Hawaii Medical Marijuana Safe Access Bill

8/8/2019 Hawaii Medical Marijuana Safe Access Bill

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MEDICALMARIJUANA SAFEACCESS BILL

A Proposal by

“Pacic Wellness Coalition”



Why Should HawaiiLegalize Marijuana

Dispensaries?•Since signed into law on June 15 th, 2000, Act 228has provided for the use of medical marijuana for over 10,000 residents.•The intent of Act 228 is to provide those with alegitimate medical need to obtain and use cannabis.

•The law has come under criticism from manygroups for being contradictory, it recognizes thevalue of cannabis as medicine but does notadequately provide for patients to obtain thisvaluable medical resource.•The current law allows patients to grow their ownmedicine. However many cannot due to severity of

their illness, safety and security concerns, financialissues and lack of access to cannabis seeds.•Although the law allows patients to identify acaregiver who may grow their cannabis, manypatients do not have access to skilled caregivers andmust rely on the black market or go without.

Source: MCWG Final Report 2010



Why Should HawaiiLegalize Marijuana

Dispensaries?•Since its inception there have been dozens of attempts to

improve Act 228.

•In October 2009 the Medical Cannabis Working Group

(MCWG) was convened by Senator Will Espero (based on

Act 29) to examine state statutes and issues that patients,

caregivers, police and doctors reported in working with the

medical marijuana system in Hawaii.

•The MCWG report to the state legislature in Feb 2010

identified safety, economic, medical and social concerns

that were the result of the flaws in Act 228.

•Dispensaries, if regulated properly, can resolve the

problems that exist while providing significant benefits to

the community and economy of Hawaii.



How will Hawaii Benefitfrom LegalizingMarijuana Dispensaries?

•Establishing dispensaries would allow for taxation of medicine and general excise taxes,as well as the creation of jobs in both the publicand private sector.•Patients would be insured consistent access tosafe, quality medicinal cannabis, thus reducing

suffering. This would also be consistent with theintent of Act 228.•Because dispensaries charge lower prices for higher quality medicine, patients will have moremoney to spend in other areas- generating more

jobs and tax revenue.

Dispensaries in Hawaii would take

money away from organized crime andreduce the black market. This also

reduces the safety risk for patients and

lowers the opportunity for street crime.



Problems with the Current System

•Patients have no legal access to seeds or

plants except via caregivers, who are notregulated beyond amount they can growand are of varying expertise.•Many patients do not have access tocaregivers and must resort to obtaining their medicine on the black market, which puts

the patient in harms way and provides aneconomic boon to organized crime.•Many patients cannot afford the high costof black market marijuana and fear puttingthemselves or a loved one at risk to obtainor grow their medicine.

Source: MCWG Final Report 2010

•Producing medicinal marijuana requires

extensive knowledge of genetics and

horticulture, as well as skill in plant

cultivation that most patients do not

possess and many have no interest in

learning.

•Dispensaries solve this problem by

regulating the production of medicinal,

organic cannabis using skilled and

knowledgeable horticultural staff.



Medical Issues•Patients who are terminally or severely ill are unable to grow for themselves but require consistent, safe accessto medicinal cannabis.

•Even patients who can grow themselves or have access to a caregiver are not insured of a consistent supply

due to current plant limits.•Patients who can grow themselves or have access to a caregiver may be getting medicine with mold, fungus,insects or other pollutants that may cause serious harm.

•Patients who can grow themselves or have access to a caregiver may require edible cannabis, which demandsgreater quantities of plant material and further processing and knowledge that most patients do not have.

Social Issues•Patients who must resort to obtaining their medicine on the black market face various risks including robbery andassault. They are exposed to dangerous individuals and environments in order to get a medically recommendedplant that eases suffering. This contradicts the intent of Act 228.

•Many patients cannot afford the high cost of black market marijuana and fear putting themselves or a loved oneat risk to obtain or grow their medicine, so they go without. This also contradicts the intent of Act 228.



