Pubdate: Thu, 18 Feb 2016
Source: Honolulu Star-Advertiser (HI)
Copyright: 2016 Star Advertiser
Contact: 
http://www.staradvertiser.com/info/Star-Advertiser_Letter_to_the_Editor.html
Website: http://www.staradvertiser.com/
Details: http://www.mapinc.org/media/5154
Author: Scott Foster
Note: Scott Foster is the longtime volunteer communications director 
for Hawaii Advocates for Consumer Rights. He worked with the Drug 
Policy Forum of Hawaii to pass the state's medical marijuana law in 2000.

POT DISPENSARY PERMIT PROCESS NEEDS TO BE REOPENED

Several bills now moving through the Legislature seek to amend the 
medical marijuana law and the Department of Health's (DOH) interim 
administrative rules: House Bill 2707, an omnibus bill; HB 1808 on 
greenhouses; HB 2708 on background checks; Senate Bill 2176 on 
oversight committees; SB 2581, another omnibus bill; SB 2175 to add 
one license and regarding felonies; and SB 2581 on growing opportunities.

Some provisions would laudably remove restrictions on the use of 
greenhouses, shade houses or field growing - as long as they are 
enclosed by fencing, blocked from public view and have adequate 
security measures. Others would wisely modify criminal background 
checks for patients and caregivers and decriminalize marijuana from 
Felony B and C categories.

While many of the proposed changes would be reasonable and beneficial 
to Hawaii's fledgling medical marijuana industry, the problem is that 
they come after the dispensary application deadline - and any 
modification to current law will be a "bait and switch" of the 
provisions governing this new industry and could only benefit the 
eight "winning" licensees who have already submitted applications.

The equitable way to handle the entire process is to reopen the 
application period before the April 15 permits-awarding date - and 
extend the application deadline until after the legislative session, 
May 5. This would afford changes in current legislation that become 
effective upon passage to be fairly applied to all - both current and 
any new dispensary applicants.

It would allow current applicants to amend their applications 
according to new legislative provisions, and allow others to apply 
under whatever new laws and rules emerge. This would level the 
playing field for all concerned.

Further, reopening the application period would give the DOH the time 
it needs to hone its medical marijuana card-issuing skills, expedite 
the process for patients, and assemble a fair and adequate 
application review panel.

Which leads us to the most controversial matter at hand: the 
applicant selection process - or lack thereof.

On Oct. 22, 2015, a joint House and Senate Health Committee 
informational briefing took place "to discuss best practices and 
identify areas of further policy development related to medical 
marijuana dispensaries." There were three invited mainland witnesses 
attending, all professionals in the field who have advised numerous 
established mainland dispensary programs.

Robert Morgan, former project coordinator for the Illinois Medical 
Cannabis Pilot Program, warned the joint committee that unless a 
"blind" selection process was utilized, "there will be lawsuits." 
While several key legislators nodded their heads, seemingly in 
agreement, Morgan's advice has not been heeded.

This is not rocket science. First, there must be a "blind" process 
utilized to qualify all of the dispensary applicants. Then, a lottery 
should be held in full public view with someone drawing the eight 
"winners" out of the proverbial hat. This process would ensure that 
insider favoritism does not play a role in the selection of the eight awardees.

Hawaii's medical marijuana program has come a long way since I helped 
work to see the original bill passed in 2000, and it deserves better 
treatment. This is not the time for anyone to be making uninformed 
decisions on matters with which they have no experience or expertise.

The only logical way to proceed is to reopen the application period 
and to insist that the DOH utilize this time to revisit the entire 
program, rules and all.

To do otherwise is folly.
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MAP posted-by: Jay Bergstrom