Mahalo to Kirsten Johnson for covering Cannabis stories emerging from the Hawaii State Legislature. Snippets from today’s article are below. Link to the full text is at the bottom of the page.
HILO — A bill to replace the term “medical marijuana” with “medical cannabis” in state law is moving through the Legislature, though most other marijuana-related measures have died.
Senate Bill 786, introduced by state Sen. Mike Gabbard, D-Oahu, says the word “marijuana” originated as a “slang term” and carries “prejudicial implications rooted in racial stereotypes” from the early 20th century when the drug was first criminalized in the United States. “Cannabis” is a more accurate term, the bill says, and carries “no such negative connotations.”
If passed, the word change would affect state statute, Hawaii Administrative Rules and require the state Department of Health to revise all its documents, letterheads and websites to conform.
The bill is co-sponsored by state Sen. Russell Ruderman, D-Puna. Earlier this week, it crossed over to the House.
Other marijuana measures moving forward include:
• Senate Bill 305, introduced by state Sen. Rosalyn Baker, D-Maui, would require dispensaries to retain video footage and recordings of their operations for at least 45 days.
Existing law doesn’t address data retention requirements, Baker’s proposal states, and instead defers to the DOH’s administrative rules which require video surveillance be kept at least 365 days. The bill says a year-long requirement could compromise clarity of footage and “impede overall security” because licensees would have to decrease the frame capture rate of recordings to have enough storage.
• House Bill 263, introduced by Scott Saiki, D-Oahu, would impose a General Excise Tax on a percentage of dispensaries’ gross income and deposit it into a special fund to be used for public health purposes such as drug recognition training for law enforcement officers.
Many other marijuana proposals languished in their original chamber including:
• Legalizing marijuana for anyone over age 21 (sponsored by Ruderman). Other decriminalization measures also died.
• Exempting military veterans from paying medical marijuana registration fees (sponsored by Ruderman).
• A cap on retail prices for medical marijuana and manufactured marijuana products.
• A limit on THC levels in manufactured marijuana products and requiring warning labels on packaging.
• Expanding the list of qualifying debilitating conditions for medical use to include lupus, epilepsy, multiple sclerosis, arthritis, autism, anxiety, depression, insomnia and stress.
• A continuation of the caregiver program (currently set to end in 2018), allowing dispensaries to sell edible cannabis products and allowing felons to work in the marijuana industry five years after completing their prison sentence.
• Establishing state-regulated collectives to allow patients with excess marijuana to sell it to other collective members (sponsored by Ruderman and House counterpart state Rep. Joy San Buenaventura, D-Puna).
• Reassessing the state’s classification of marijuana as a Schedule 1 drug (sponsored by San Buenaventura).
• Establishing a minimum blood concentration content of tetrahydrocannabinol (THC) for driving under the influence (sponsored by state Sen. Josh Green, D–Kona, Ka‘u).
• A ban on marijuana products created to appeal to children.
Hawaii legalized marijuana for medical use in 2000, but until recently never provided a way for patients to legally buy it.
San Buenaventura said this week she was disappointed several bills did not move forward, but she’s still hoping two concurrent House Resolutions will get a hearing. The resolutions, like her bill, request the federal drug administration remove marijuana as a Schedule 1 drug.
However she said passing sweeping reform to state marijuana law this year is unlikely, particularly under new federal leadership. Some marijuana supporters believe President Trump’s team has expressed mixed views on its stance on marijuana.
“We need to go kind of slow right now,” San Buenaventura said. “I don’t want to set people up for federal prosecution even though it may be legal statewide. Not after what’s come out of the Trump administration. We need to protect existing medical marijuana patients.”
Email Kirsten Johnson at kjohnson@nullhawaiitribune-herald.com.
Patient Editorial
Licensed patients in Hawaii have reported illegal searches and property confiscations. Once jailed these patients are separated from their medicine followed by a sharp decline in health while incarcerated. Taxpayers are paying thousands of dollars per day to jail non-violent Cannabis patients for use and possession. It’s unclear to many patients whether a license is necessary.
As noted in the article above, patients with lupus, epilepsy, multiple sclerosis, arthritis, autism, anxiety, depression, insomnia and stress related disorders do not qualify for a license. The opportunity for patients without healthcare to use Cannabis grown at home creates an intense financial burden when faced with legal costs.
When patients are registered with the state they’re health information records are open to state employees in dozens of state agencies. Law enforcement and third party service providers have access to patient health information records in Hawaii. By registering with the state, the patient is put into a kind of police investigation waiting list. Compliance checks are executed around the state in poor communities already suffering in food drought zones. Many patients unknowingly face federal prosecution for possession and plant numbers they simply do not understand. Patient registration is optional in other states like Washington.
Licensed patients in Hawaii have had their health information records shared with the local newspaper. Other federal violations of patient rights and horror stories from local police commissions forced lawmakers to move the program from the Dept. of Safety to the Dept. of Health to stem the flow lawsuits. The program then became more restrictive limiting the availability of medicine. Local black markets seized the opportunity and patients reported using more opiates as a result of increased prices for Cannabis. Many patients we interview simply do not understand the subtle nuances between Dept. of Health rules, state laws and the best way to obtain seeds or clones, both of which are still illegal to source.
Patients that may or may not meet the rules of the state’s, so-called Medical “Marijuana” Program. Using real words like Cannabis instead of racially devisive words to describe this safe and effective medicine is a step in the right direction. Although equality and patient rights seem to be a distant issue for most Hawaii lawmakers outside of Puna where the highest concentration of patients have received Doctor certified, state licensed permits to participate in the program. Being a patient is still a criminal activity.
Orginally called, “locoweed”, the plant’s name, “Cannabis” used by and included in products sold by the largest pharmacuetical companies was abandoned by the government for some questionable reasons as reported by leafly in their “Origin of the Word Marijuana” article which includes some quotes,
Anslinger articulated: “Reefer makes darkies think they’re as good as white men…the primary reason to outlaw marijuana is its effect on the degenerate races.”
In retrospect, Anslinger’s efforts with the Bureau of Narcotics were the reason “marijuana” became a word known by Americans all over the country. When making public appearances and crafting propaganda films such as Reefer Madness, Anslinger specifically used the term “marijuana” when campaigning against the plant, adding to the development of the herb’s new “foreign” identity.
Hawaii state lawmakers, the dept’s. of health and safety chose to continue to use this word throughout the 20 year history of the medical “marijuahana” program. Social dismay, disdain and general disgust for these agencies by some patients is now multi-generational. Children have seen their parents arrested for growing a plant that keeps their parents healthy. Some of these same children who rely on Cannabis for their own health have been further dengraded in their schools. Hawaii law enforcement have shown up to their schools passing out brochures entitled, “Marijuana is Not Medicine”. The social stigma promulgated by Henry Anslinger is promoted by Hawaii lawmakers who further prohibitionary thinking, rule and law making.
Read the full text of the story at WestHawaiiToday.
Email Kirsten Johnson at kjohnson@nullhawaiitribune-herald.com.