Medical Marijuana Myths and Facts

MMJ Fact: Organizations that have endorsed the medical use of marijuanainclude: American Academy of Family Physicians, California Medical

Association, California Society of Addiction Medicine, the AIDS ActionCouncil, Lymphoma Foundation of America, National Nurses Society onAddictions, Canadian Medical Association, American Academy of HIVMedicine, British Medical Association, American Public Health Association,and the New England Journal of Medicine.(1)

MMJ Myth #1: “Cannabis does not have any recognized medical usesor benefits”

MMJ Myth #2: “Cannabis is a dangerous drug, it causes more damagethan it cures”

MMJ Facts:• Cannabinoids are non-toxic, lethal effects are nonexistent.(2)• Common over-the-counter medications and alcohol can both produce

death via overdose, but there has never been a documented case of overdose death due to cannabis. (2)

• In 1988, a Drug Enforcement Administration Administrative Law Judge,Francis Young, concluded that in strict medical terms marijuana is far safer than many foods we commonly consume. (3)

• The pharmacology of cannabis indicates that it does not pose greater

risks of damage than alcohol, tobacco, and caffeine. (4)• Components of cannabis have recently been shown to have anti-

inflammatory, anti-oxidative and neuroprotective effects, suggestingpossible therapeutic effects on conditions such as Parkinson’s disease,Alzheimer’s disease, cerebral ischemia, diabetes, rheumatoid arthritis,nausea and cancer. (5)

References1. Marijuana Policy Project. Medical Marijuana Endorsements and Statements of Support.2. Dewey, W. Cannabinoid Pharmacology. Pharmacological Reviews. 1986 Vol. 38, No. 2.3. Young, Francis. (1998) Opinion and Recommended Ruling, Marijuana Rescheduling Petition Docket No.

86-22. Drug Enforcement Administration.4. Hollister, L.E. (1986), "Health Aspects of Cannabis", Pharmacological Reviews, 38:1, 1-20.5. Guzman, Manuel, ( 2003),"Cannabinoids: Potential Anticancer Agents." Nature Reviews: Cancer. p. 746.



MMJ Myth #3: “Marijuana is addictive like ICE and Heroin. It causes long term brain damage.”

MMJ Myth #4: Mostly younger people are getting medical authorization for cannabis based on

minor ailments, it is a way to circumvent the law.”MMJ Fact:

• According to a review by the General Accounting Office of medical cannabis programs in four states includingHawaii, "Most medical marijuana recommendations… have been made for applicants with severe pain or musclespasticity as their medical condition. Most medical marijuana registrants in Hawaii were males over 40 years old.Over 70 percent of all registrants in Hawaii, Alaska and Oregon were 40 years of age or older.” (9)

MMJ Facts:• The primary marker of a drug with a severe dependence liability is compulsive self-administration produced in an

animal model. Animals will not self-administer marijuana. (6)• The scientific record indicates that marijuana has a much lower potential for abuse than heroin, cocaine, or

amphetamines.(7)• There is little evidence that long-term cannabis use causes permanent cognitive impairment. Overall, by comparison

with other drugs used mainly for 'recreational' purposes, cannabis could be rated to be a relatively safe drug.(8)

References6. Abood, M.E., and Martin, B.R. (1992), Neurobiology of Marijuana Abuse. Trends in Pharmacological Sciences 13:201-206.

7. Felder, Christian, and Michelle Glass. 1998. Cannabinoid receptors and their endogenous agonists. Annual Review of Pharmacology and toxicology, 38:179-200:8. Leslie Iversen, (2005) “Long-term effects of exposure to cannabis,” Current Opinion in Pharmacology 5:1, Pgs 69-72.9. General Accounting Office, (2002) "Marijuana: Early Experiences with Four States' Laws That Allow Use for Medical Purposes" Washington, DC: Government Printing Office



• Adopting successful laws that arecurrently in effect in other Statessuch as Colorado.

• Create a division called the HawaiiMedical Marijuana EnforcementDivision:

• Funded from the taxes derivedfrom medical marijuana.

• Create the strict process for starting a dispensary.

• Enforcers of all dispensaries that

are approved after an intenseapplication process.• Key point is to minimize the amount

of dispensaries throughout the stateso this will create a more controlledenvironment for the Hawaii Medical

Marijuana Enforcement Division.

