Tag: hawaii

Advocates In Hawaii Pull Support For Medical Marijuana Expansion Bill Due To Changes By Conference Committee

Lawmakers in Hawaii have agreed on medical marijuana legislation that would, among other changes, allow healthcare providers to recommend cannabis to treat any condition they believe it would benefit.

But the latest version of the bill, HB 302—approved Friday by a conference committee consisting of members of both legislative chambers—offers a narrower path to medical marijuana for patients with conditions not already listed in the program. For those patients, a recommendation would need to come from their “primary treating medical provider” rather than a provider who specializes in cannabis.

“It is making changes to the medical medical cannabis law by expanding access,” Rep. Gregg Takayama (D) said at the committee hearing, “by allowing treating physicians and nurses to go beyond the specified medical conditions if they feel it’s appropriate.”

After briefly describing the bill, Takayama quipped: “I’ve been waiting all session to say this has been a tremendous joint effort.”

Advocates, however, say the change mandating that only “primary treating medical providers” could recommend marijuana—combined with others made in the conference committee that would establish a new felony charge for unlicensed dispensary operation and give the state Department of Health sweeping authority to review patients’ medical records—has led them to reconsider their stance on the bill.

The group Marijuana Policy Project (MPP), for example, now opposes HB 302 after previously submitting testimony in support of earlier versions. Karen O’Keefe, director of state policies for MPP, noted that data suggest that only a small subset of Hawaii doctors are currently willing to recommend cannabis.

Keep reading

Hawaii Senate Passes Bill To Let Doctors Recommend Medical Marijuana For Any Condition They See Fit

Senators in Hawaii on Wednesday gave approval to a medical marijuana bill that would, among other changes, allow healthcare providers to recommend cannabis to treat any condition they believe it would benefit.

The full Senate chamber voted 24–1 to approve HB 302, from Rep. Gregg Takayama (D).

As introduced, the proposal would clarify that under state law, a medical marijuana recommendation would no longer need to be made by a doctor who had conducted “an initial in-person consultation” with a patient.

Last month, however, a pair of Senate committees amended the bill to effectively allow medical marijuana to be recommended for any condition that a doctor or advanced practice registered nurse (APRN) believes it would benefit. Currently providers can recommend marijuana to treat only those maladies on a specific state list.

The provision would redefine “debilitating medical condition” to mean “any condition determined by the certifying physician or advanced practice registered nurse to be appropriate for the medical use of cannabis.”

That would open the door to wider access for patients who might have conditions that stand to benefit from medical marijuana but whose ailments haven’t been specifically recognized by state officials.

Senate lawmakers did not discuss the bill ahead of Tuesday’s vote. The lone no vote came from Sen. Brenton Awa (R).

Keep reading

Hawaii Governor Signs Bill Creating Expungement Task Force That’s Expected To Consider Marijuana Conviction Relief

Hawaii’s governor has signed into law a bill to create a task force charged with crafting legislation that would expunge certain criminal records, likely including some past marijuana arrests and convictions.

Gov. Josh Green (D) signed the so-called Clean Slate Expungement Task Force bill on Tuesday, a day before a signature deadline for measures passed this session by lawmakers. The legislation does not explicitly mention cannabis, but marijuana-related offenses are widely expected to be included in the task force’s discussions, and organizations named as members of the new body have focused significantly on cannabis this session.

Reform advocates welcomed the news, saying that removing blemishes from peoples’ criminal records would help remove barriers to housing, education and employment.

“I believe in redemption. I believe in second chances,” Rep. David Tarnas (D), the bill sponsor, said at a press conference alongside the governor on Tuesday. “And in Hawaii, we have a system for record clearance and expungement, which is very challenging. There are tens of thousands of individuals who qualify to have their records expunged, and yet it is so difficult to do that. Very few people do it.”

The new law will “bring together people in a task force to figure out what is the best way for us to have a comprehensive framework for all clemency efforts in the state, including pardons, expungement and record sealing, so that we make it more accessible to people.”

Carrie Ann Shirota, policy director for ACLU of Hawai’i, told Marijuana Moment that the group strongly supports Clean Slate laws that expand expungement and record-sealing through the use of technology.

