Pubdate: Tue, 15 Sep 2009
Source: Maui News, The (HI)
Copyright: 2009 The Maui News
Contact:  http://www.mauinews.com/
Details: http://www.mapinc.org/media/2259
Author: Derrick DePledge
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)

GOVERNOR HAS NO PLAN FOR A TASK FORCE ON MARIJUANA

Lawmakers Say She Is Defying The Intent Of The Legislature

The Lingle administration has chosen not to convene a medical 
marijuana task force that was opposed by Gov. Linda Lingle, a 
decision two state lawmakers believe ignores the intent of the state 
Legislature.

The administration at first cited fiscal limitations and then 
priorities at the state Department of Public Safety as reasons for 
not going forward this year with a task force established by state law.

State Sen. Will Espero, D-20th (Ewa Beach, Waipahu), and state Rep. 
Joe Bertram III, D-11th (Makena, Wailea, Kihei), believe the 
administration has disregarded a law the governor was against.

Hawaii is one of 13 states that allow medical marijuana, but patients 
and their primary caregivers have to grow their own supply or 
purchase the drug in the criminal market. Lawmakers believe a medical 
marijuana task force is necessary to study the obstacles patients 
encounter when trying to obtain the drug to ease cancer, glaucoma, 
HIV/AIDS, chronic pain, severe nausea and seizures.

Lingle vetoed the bill that created the medical marijuana task force 
and a second task force to study whether the state should regulate 
salvia divinorum, a psychedelic herb. The governor said the state 
should not recommend ways to increase marijuana use or production 
until federal law, which prohibits marijuana, is changed. She said 
salvia divinorum could be added to the state's list of controlled 
substances without having a task force.

The governor also said the task forces would redirect manpower and 
resources from the Department of Public Safety. The department would 
be required to submit reports on medical marijuana and salvia 
divinorum to the Legislature before the next session in January.

But the state House and Senate overrode Lingle's veto, so the bill became law.

Lingle has previously opposed the expansion of the state's medical 
marijuana program, citing the conflict between state and federal laws.

Under the Bush administration, the U.S. Department of Justice policy 
was to actively prosecute marijuana distributors even in states that 
had legalized marijuana for medical use. In March, new U.S. Attorney 
General Eric Holder announced that the federal government would not 
target medical marijuana patients or distributors who were following 
state laws.

"It's just unfortunate, at this stage, that the governor has decided 
to ignore the law," Espero said, adding that the governor is making a 
policy decision, not a budget decision.

"In this case, that's what it appears like, because there was no 
appropriation attached to the bill," he said. "And in the 
Legislature's opinion, it's not going to take a whole lot of money to 
convene this task force and get the stakeholders engaged."

Lingle has clear discretion under state law to restrict spending 
approved by the Legislature in order to manage the state's budget. 
The governor, for example, said this summer that she would not 
release money for Keiki Care, a basic children's health care program, 
even though lawmakers overrode her veto of the bill. The governor 
explained that the state did not have the money for the program 
because of the budget deficit.

In August, Linda Smith, Lingle's senior policy adviser, informed a 
West Oahu AIDS activist interested in serving on the medical 
marijuana task force that the task force would not be formed because 
of "current fiscal limitations."

This month, Smith said in an e-mail to Espero that the task force 
would not be convened but did not cite a reason.

Russell Pang, a Lingle spokesman, said Friday that the administration 
was prioritizing its limited resources. The Department of Public 
Safety is in the process of closing Kulani Correctional Facility on 
the Big Island, reintegrating women inmates brought home from the 
Mainland, and identifying potential layoffs and spending restrictions 
because of the deficit.

"We are making a priority decision," Pang said of the medical 
marijuana task force.

The Legislative Reference Bureau has completed a report, also 
required by the new law, on how other states that have legalized 
medical marijuana have handled access, distribution and security issues.

The bureau found that only three states - California, New Mexico and 
Rhode Island - have policies and procedures to address these issues. 
California allows cooperatives and collectives, regulated by local 
government, to cultivate medical marijuana. New Mexico licenses 
private nonprofit medical marijuana distributors, but only one 
nonprofit has been licensed so far.

Rhode Island agreed this summer to license private nonprofit 
distributors at so-called "compassion centers."

Espero and Bertram said they plan to form a working group that would 
carry out the intent of the medical marijuana task force.

"These people have been waiting since 2000 to get their medicine. And 
they've faced so much," Bertram, who uses marijuana for medical 
purposes, said of many patients. "It's absurd to say 'just go to the 
back of the line.' "
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MAP posted-by: Jay Bergstrom