Medical Marijuana Gets Another Look

[User]

Despite Gov. Linda Lingle's veto of a measure that would have tightened gaps in Hawai'i's medical marijuana laws, state lawmakers vowed yesterday to reintroduce legislation in the upcoming 2009 session.

"We had this bill to address problems with our law," said Rep. Joe Bertram III, D-11th (Makena, Wailea, Kihei). "Our state law is so vague that patients don't know how to get medical cannabis for legitimate use."

Lingle's veto of the bill last month left muddy issues that a task force would have aired: legal distribution, transportation and how federal and state laws interact, Bertram said.

Bertram and Rep. John Mizuno, D-30th (Kamehameha Heights, Kalihi Valley, Fort Shafter), yesterday invited law enforcement officials, physicians, a law professor and members of the Drug Policy Forum of Hawai'i to air their concerns that will be melded into bills for the upcoming legislative session that will begin in January.

To be effective, a state law must remove criminal penalties for patients using or possessing medical marijuana, Bertram said.

Patients and primary caregivers on an approved list are exempt from state law prohibiting marijuana possession, but not federal law.

Hawai'i is one of 12 states that have laws allowing qualified patients to use marijuana. Today more than 4,000 patients are registered with the state Narcotics Enforcement Division and are allowed to legally grow and use the drug.

Hawai'i was the first state to allow medical use of marijuana by a law enacted in 2000.

The law, as written, allows patients to have three mature plants, four immature plants and up to 3 ounces of marijuana to be used to treat debilitating medical conditions such as cancer, glaucoma, HIV/AIDS and chronic back or neck pain.

But the law doesn't address enforcement issues or distribution.

Iggy, a medical marijuana user who didn't want his last name used for fear of retribution, is a qualified, registered patient, but he has still had his plants removed by police at least twice, he said. Each time, he's gone to the Police Department with his lawyer and his certificate to get his plants back.

"We need the laws revised so we can grow and transport medical marijuana," Iggy said. "Perhaps the solution is to establish a cooperative grower to hold adequate supplies of medical marijuana."

In the meantime, Mizuno asked government officials yesterday whether any lawsuits have been filed after the state Department of Public Safety erroneously released the names and addresses of the 4,000 patients listed with the Narcotics Enforcement Division to a Hilo newspaper.

Iggy was one of those people whose name was listed.

"It was a complete breach of my privacy," said Iggy, who came from Maui to attend the informal hearing. "My medical situation is private."

Bertram said a task force could have ironed out all of these issues.

"The task force was an opportunity to work together and get the information out," said Jeanne Ohta, executive director of the Drug Policy Forum of Hawai'i, a nonprofit organization specializing in drug policy.


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Source: The Honolulu Advertiser
Copyright: 2008 The Honolulu Advertiser
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[Cherma]

Hawaii County will have on the November 2008 ballot, the measure to have Marijuana as the lowest priority in Law enforcement. This is only for the Big Island of Hawaii, not Maui, O'ahu, Kauai, Molokai or Lanai.
Yes, there are no guidleines for a " Patient" who is unable to grow their own cannabis, a safe place or access to obtain, unless froma caregiver. The laws and guidelines governing the amount one patient can have are at best "OLD" , but work for some of us, Being both a MMJ patient and Caregiver, it has taken some time to be within those guidelines of a 3 mature-4 in vegetative stage. Several times Gov. Lingle has rejected any new discussions on this subject, as her view is strict: Cannabis in Hawaii, Medical or not is still illegal under Federal Law , and does not want to ruin Hawaii's ability to be able to obtain Federal Funding for the rest of Hawaii's Federal dollars received from Washington.
Hawaii has over 63,000 State and Federal employees, The state of Hawaii employs more people than any other state.
As Archaic as the current laws are, and with the inception of Medical Marijuana by the legislature of Hawaii, we will continue to move forward in progessing and changing the existing laws governing the amounts allowable, and having safe access for those MMJ patients who cannot or does not have the ability to grown their own medicine.