Update: SB 1458, SD2, HD 3

Jim Finnel

Fallen Cannabis Warrior & Ex News Moderator
As some of you know, the Senate and House conferees met Tues to discuss SB 1458, SD2, HD 3. I was there. It was about a 10 min. discussion where the spokespeople for each chamber summarized their position. They have scheduled a reconvening for Tues. the 26th at 1:30 to discuss further (they have to decide what to do by midnight on the 28th so I'm assuming they will have already figured out what they're going to do before then behind closed doors.)


Here's what they said.
Sen Green said: This is the furthest any bill on this topic has gone. He said there have been 3 drafts so far on the Sen. side and thinks there will be many more. . Because this bill originated in the Senate, they do the conference draft (s) which the House then responds to. (The CD 1 is NOT available on line; I have a copy or you can pick one up at the capitol from any of the conferees, but it will be old news soon.) The Senate CD 1 , Green said, does the following (compared to the last House version):

Senate position:
- Removes "pilot" designation for single dispensary site; instead sets up one on Maui then it is "implemented in all counties within two years thereafter."

- Sets $20,000 licensing fee (renewable yearly at $20K)
- Sets $100 "administrative fee" for visiting out-of-state patients
- Prohibits "intrastate (within the state) transportation of mmj once all centers are established in the counties" [we are researching exactly what this means]
- changes am't of permissible mmj
- deletes language which wouldn't permit smoking of mmj (only edibles, ointments, etc.)
- deletes language about FDA approval
- deletes task force to help department w/ rulemaking
- deletes 5 year pilot program requirement
- sets effective date of Aug. 7, 2011 with program to be in place 1 year later
- Interestingly, Green did not say, but the CD1 says, the program will be in the Dept. of Health

Rep. Yamane said the House position is:
- they want a true pilot program
- want 1 location only
- don't want it to be automatically expanded to other counties after initial 2 years (or whatever time frame they put in for initial site.)
- want it to stay in Public Safety

At the end, Sen. Green said they are open to the Big Island being the initial site.

specific areas of concern:
- can pts/caregivers still grow their own?

- what does "intrastate" transportation language mean ? Can a pt. bring it from Waimanalo to HNL for instance?
- Why do we need a pilot project when NO other states have done a pilot program and they all have done multiple sites from the get go?
- What about equal access to a safe & legal supply from patients on a different island than where the first site is?
- Can language be added to address other issues e.g. clarifying the rules around transporting medicine or giving seeds or clones to a patient or is this not in line w/ senate or house rules on conferences?
- And the big question: is this bill going to help at all or is it just a way of delaying real solutions? (Bear in mind that bills from this session remain alive for next year and can be acted on from whatever committee they ended up in.)

Some very recent updates from elsewhere.:

DISTRICT OF COLUMBIA – Mayor Vincent Gray announced that he will issue final regulations to implement the local D.C. medical marijuana law. As a result, five establishments will soon start selling marijuana to patients within a couple miles of Capitol Hill.

NEW JERSEY – The state health department announced the six organizations that will be growing and selling medical marijuana to patients in New Jersey.

MAINE – Eight dispensaries have received permits to sell marijuana to patients in Maine.

Here are the people to contact if you wish to (esp. Yamane and Green):

House conferees appointed: Yamane, Aquino, Keith-Agaran, M. Oshiro Co-Chairs; Ito, Riviere.

Senate Conferees appointed: Green, Chair; Chun Oakland, Espero, Co-Chair(s); English, Shimabukuro.
 
For a $100 admin fee, guess I won't be visiting any dispensaries if I'm lucky enough to visit the islands again if the law passes in this form - don't think I'd even spent that much buying from pedicab drivers etc when I was there years ago. and one lucky collective gets to be legal at first? why have a monopolistic business model, aren't we still in the USA? free/fair trade? Further, why can't patients grow their own - cannabis belongs in the kitchen gardens of those that can grow, or for caregivers?
 
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