House bill to create medical marijuana dispensary system to be reviewed by final committees

A state House bill attempting to create a regulated medical marijuana dispensary system throughout Hawaii will be reviewed by its final committees today.

House Bill 321 establishes a system of medical marijuana dispensaries in the state and puts limits on the amount that can be purchased. The legislation also prohibits counties from enacting zoning regulations that prevent the use of land for licensed dispensaries.

Also included in the bill is language that clarifies the right of qualifying patients and primary caregivers to transport medical marijuana and authorizes any licensed physician of a qualifying patient to issue a written certification.

Medical marijuana was first legalized in the state in 2000. According to the document, the bill is needed as Hawaii’s “nearly 13,000 qualifying patients lack the ability to grow their own supply of medical marijuana due to a number of factors…”

Sen. Josh Green, D-Kona, is among several Big Island legislators supporting the bill.

Green said he backs HB 321 and is confident it will pass this year. He also expects dispensaries will open in each of Hawaii’s four counties by 2016.

The way the bill is written now the number of dispensary licenses granted in each county is not clear, but he suspects only a few will be added to start with in order to “make the program work.”

“If we go the other road with too many right away it could take two to three years to become operational. That’s not acceptable,” he said.

Green said the state believes in “starting small,” arguing that if too many dispensaries are added at once the system would fail because of a lack of staff or capacity for operation.

Green said he thinks the bill is needed so the very sick have access to marijuana for medicinal purposes.

“This bill is making sure that every patient who has a need will be able to go to a dispensary in 2016,” he said.

Other supporters include the Epilepsy Foundation of Hawaii, Hawaii Farmers Union United and the Community Alliance on Prisons.

However, multiple law enforcement agencies and the Honolulu prosecuting attorney’s office wrote testimony opposing the bill.

The Hawaii Police Department submitted testimony opposing the bill April 6. According to the document, officials offered multiple suggestions including a request that there be no more than one dispensary license per county, covering production, manufacture and sale of medical marijuana under a single license.

The testimony also suggests there should be a Hawaii residency requirement for license holders, that all dispensary license holders have an established licensed health care provider status within the state, and license holders should have the demonstrated ability to conduct chemical and pharmaceutical analysis of any and all medical marijuana produced and sold by a dispensary to determine the chemical levels of tetrahydrocannabinol, or THC.

“If a proposed dispensary program does not meet these basic standards for security and regulation and address them with the specific provisions listed above, it will (be) impossible for the law enforcement community to monitor and enforce laws relating to a dispensary system and the system will be at great risk to rapidly get out of control.”

Green said legislators have been taking such suggestions into consideration, and added that’s why they plan to start small and include rules regarding advertisement and location of dispensaries. As the bill is written, no medical marijuana dispensary is allowed within 750 feet of a playground, public housing project or school, for instance.

The Committee on Judiciary and Labor and the Committee on Ways and Means will review HB321 and others today during its 9:55 a.m. meeting in conference room 211 at the Hawaii State Capitol.

If the bill is passed it will go into conferences later this month.

Email Megan Moseley at mmoseley@westhawaiitoday.com.