“SB 2706 creates an Expungement Task Force that brings us one step closer to ensuring that all people have access to opportunity,” she said. “Having a record should not be a barrier to helping individuals provide for themselves and their families, nor should it be a life sentence to poverty. At its heart, Clean Slate is about a shot at redemption and facilitating workforce development.”

Research shows that a year after record clearance, people are more likely to be employed and earn higher wages, Shirota added.

The new body will include state officials—including the attorney general, chief justice, public defender and some prosecutors—as well as representatives from various advocacy groups, including ACLU, the Last Prisoner Project (LPP), the Hawaii Innocence Project and others.

In a statement to Marijuana Moment, LPP said it’s “honored to be part of the expungement task force to ensure all Hawaiians with cannabis charges have their records expunged.”

“Our appointment to the Clean Slate task force will help ensure the state-initiated cannabis expungement bill signed by Governor Green is implemented with fidelity,” said LPP Policy Manager Adrian Rocha, “and can serve as the foundation for broader record relief moving forward.”

Keep reading

Medical Marijuana Is The Leading Cause Of Rejected Gun Permits In Hawaii, New Report From AG’s Office Shows

Of the roughly 500 firearm permit applications denied by officials in Hawaii last year, more than 40 percent were rejected because of applicants’ status as medical marijuana patients, according to new data from the state attorney general’s office.

Across Hawaii, state-legal cannabis use was the leading cause of gun permits being denied (40.7 percent), with mental health issues responsible for about a quarter of rejections and domestic violence disqualifying about 7 percent.

That said, a relatively small portion of firearm registrations were rejected by law enforcement last year. Of 23,528 applications processed during 2023, only 519—about 2.2 percent—were denied.

Of the rejected applications, 211 resulted from medical marijuana. Those denials included not only patients currently enrolled in the state program but also former patients. As the AG report notes, “police departments allow former patients to apply for firearms no less than one year after the expiration of their medical marijuana card.”

Under federal law, being an “unlawful user” of a controlled substance, including marijuana, means a person cannot legally buy or possess a gun.

Notably, the report showed that rejection rates varied significantly by region. In Kauai County, for instance, just 0.2 percent of applications were denied in 2023, compared to about 6.9 percent in Hawaii County, which comprises the Big Island.

Of 332 denials in Hawaii County last year, 191—about 57.5 percent—were due primarily to medical marijuana.

Keep reading

Hawaii liquor commissioner, 54, is forced to resign ‘after using her ID to drunkenly barge her way into nightclub before threatening to close it down after staff refused to serve her more booze’

A liquor commissioner has resigned in disgrace after drunkenly flashing her badge to get into a nightclub and threatening to shut it down.

Lisa Martin, vice-chairwoman of the Honolulu Liquor Commission, stepped down on Monday after bar staff called police when she refused to leave.

The 54-year-old arrived at Playbar Nightclub in Waikiki in the early hours of Saturday morning and used her badge to get her and a friend inside.

Bar staff quickly decided they were too drunk and confronted them, but Martin allegedly tried to use her position to intimidate them.

‘[Martin said] she will close the bar down because she can do anything she wants with the badge. She threatened to close down the bay, and I would lose my job,’ an employee told police in a report obtained by Hawaii News.

Staff took a photo of her official ID and she snapped shots of their liquor commission cards, and still refused to leave so they called police.

‘I smelled a strong odor of alcohol coming from (her)… I told her she’s not supposed to do her job drunk,’ the responding officer wrote in the report.

Martin finally left with her friend after police arrived. The report was compiled as a record of the incident and Martin was not charged with a crime.

Liquor commissioners are not supposed to inspect venues or do any other kind of field work, which is done by professional inspectors.

Martin was quickly forced to quit and Mayor Rick Blangiardi accepted her resignation letter.

‘I appreciate the opportunity to speak with you and Managing Director [Mike] Formby today regarding my sincere desire to continue serving,’ it read.

Keep reading

Hawaii is only U.S. state not covered by NATO defense agreement

Sweden became the newest member of NATO earlier this month, joining 31 nations in the security alliance, including the United States.

Well, make that 49 of the 50 United States.

