Pubdate: Mon, 22 Feb 2016
Source: Hawaii Tribune Herald (Hilo, HI)
Copyright: 2016 Hawaii Tribune Herald
Contact: http://www.hawaiitribune-herald.com/share/letters/
Website: http://www.hawaiitribune-herald.com/
Details: http://www.mapinc.org/media/185
Author: Kirsten Johnson

STATE MEDICAL MARIJUANA BILLS SPARK DEBATE

Police Question Outdoor Growing, Reduced Penalties

Several bills being considered by the state Legislature aim to make 
things easier for people in the state's medical marijuana program, 
but Big Island police have a few concerns.

Senate Bill 2523, introduced by Puna Democrat Sen. Russell Ruderman, 
as originally written would allow open-air growing operations, 
greenhouses and shade houses to serve as medical marijuana production 
centers - so long as operations aren't visible to the outside.

The idea, Ruderman said, is for plants to grow under natural sunlight 
"as they've evolved to do," rather than indoors under artificial 
lamps. The bill was amended Thursday to nix openair growing, and 
would now take effect starting in 2017, rather than this year.

Last year, lawmakers passed a bill to establish the first system of 
medical marijuana dispensaries in Hawaii. Under the law, the 
Department of Health can award up to eight dispensary licenses - up 
to two production centers and two retail dispensing sites per 
location. The department received 66 applications for licenses last 
month, and will announce selections April 15.

The Big Island was awarded two licenses. Those selected can start 
operating July 15.

Currently, the statute mandates all dispensary facilities - both 
production centers and retail dispensing locations - must be enclosed 
and indoors. Ruderman believes that's too restrictive. He said 
evidence shows marijuana plants grow differently under artificial 
lights. Indoor growing also would increase operating costs, he said, 
which could further drive prices up for the patient.

"Plants should be grown in sunlight, especially in the state which 
has the most," he said.

Local police, however, worry grow operations that aren't indoors 
could be an issue for people in close proximity. The original 
dispensary law did not give counties jurisdiction over where centers 
could be located, said Maj. Samuel Thomas, and cannabis has "a 
pungent odor" even if it's technically out of sight.

"Those types of phone calls make their way to police and we'd really 
be limited in what we could do in that situation," he said.

Another measure, House Bill 1829 introduced by Maui Democrat Joseph 
Souki, would repeal penalties pertaining to certain medical marijuana 
prohibitions, and amend certain penalties to make them more on par 
with alcohol prohibitions. The bill would change the penalty for 
fraudulently obtaining medical marijuana from a class C felony to a 
petty misdemeanor. It would similarly lower the offense - from a 
class C felony to a misdemeanor - for someone who knowingly 
distributes medical cannabis to a non-patient minor. The bill passed 
its second reading this week.

"We're trying to treat (medical marijuana) more like prescription 
drugs," said Rep. Karl Rhoads, an Oahu Democrat who co-signed the bill.

Thomas worries the bill - among other "sidebar" marijuana bills - are 
more about "a movement toward legalization" rather than providing 
access to patients, he said, as was first argued by proponents of 
establishing a dispensary system.

"Marijuana carries with it, a bunch of precautions that need to be 
taken into account," he said. "People that use marijuana are 
ingesting a drug that has hallucinogenic effects. So we need to be 
very cautious about opening those flood gates."

Two other medical marijuana-related bills advanced last week:

Senate Bill 2176, introduced by Oahu Democrat Sen. Will Espero, would 
establish a medical marijuana oversight commission within the 
Department of Health. The commission would evaluate areas such as the 
effectiveness of registered dispensaries in meeting the needs of 
patients and caregivers, sufficiency of regulatory safeguards and its 
program's overall usefulness. The bill passed a second reading with 
amendments Wednesday.

Senate Bill 2384, introduced by Maui Democrat Rosalyn Baker, also 
passed a second reading Wednesday. It would require the state's 
Department of Health to conduct unannounced visits and re-licensing 
inspections of facilities including dispensaries. Thomas applauded 
that measure.

"From a law enforcement perspective, that's probably a very good idea 
to ensure they're following all the rules and regulations," he said.
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MAP posted-by: Jay Bergstrom