On the heels of signaling a possible veto of a bill meant to expand access to medical marijuana in Hawaii, Gov. Josh Green (D) instead signed the measure into law over the weekend, regardless of a provision he recently described as “a grave violation of privacy.”
HB 302 will make two main reforms around patient access. First, it allows a patient’s primary treating medical provider to recommend marijuana for any malady they see fit, regardless of whether it’s a specified qualifying condition in Hawaii. It also allows patients to receive medical cannabis recommendations through telehealth visits rather than having to establish an in-person relationship with a provider.
Before lawmakers sent the bill to Green, a conference committee revised the plan, inserting a provision to allow the state Department of Health to access medical marijuana patient records held by doctors for any reason whatsoever.
The revised bill authorizes the Department of Health to “inspect a qualifying patient’s medical records held by the physician, advanced practice registered nurse, or hospice provider who issued a written certification for the qualifying patient.” Providers who don’t comply with a department request for a patient’s records could see their ability to issue medical cannabis revoked.
Advocates initially supported HB 302 as a means to expand access to patients with conditions beyond those specified under state law. But many withdrew support following the conference committee’s changes.
An additional provision establishes a new Class C felony for unlicensed operation of a dispensary, adding another major charge on top of the state’s existing laws against illegal distribution of marijuana.
In early June, Green himself put the cannabis measure on a list of bills he intended to veto—an indication, though not a commitment, that he was leaning towards rejecting it.
“Although this bill’s authorization of medical cannabis certifications via telehealth expands access to medical cannabis,” his office wrote at the time, “provisions authorizing the inspection of patients’ medical records without warrant constitute a grave violation of privacy.”
Hellbound and Down 