Although the State of Hawai'i has had its medical marijuana program in place for seven years, it is time to rectify some of the problematic aspects of the law. For the majority of Hawai'i's medical marijuana patients, it is extremely difficult to consistently grow enough medical-grade marijuana to continuously meet one's needs. Theft, mold, bug infestation, disease, lacking knowledge of successful growing and curing techniques and time consuming trial and error are just a few of the issues patients face. If and when a patient has a successful harvest, it is important to be able to keep enough to ensure an adequate supply if the next harvest is unsuccessful. Increasing the amounts of plants and product a patient can grow and possess will serve to increase a patient's success rate of maintaing an adquate supply of medicine.
If passed, HB493 will increase the amounts of cannabis patients and caregivers are allowed to grow and possess to quantities in better accordance with patients' needs.
HB493 also provides full reciprocity for medical marijuana patients licensed by another state. Because tourism is such a big part of Hawai'i's economy, it is important that we offer the same legal protection for our tourists as we do for our residents.
In June of 2000, Hawai'i passed SB 862 HD1, which made Hawaii the first state whose legislature, as opposed to voter initiative, legalized marijuana for medical use. The Hawai'i law is based on the state of Oregon's Medical Marijuana Law; allowing each patient 3 mature plants, 4 immature plants and three ounces of usable marijuana. Oregon's law took effect one year earlier.
After seven years, the state of Oregon, understanding the many issues facing patient's acquiring a viable crop of their medicine, amended their law accordingly. The State of Oregon Senate Bill 1085, enacted by the Oregon Legislative Assembly and which took effect on January 1, 2006, raises the quantity of cannabis that authorized patients may possess from seven plants (with no more than three mature) and three ounces of cannabis to six mature cannabis plants, 18 immature seedlings, and 24 ounces of usable cannabis.
Having crafted Hawai'i's law based on the amounts set forth by the state of Oregon, like their state, it is time to amend our law accordingly.
Another critical issue facing Hawaii medical marijuana patients is the acquisition of their medicine. As with the state of Oregon, increasing the quantity of marijuana each patient can grow and possess at one time helps patients; it is very difficult for individual patients to grow a viable product to assure an "adequate supply." The important question is:
how does a patient who is diagnosed with cancer and to undergo chemotherapy immediately acquire the medicine that his/her doctor recommends? In this case, there is not enough time for the patient to grow, harvest and cure the medicine that will help with nausea during chemotherapy treatments.
Hawaii does not provide for a legal means of supplying marijuana. The law does not address the issue of whether or not patients can form growing cooperatives. By allowing for patients to form collective and cooperative operations will allow for individual patients to have their needs met immediately. There appears to be two options on how to ammend Hawaii's law accordingly:
1. Ammend the law so that one patient or caregiver would be alowed to grow for a number of patients at a time.
2. Ammend the law so that many patients can have an operation together in one place.
HCR 10 was introduced to the state of Hawai'i House of Representatives on January 22, 2007, and adresses theses issues by creating an allotment system allowing agriculturally zoned family farmers on the island of Maui to supply the medical marijuana needs of the community.
In order for these bills to pass, every patient must submit testimony to the state legislature.
Hawai'i Medical Marijuana Law
Hawai'i Hemp Law
2008 Maui County Initiatives
View all Drug Related Bills in the 2007 Hawaii State Legislature