Tag: hawaii

Hawaii Governor Signs Bill Expanding Medical Marijuana Caregiver Rights

Hawaii’s governor has signed into law a bill to expand the rights of medical marijuana caregivers, allowing them to grow cannabis on behalf of up to five qualified patients rather than the current one, among other changes.

Gov. Josh Green (D) formally signed SB 1429 into law earlier this month. The purpose of the legislation, according to its introductory section, is to “maintain and clarify the multiple options currently available for qualifying patients to access a safe and legal supply of medical cannabis,” including from primary caregivers.

In addition to increasing the limit on how many patients a caregiver can cultivate cannabis for, the new law also extends a state allowance for caregivers to cultivate marijuana for patients in the first place—a right that technically expired at the beginning of this year after lawmakers failed to amend a sunset date in prior legislation.

The governor signed an executive order in late December that has since protected caregivers from “undue enforcement” as the legislature worked to hammer out the policy fix.

Only 55 percent of patients in a 2022 survey said they exclusively obtained medical marijuana at licensed dispensaries, the newly enacted measure notes. “This means that up to forty-five per cent of patients obtain their cannabis for medical use from other sources, including cultivation.”

Patients, it continues, “should continue to have multiple options for obtaining medical cannabis, including having a primary caregiver grow an adequate supply of cannabis for medical use on their behalf.”

Violations of the new caregiver law would be subject to a fine of “not more than $5,000 for each separate violation,” which would be imposed by the state Department of Health.

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Hawaii Sues Oil Companies Over Climate Change – Exempts One Refinery That Donates to Democrats

The blue state of Hawaii is suing oil companies over climate change, but for some strange reason they have exempted one refinery that has executives who give a lot of cash to Democrats. What an odd coincidence.

The entire conversation about climate change should have ended the instant that leftists began targeting Teslas and Tesla dealerships over DOGE. It proved that the left doesn’t really care about this issue, they just want what they want.

The lawyers for the oil companies will surely point this out, if they’re smart.

The Washington Free Beacon reports:

Hawaii Sues Oil Industry for Causing Climate Change—But Spares State’s Largest Refiner Whose Executives Donate to Dems

The State of Hawaii filed a major lawsuit against a dozen major oil companies and the nation’s largest oil industry group, accusing them of marketing and selling products that have caused higher temperatures, increased sea levels, more frequent flooding, coastal erosion, and more intense heat waves.

But Hawaii’s sprawling complaint—which prosecutors hope will force oil industry defendants to pay hundreds of millions of dollars in damages—excluded Houston-based Par Pacific and its subsidiary Par Hawaii, the oil company that operates Hawaii’s sole petroleum refinery and remains the state’s leading supplier of gasoline and jet fuel. That means prosecutors spared a company that is likely the single largest driver of the emissions in the state.

The complaint makes just one reference to Par’s Hawaii refinery, chastising ExxonMobil for supplying crude oil to the facility that is then ‘refined on Hawaii and distributed to consumers.’ In addition to ExxonMobil and the American Petroleum Institute, BP, Chevron, Shell, Equilon Enterprises, Sunoco, Aloha Petroleum, ConocoPhillips, Phillips 66, Woodside Energy Hawaii, BHP Hawaii are all listed as defendants.

Could it be any more obvious what’s happening here?

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Hawaii Bill To Support Psychedelic Therapy—Passed By Both Senate And House—Is Dead For The Session

A Hawaii bill to support research into psychedelic-assisted therapies that had passed both chambers of the legislature in different forms missed a legislative deadline and is now dead for the session, its sponsor tells Marijuana Moment.

SB 1042, from Sen. Chris Lee (D), was scheduled for a conference committee meeting, with lawmakers from both legislative chambers set to hammer out differences between versions of the bill passed by the House and Senate.

“Unfortunately, we ran out of time was the bottom line,” Lee said in a brief phone interview. “And that happened to a slew of bills, not just this one.”

While the proposal won’t move forward this year, the senator said the conversation this session will set the stage for a renewed effort in 2026.

“The great thing is, we had agreement on the final language in the bill,” Lee said. “So I think picking up next year from there will give us the ability to identify a clear path forward.”

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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.

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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).

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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.”

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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.

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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.

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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.

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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.”

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