Because, in a quirk of geography and history, Hawaii is not technically covered by the NATO pact.

If a foreign power attacked Hawaii — say the U.S. Navy’s base at Pearl Harbor or the headquarters of the Indo-Pacific Command northwest of Honolulu — the members of the North Atlantic Treaty Organization would not be obligated to rise to the Aloha State’s defense.

“It’s the weirdest thing,” says David Santoro, president of the Pacific Forum think tank in Honolulu, who added that even most Hawaii residents have no idea their state is technically adrift of the alliance.

“People tend to assume Hawaii is part of the U.S. and therefore it’s covered by NATO,” he says.

But, he concedes, the tip-off is in the alliance’s name – North Atlantic Treaty Organization.

Hawaii is, of course, in the Pacific and, unlike California, Colorado or Alaska, the 50th state is not part of the continental U.S. that reaches the North Atlantic Ocean on its eastern shores.

“The argument for not including Hawaii is simply that it’s not part of North America,” Santoro says.

The exception is spelled out in the Washington Treaty, the document that established NATO in 1949, a decade before Hawaii became a state.

While Article 5 of the treaty provides for collective self-defense in the event of a military attack on any member state, Article 6 limits the geographic scope of that.

“An armed attack on one or more of the Parties is deemed to include an armed attack on the territory of any of the Parties in Europe or North America,” Article 6 says. It also says any island territories must be in the North Atlantic, north of the Tropic of Cancer.

A U.S. State Department spokesperson confirmed that Hawaii is not covered by Article 5 but said Article 4 — which says members will consult when “the territorial integrity, political independence or security” of any member is threatened — should cover any situation that could affect the 50th state.

The spokesperson also said any treaty amendment to include Hawaii would be unlikely to gain consensus because other members have territories outside of the boundaries set in Article 5.

For instance, NATO did not join founding member the United Kingdom’s 1982 war with Argentina after Argentine troops invaded the Falkland Islands, a disputed British territory in the South Atlantic.

NATO has not responded to a CNN request for comment.

Keep reading

Hawaii Lawmakers Advance Bill To Expand State’s Marijuana Decriminalization Law As Broader Legalization Hangs In The Balance

As a bill to legalize marijuana in Hawaii hangs in the balance in the state legislature, a House committee has amended and advanced separate legislation on Thursday that would expand the state’s current decriminalization of cannabis by increasing amounts of the substance for which people would not face the threat of jail time and reducing certain financial penalties.

After adopting a handful amendments to the underlying measure, SB 2487, members of the Judiciary and Hawaiian Affairs (JHA) Committee voted 7–2 to recommend that the proposal be passed.

In its current form, the bill, sponsored by Sen. Joy San Buenaventura (D), would specify that possession of an ounce of marijuana or less would be subject to a $25 civil fine. Under existing law in Hawaii, possession of up to three grams carries a $130 fine.

In some cases, individuals could perform community service instead of paying a financial penalty under the new legislation.

Between one and two ounces of cannabis, meanwhile, would be punishable as a petty misdemeanor—up to 30 days in jail and a $1,000 fine. Currently that range is between three grams and an ounce, with anything between one ounce and one pound carrying a misdemeanor penalty of up to a year of incarceration and a $2,000 fine.

The bill would also create a new violation for smoking marijuana in a public area, which would carry a $130 fee with the possibility of community service.

“This is important,” Rep. David Tarnas (D), the JHA Committee chair, said of the public consumption change before the panel’s vote. “This is a significant step to deal with an issue that we heard coming up in the bill considered about legalizing cannabis use.”

Keep reading

Maui Fire Victims’ Families Offered Up to $1.5 million in Compensation if They Don’t Sue State Agencies

Over 6 months ago, a devastating wildfire swept through the Maui island town of Lahaina in Hawaii and incinerated much of the surrounding region.

Legal Insurrection readers may recall that a state water official delayed the release of water that landowners wanted to help protect their property from fires because water is to be revered and not used. Additionally, Hawaiian green energy mandates may have led Hawaiian Electric to divert fiscal resources away from fire-prevention practices.

There was also a delayed evacuation order.