How Should Hawaii Regulatethe Medical Dispensaries?



•Hawaii is not a large urban rural area like California.

•California is the first state to allow dispensaries. Hawaii will learn from their mistakes, create better laws and regulations.

•Colorado is the second state to legalize dispensaries and created an enforcement division. The state introduced andpassed a new strict and more defined bill called HB1284. This bill made it harder for non-legitimate people to start adispensary and made it difficult for any new dispensaries to pop up everywhere like McDonalds.

•Hawaii will create similar laws as Colorado but it will be more in tune for our ways of living here in Hawaii. If we createthe perfect regulations for medical marijuana, Hawaii can be the model for many other states to follow.

•The Big Island should have two dispensaries, Maui three, Molokai one, Lanai one, Oahu four and Kauai one.

•Approve a dispensary that is currently successful in the industry, are aware of the daily operations, the laws andunderstands the business for others to follow.

•This ensures patients will have readily available and safe access to their medicine.

Once Legalized, will Hawaii beOut of Control and be just likeCalifornia with all of the Illegal

Activities that the State isDealing With? NO!

X



NO, legalizing medical marijuana dispensaries drives down the productionand sales of the Black Market to the patients while giving themprofessional, safe access to their medicine. For example, ever since theState of Colorado legalized marijuana dispensaries, Mexican MarijuanaDrug Trafficking has diminished severely. It is not guaranteed that alldispensaries will follow all rules and that is why the Hawaii Medical

Marijuana Enforcement Division will be prompt on monitoring alldispensaries to assure legal daily operations.

Will LegalizingMarijuana

Dispensaries CreateCrime and Illegal

Organizations?



What State Regulations and Rules should HawaiiDevelop to Create a Safe and ProfessionalEnvironment for all Medical Marijuana Dispensaries?

•The State of Hawaii will have to work with an organization that has theexperience, the team and the knowledge of the Medical MarijuanaIndustry, such as the Pacific Wellness Coalition.

•Pacific Wellness Coalition will work hand in hand with state officials tocreate regulations for dispensaries such as:

•Tax percentage that the state will assess marijuana dispensaries

•Application process, license application fees, the applicantrequirements, the zoning for dispensaries and the required build out for dispensaries to assure SAFE ACCESS for the sick patients.

•Enforcement procedures and how the tax percentage should be split for different departments throughout the state.

•As for the dispensaries and grow facilities, the rules should be strict butyet comfortable for the patients as well.



What should theRequirements be for

a Person to Obtain aDispensary License?The requirements should be similar to HB1284that Colorado has drafted for all personsapplying:

•Intense background criminal check, anyapplicant that has been arrested several timesfor domestic, DUI, etc. but have not beencharged as a felony will be reviewed by theHawaii Medical Marijuana Enforcement Divisionand they will have the final say rather or not the

applicant is approved.•Any applicant that has a drug felony within 5years shall not be approved.

•Pacific Wellness Coalition will draft up therequirements that should be applied to thedispensary licensing application and will workclosely with state officials.



Who should be able to Enter a Dispensary and Obtain Medical Marijuana?•Strictly medical patients with a valid medical marijuana card.

•All dispensaries should have access to a list of all VALID patients throughout the State of Hawaii and a list of all non-valid patients throughout Hawaii from the State Department.

•No one will be able to enter the dispensary if they are not holding a current and valid MMJ Card.

Should all Patients be Required to make a Dispensary Center their Primary Caregiver?Yes, it is the dispensary’s responsibility to make sure their patients are legal, valid, etc. and will monitor their patients

no differently than a doctor’s office. The State of Hawaii will not have to spend thousands of dollars to have a division

that monitors the patients. Keep everything within the dispensary center, this way at any given time the Hawaii

Medical Marijuana Enforcement Division can question the center if they have any issues concerning a patient.



What should the Regulations beas far as the Locations of wherea Medical Dispensary wouldLegally be able to Operate?

• Medical marijuana dispensaries should havetheir place of business in a safe area for allmedical patients.

