Talking Points

If you are directed to voicemail, please leave a short message, such as: "My name is _____ and I am from ______. Please support HB 1192, which would make possession of less than an ounce of marijuana a citable offense punishable by a $100 fine. I also support HB's 1191 and 226, which would improve Hawaii's medical marijuana program. HB's 1194 and 967 need to be amended so that they improve the state's medical marijuana program, and I strongly oppose HB 1635, which would place unnecessary restrictions on program participants and limit qualifying conditions to cancer, glaucoma, and HIV/AIDS."

Below is a more detailed summary of each bill.

HB 1192

*SUPPORT*

Possession of Marijuana; Civil Penalties

Makes the possession of less than one ounce of marijuana a civil offense punishable only by a $100 fine and forfeiture of the marijuana. Requires offenders under 18 to complete a drug awareness program.

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TALKING POINTS:

Possessing small amounts of marijuana for personal use is not, in and of itself, something that warrants jail time.
All arresting people for marijuana possession does is saddle them with a damaging criminal record that can make it impossible for an otherwise law-abiding citizen to obtain a job, housing, or student loans.
Massachusetts, along with 11 other states, has already passed laws that make the possession of small amounts of marijuana a citable offense. State legislatures in Connecticut, Texas, Vermont, and Washington are currently considering bills that would do the same.

HB 1191

*SUPPORT*

Medical Marijuana; Distribution System

Creates distribution system for medical marijuana in Hawaii. Allows "certified facilitators" that are registered with the department of public safety to assist qualifying patients or primary caregivers in maintaining an adequate supply of medical marijuana. Allows a secure growing facility to grow marijuana for no more than 14 qualifying patients and possess no more than 98 marijuana plants. Increases possession limits from three mature plants, four immature plants, and one ounce of usable marijuana per mature plant (three ounces) to seven mature plants and one ounce of usable marijuana per mature plant (seven ounces).

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TALKING POINTS:

Patients who cannot grow for themselves need help producing enough medicine to keep them adequately supplied. Allowing state-registered growers to serve several patients at once is smart because it creates an alternate source of medicine that patients can rely on when they need to.
Patients shouldn't have to resort to the unreliable and often dangerous criminal market to get their medicine — they should be able to get it from an organization like those HB 1191 establishes.

HB 226

*SUPPORT*

Medical Marijuana

Increases possession limits from three mature plants, four immature plants, and one ounce of usable marijuana per mature plant (three ounces) to 12 marijuana plants and seven ounces of usable marijuana at any given time. Allows a caregiver to grow marijuana for no more than five patients. Allows a patient's written certification to include address of the location where a patient's marijuana is grown, but states that such information is confidential and shall not appear on the registry card. Allows physician to issue a written certification that is valid for a period of time less than a year. Prohibits a written certification from specifying a patient's debilitating condition.

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TALKING POINTS:

Doing away with the mature/immature distinction will make it much easier for patients and police to determine who is within the bounds of the law and who is not.
Allowing state registered caregivers to grow for up to five patients is a good idea because it allows for growers to serve the needs of several patients at once, and in one place. Also, growing several marijuana plants is often easier than growing only a couple; plus, it enables caregivers to better account for unforeseen problems, such as plant disease, insects, or a power outage that can wipe out an entire yield of medicine.
Protecting sensitive information like a patient's qualifying condition is the right thing to do. Law enforcement officers do not need to know anything about a medical marijuana patient other than whether or not they are legal.

HB 1194

*OPPOSE UNLESS AMENDED*

Medical Marijuana

Transfers administration of Hawaii's medical marijuana program from the department of public safety to the department of health. Gives department of health overall medical and operational oversight over establishing a secure system for growing and distributing medical marijuana. Changes possession limits from three mature plants, four immature plants, and one ounce of usable marijuana per mature plant (three ounces) to four ounces of usable marijuana every 30 calendar days. Limits patients to one caregiver. Increases application fee from $25 to $50.

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TALKING POINTS:

Transferring the medical marijuana program from the department of public safety to the department of health makes sense because the department of health is better equipped to deal with health issues and should be the agency responsible for handling confidential patient information.
Just this past June, the public safety department's Narcotic's Enforcement Division (NED) mistakenly released the names and personal information of 4,200 registered patients to the Hawaii Tribune-Herald. This was a huge breach of confidentiality that resulted in an official apology from NED to patients, along with instructions for patients to take necessary precautions to protect any information NED may have released.
Although establishing a state distribution system is a good way to improve patient access to medicine, it should not be the only source of medicine. Patients or a caregiver should be allowed to grow medical marijuana in addition to state-registered organizations.
Many patients are on fixed income, and increasing the application fee from $25 to $50 will be a financial hardship for many.

HB 967

*OPPOSE UNLESS AMENDED*

Medical Marijuana; Medical Cannabis; Department of Health; Dispensaries; Licensed Producer

Amends the term "medical marijuana" to "medical cannabis." Transfers the administration of the program from the department of public safety to the department of health. Authorizes a registration fee of $50. Establishes the medical cannabis advisory board. Provides for the department of health to license producers to dispense medical cannabis. Requires department of health to provide the department of public safety, on a weekly basis, a copy of the information provided by primary caregivers.

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TALKING POINTS:

Transferring the medical marijuana program from the department of public safety to the department of health makes sense because the department of health is better equipped to deal with health issues and should be the agency responsible for handling confidential patient information.
Although creating an advisory board to review and approve additional qualifying conditions and develop a distribution system to provide medical marijuana to patients is a good idea, law enforcement should have no interest in receiving information about caregivers on a weekly basis unless a caregiver is engaging in illegal activity, for which there are already penalties established.
Many patients are on fixed income, and increasing the application fee from $25 to $50 will be a financial hardship for many.

HB 1635

*OPPOSE*

Controlled Substances; Medical Marijuana

Establishes new recordkeeping requirements and increases penalties for violating Hawaii's medical marijuana act. Requires physical examination of patient by physician and for physician to keep copy of written certification on file for five years. Limits qualifying conditions to cancer, glaucoma, and HIV/AIDS.

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TALKING POINTS:

There are already criminal penalties for violating Hawaii's marijuana laws — we do not need more.
Requiring a physician to physically examine a terminally ill cancer patient just so that patient can continue to use medical marijuana does not make sense and is unnecessary.
We should be looking to expand conditions that qualify patients for Hawaii's medical marijuana program, not limiting them.