Law says they can open as soon as July 15. But will the state’s medical marijuana patients actually see dispensaries by then?
Law says they can open as soon as July 15. But will the state’s medical marijuana patients actually see dispensaries by then?
Some in the industry don’t think so.
Earlier this week, the state Department of Health said selections for Hawaii’s first medical cannabis dispensary licenses will happen by April 29, about two weeks later than initially planned. That would leave a two-and-a-half month window for those selected to get businesses up and running by mid-July, which industry proponents, such as Andrea Tischler, chairwoman of the Big Island chapter of Americans for Safe Access, say isn’t enough time.
“I doubt, seriously, whether we’re going to see dispensaries this year,” Tischler said. “… Who would want to put $3 million into a building that has lights and everything when they don’t know they’re going to be selected? It’s kind of preposterous to do that … My strong belief … is the earliest we’ll see a dispensary is at the end of the year.”
The grow process, Tischler said, would be rushed, under the current time frame. Cultivating cannabis from clones — cuttings from mature “mother” plants — can take between three months to a half-year, depending on whether plants are grown under artificial lights — a shorter grow period — or natural sunlight, Tischler said. Growing from seeds would take even longer.
And there’s another problem. Current law is mum on how dispensaries can actually get those first seeds or plants. It’s illegal to transport marijuana, which is classified as a Schedule 1 drug, from the mainland. Licensees could theoretically accept donations from patients or caregivers that already have plants, but whether that will happen, remains up in the air.
“The availability of 3,000 plants is out there,” said Christopher Garth, executive director of Honolulu-based Hawaii Dispensary Alliance, adding the state seems to be “turning a blind eye” to the matter. “Are there caregivers and patients willing to donate? I don’t know.”
Securing facilities takes time, too, Garth said. For example, production centers — facilities where cannabis is grown — need to be expansive: Each must house up to 3,000 plants, the maximum current law allows.
“I agree (the end of the calendar year) is a pretty realistic time frame,” Garth said. “Anyone who wanted to get operations (going by July 15) would be up against some pretty tight deadlines to see anything signed for real estate, or to build a physical structure, let alone four structures.”
The Tribune-Herald spoke with Denim Cretton, a Big Island dispensary applicant, earlier this month who said his group outlined in their application a more “realistic” opening date — sometime later in the summer.
Once grown, all marijuana by law must be tested in a state-approved laboratory for microbials, among other contaminants. Some worry testing may cause problems, should a lab not open on a given island, and would need to be transported.
As of Friday, the DOH had not received any applications for lab certifications but spokeswoman Janice Okubo said the department has received “a number of inquiries.”
Lawmakers are considering House Bill 2707 which, as originally written, would allow interisland transport of product for testing, when a lab is not available on the dispensary island. The measure is currently in conference.
House Bill 2707 would also provide a form of state tax relief to dispensaries, one of several bills pitched this session aimed at keeping cannabis prices at bay. Current law also does not set price controls and some worry high demand — coupled with costly start-up requirements and a capped number of dispensaries initially — will result in prices few patients can afford.
Rep. Joy San Buenaventura, D-Puna said Friday lawmakers will monitor prices and continue tweaking law to make it more “patient friendly” if needed — but want to see dispensaries up and running first.
“I think people should expect at first, like any other industry that first starts — because of the initial capitalization — it’s going to be pricier than what they’d get on the black market,” she said.
Once open, dispensaries will, for the first time since medical marijuana was legalized in Hawaii in 2000, give patients a way to legally buy medicine. Historically, patients have had to grow it themselves or get it from a caregiver. When dispensaries open, patients can still legally grow, however the caregiver program is set to be phased out by 2018 unless a patient is a minor, an adult lacking legal capacity or lives on an island without a dispensary.
The DOH continues to approve new patients daily. Stats show the program included 13,620 patients at the end of March, up from 11,727 in August.
Email Kirsten Johnson at kjohnson@hawaiitribune-herald.com
Current Hawaii Administrative Rules
How many dispensaries can open?
Law allows each licensee to open two retail dispensing locations and two production centers. Statewide, that means there will be 16 places for patients to purchase medical marijuana including four on the Big Island (two licenses). Any patient can purchase from any dispensary in the state.
When will more dispensaries open?
Starting Oct. 1, 2017, the DOH can issue more dispensary licenses “based on qualifying patient need.” Only one license can be issued per 500 patients who live in a county.
Additional restrictions:
– Dispensaries can’t be located within 750 feet of a playground, public housing project or school.
– They must be closed on Sundays and official state and federal holidays, though lawmakers are considering legislation which would allow them to remain open on Sundays. Hours of operation would be capped 8 a.m. to 8 p.m.
– All dispensary buildings must have 24-hour video surveillance security systems, locked entry points to screen individuals for entry into the facility and alarm systems.
– Dispensaries can sell to each patient, up to four ounces of marijuana every 15 days, or eight ounces every 30 days.
– Products can’t contain any more than 10 milligrams of THC for a single dose.
– Packages must be labeled with various warnings such as “This product has intoxicating effects and may be habit forming,” “There may be health risks associated with consumption of this product” and “This product may be unlawful outside the state of Hawaii and is unlawful to possess or use under federal law.”
– Dispensaries cannot advertise in any sort of media including radio, television, social media, newspapers, magazines or billboards.