• Medical marijuana dispensaries should not bewithin 500-1000 feet of a children's day carecenter, church, schools, public parks and state

or federal buildings, residential areas,community centers (YMCA, etc).

• All locations should be discrete and not haveany signage with a marijuana leaf anywhereon the exterior sign for the public to see.

• All dispensaries will be required to haveaccess for all handicapped patients with all

ADA requirements for a retail store.

• Any dispensaries with front windows shouldbe tinted so that no one from the public will beable to see the inside of the store.

• The Pacific Wellness Coalition will draft up theregulations that should be applied to thedispensary bill and work closely with stateofficials.



What should the Regulations be asfar as the Locations of where aMedical Grow Facility wouldLegally be able to Operate?

• Grow facilities should be operated in an enclosedsecured commercial industrial warehouse.

• If growing then it is to be on private land with no lessthan 1 acre and is zoned for agriculture.

• Green Houses would be allowed as long as it is onprivate land with no less than 1 acre and is zoned for agriculture.

• Grow Facilities should not be within 500-1000 feet of a children's day care center, church, schools, publicparks and state or federal buildings, residential areas,community centers (YMCA, etc).

• Grow facilities shall have no signage and no visiblewindows allowing the public to view the inside.

• Grow Facilities will have the proper electrical amps,

and a certified electrical engineer to draw up anelectrical plan so that the facility can get the buildingpermitted.

• Grow facilities will have the proper ventilation andfilter system that will enable the surrounding areas tonot have a strong odor of medical marijuana. ThePacific Wellness Coalition will draft up the regulationsthat should be applied to the dispensary bill and work

closely with state officials.



•Assign and only allow the medical dispensaries to grow medicalmarijuana.

•Responsibility remains with the dispensaries to maintain qualitycontrol.

•By linking the grow facilities directly with the dispensaries the stateeliminates illegal grow operations and prevents Black Market sales athigher street prices.

•Also eliminates all the small “mom & pop” grow operations andbackyard growers, keeping it regulated and out of neighborhoods.

Should Anyone be able to Grow for theMedical Dispensaries? NO!

Hawaii will contain the industry by making the dispensaries

responsible for their grow facilities and by doing so the dispensaries

will not want to risk doing anything illegal. This creates a more

controlled system for the Hawaii Medical Marijuana Enforcement

Division.



YES, the only way that the state will understand how professional a medical dispensary really is, is tomonitor a center on a daily basis. There has to be trust and relationship between the dispensaries

and the Hawaii Medical Marijuana Enforcement Division.

Should the Dispensaries have Security Cameras placed throughout their Center for 24/7 Monitoring?



Unlike California which allows medical marijuana dispensaries, Hawaii patients are

force d to grow their own or buy it illegally.

“What's missing in the Hawaiian law is where do we go to get it,” said Joe Rattner,an HIV patient who smokes marijuana to increase his appetite.

Under the Hawaii statute registered patients are allowed to have three mature

marijuana plants on their property, four immature plants and three ounces of usablemarijuana.

Rattner was having some success growing his own plants until his backyard wasbroken into and the would-be thief or thieves tore out his landscaping. Rattner’smother is now forced to buy the drug illegally.

“You send people like me to the streets to try to findmarijuana because it's saving my son's life,” said LilaRattner. “And I will do what I have to do to keep him alive.”

Excerpt taken from Number Of Medical Marijuana Patients Soars by Andrew Pereira Last Update: 11/13/2009 12:39 am.(http://www.khon2.com/news/local/story/Number-Of-Medical-Marijuana-Patients-Soars/EH6hygiK3kq01QGyaI09oA.cspx )

A Story

http://www.khon2.com/news/local/story/Number-Of-Medical-Marijuana-Patients-Soars/EH6hygiK3kq01QGyaI09oA.cspx





KITV Hawaii Survey:What do you think isthe best way todistribute medicalmarijuana?

Choice Votes Percentage

Dispensaries(public or private) 447 80%

Individual growstheir own(current)

20 4%

All marijuanashould be

illegal93 17%

Thank you for voting in our survey. KITV Survey as of 07:35am11/23/10

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Hawaii Medical Marijuana Safe Access Bill

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