A detailed timeline of events describes a series of calls to emergency dispatchers, reporting a fast-spreading fire at 2:55 p.m. Officers soon began evacuating neighboring areas, the report said.

But it does not explore the county’s delay before issuing a broader evacuation alert. The county made a decision not to use its all-hazards siren system and waited until 4:16 p.m. to send a cellphone evacuation alert. That alert was targeted at residential neighborhoods above the Honoapiʻilani Highway.

Fire had already consumed much of the area targeted for evacuation. At the exact time the evacuation alerts were going out, the new timeline shows, officers were reporting that the fire had spread all the way down to the highway and was jumping the road — toward waterfront areas that never received an evacuation alert.

Now, the relatives of fire victims could receive over $1 million in compensation…as long as they choose not to sue state agencies and companies involved.

Keep reading

Hawaii Governor Says Legalizing Marijuana Can ‘Blunt’ Negative Effects Of Other ‘Horrible’ Drugs

Hawaii Gov. Josh Green (D) spoke about the state’s path to marijuana legalization this legislative session during an interview this week, calling the policy change a “big social issue that remains” to be addressed in the state and saying he’d likely sign a bill to end cannabis prohibition if one is sent to him by lawmakers.

But Green also said the change “is a little more complicated because the feds have not changed the way they schedule marijuana yet, which is really wacko.”

The governor also pushed back against opponents’ fears that legal cannabis would cause public health problems in the state, saying it could actually bring some benefits.

“I don’t think the sky would fall, honestly, if marijuana were legalized,” Green told Hawaii News Now in an interview that aired on Tuesday, adding: “I also have some thoughts that marijuana might blunt the effect, if you will, of people on these heavy drugs, these horrible drugs.”

Though Hawaii has among the lowest drug overdose death rates in the country, according to Centers for Disease Control and Prevention (CDC) data, 269 people died of drug overdoses in the state in 2021, the most recent year for which data is available.

Cannabis, by contrast, “is a relative sedative,” the governor said.

“People are far less violent. They are much hungrier, but they—aside from the snacking and stealing Cheetos—will probably do less harm,” he quipped.

Legalization advocates struggled under former Democratic Gov. Dave Ige, who resisted the reform in part because he said he was reluctant to pass something that conflicts with federal law. But since Green took office, activists have felt more emboldened. He’s said since 2022 that he’d sign a legalization bill.

Keep reading

New Hawaii Bill Would Create A Limited Therapeutic Psilocybin Program To Treat Certain Mental Health Conditions

Newly introduced legislation in Hawaii would create explicit legal protections around the therapeutic use of psilocybin, with eligible patients able to possess and consume the psychedelic under a trained facilitator’s care.

The measure is the result of a task force on breakthrough therapies that was formed last year to explore the issue, its sponsor, Sen. Chris Lee (D), told Marijuana Moment.

SB 3019 would not legalize psilocybin itself but would instead create an affirmative defense for qualified patients and their caregivers, effectively exempting them from state laws against psilocybin. A companion bill in the House, HB 2630, is sponsored by Rep. Della Au Belatti (D) and 13 others.

“There’s a lot of use cases where these kinds of things can really help improve quality of life, and significantly, at minimal cost compared to other kinds of alternative treatment,” Lee said of psychedelics like psilocybin and MDMA, both of which have been designated by the federal Food and Drug Administration (FDA) as breakthrough therapies.

In Hawaii in particular, he noted, there are large numbers of veterans with post-traumatic stress disorder (PTSD) and other behavioral health ailments, as well as older people seeking end-of-life care—groups that might benefit from facilitated psilocybin use.

Under the new legislation, mental health professionals would need to identify a person as having at least one of several listed eligible medical conditions, then write a recommendation for therapeutic psilocybin. Patients would be allowed no more than five grams of psilocybin per session and would need to complete a preparation session prior to the drug being administered.

Eligible conditions for treatment with psilocybin would include post-traumatic stress disorder (PTSD); treatment-resistant depression or major depressive disorder; end-of-life anxiety, existential stress and demoralization; eating disorders such as anorexia and bulimia, substance use disorders and obsessive compulsive disorder (OCD). Additional qualifying conditions could be added by the state Department of Health in response to requests from patients or mental health professionals.

Keep reading