Marijuana Policy Project

Senators wanted to override veto, but house didn't

A bill aimed at improving Hawaii's medical marijuana law remains dead.

The bill was one of 28 that Gov. Linda Lingle vetoed and the state House of Representatives didn't try to override. The Senate overwhelmingly disagreed, voting 20-1 to override the veto, but the House leadership did not bring it to a vote.

Lingle told the Legislature in a written statement that she objected to the bill "because it is an exercise aimed at finding ways to circumvent federal law. The use of marijuana, even medical marijuana, is illegal under federal law. It is, therefore, inappropriate for the State to recommend ways to maintain or increase the supply of marijuana, to make recommendations regarding the development of marijuana growing facilities, or to seek ways to circumvent federal prohibitions regarding the transport of marijuana."

Had this bill passed into law, a task force would have been formed to look at whether the existing law provides enough medical marijuana for a patient's use, the development of safe growing facilities on the various Hawaiian islands, problems patients encounter in interisland travel and should have compared Hawaii's law with that of other states.

Lingle also disagreed with establishing the task force under the University of Hawaii College of Tropical Agriculture and Human Resources, calling it a "clear conflict" that could jeopardize federal grants for the university. She also stated that some of the issues to be examined by the task force were far outside the university's purview.

Lingle criticized the stated makeup of the task force itself because the prescribers, patients and members of the Drug Policy Forum constituted a majority that would tilt the panel in favor of "the expansion of medical marijuana access and programming."

"While I am sympathetic towards (sic) those who suffer debilitating illnesses and appreciate organizations and advocates who are representing their interests, the task force should have at heart the interests of the community at large," Lingle wrote. "There are a host of unintended consequences related to the proliferation of medical marijuana that this task force is not required to address."

Lingle also questioned whether a task force could balance the interests of the community and medical marijuana patients, and noted that the Office of National Drug Policy promotes other approved prescription drugs that can help those with A.I.D.S., glaucoma, cancer and other painful illnesses.

Despite the objections of Lingle, the county Office of the Prosecuting Attorney and the Police Department, the bill had significant support from Democratic lawmakers and a couple of Republicans.

Among those supporting the bill was Rep. Cindy Evans, D-North Kona, South Kohala, chairwoman of the House Public Safety and Military Affairs Committee. As chairwoman, Evans saw several versions of the medical marijuana bill cross her desk, all of which were merged into the bill that Lingle eventually vetoed.

Evans pointed out a contradiction in the law that allowed patients to possess a limited marijuana for medical purposes without providing for a way for patients to obtain the plants.

"Do you have to break the law to get the seeds to grow the plants?" she asked.

Evans said she would have liked to see the bill pass into law.

"I think that idea had merit" because the state had already passed a law granting medical marijuana use to patients. On the other hand, she said the bill may have fallen victim to the "slippery slope" argument, the concern that it would expand drug use.

"We did not put it up for override. People feel medical marijuana is a very controversial issue," Evans said. "It's considered a narcotic by the federal government."

Evans expects, however, that some version of the bill may emerge in the next session of the Legislature.