The medical marijuana legislation in Hawaii has been approved by two additional Senate committees. This bill, which includes other amendments, allows healthcare providers the option to prescribe cannabis as a treatment for whatever condition they think it will benefit.
At a Tuesday joint hearing, the Senate Ways and Means Committee and Judiciary Committee voted in favor of HB 302, which was introduced by Rep. Gregg Takayama.
The proposal, as introduced, clarifies that, under state law the recommendation of medical marijuana would not need to come from a physician who has conducted an “initial in-person consult” with the patient.
Last month however, another two Senate committees changed the bill so that it allows medical marijuana to now be prescribed for any condition a doctor, or an advanced practice registered nursing (APRN), believes would benefit from the drug, rather than only the maladies listed in the current law.
It would define “debilitating conditions” as any condition deemed by a certifying doctor or registered advanced practice nurse to qualify for cannabis’ medical use.
This change could allow patients with conditions to access medical marijuana, even if they have not been recognized as such by the state.
Prior to advancing the measure on Tuesday, legislators adopted a handful of other changes proposed by the Department of the Attorney General. These penalties dealt with marijuana advertising, the unlicensed operation a dispensary as well as other licensing and enforcement issues.
Panels did not debate the content of the measure. However, before the vote Sen. Brenton Awa said that the proposal would “really shut down a provider of medical services in my district, Waialua.” He didn’t elaborate further on the impact of this measure.
The move to allow healthcare providers to recommend medical cannabis to patients for any condition they see fit is in line with a plan announced last year by Gov. Josh Green (D) to expand access to marijuana in light of the legislature’s failure to pass recreational legalization measures.
“This would make it very available—that’s marijuana—for those who choose it in their lives,” the governor said in an interview, “and it would still keep kids safe, which has been everyone’s priority.”
Green also reiterated his commitment to full recreational legalization.
He said: “I believe that marijuana should be legal for adults who are able to use it responsibly.”
The Department of Health of the state has expressed concern about the expansion of medical marijuana that is currently advancing.
The Department of Health and Human Services stated in written testimony that, while it supports the right for medical professionals to make their own decisions in the diagnosis and treatment of patients, there is little scientific support in the literature supporting cannabis use beyond the conditions currently listed in the statute. The Department of Health is concerned with potential patient safety risks, such as adverse drug interactions that may occur between cannabis and the patient’s current treatment.
The department suggested an amendment to address these concerns. It stated that only the patient’s consent could be used. Treatment The provider should have the authority to certify patients with non-specified diseases. A panel of experts did not adopt this amendment, but it was unclear whether they had done so at the Tuesday hearing.
Marijuana Policy Project’s (MPP) advocates, in their written testimonies, have called this expansion “long due.”
Karen O’Keefe is the director of MPP’s state policy. She wrote: “Practitioners should also be allowed to certify medical marijuana patients when it feels appropriate.”
This will increase the number individuals that can get lab-tested medical cannabis. The group also added “reducing those who are reliant on the illicit unregulated hemp and cannabis market.
In comments to MEDCAN24 after Tuesday’s vote, O’Keefe said the bill “would significantly expand Hawaii’s medical cannabis law, allowing doctors and APRNs to certify patients for any medical condition they believe can benefit—either in person or by telehealth.”
She stated that “Patients suffering from insomnia, anxiety and autism as well as ALS are excluded by Hawaii from using legal medical cannabis.” This bill will finally make a difference.
Nevertheless, other aspects of the bill have been criticized by reform advocates. Hawai’i Alliance for Cannabis Reform wrote in opposition to a Class C felony for dispensaries operating without a permit.
In general, the group stated that HB 302 would “make it easier for Hawaiians to get a job.”ʻI residents that could benefit from the use of medical cannabis should consult with an informed provider, enroll and qualify in their state’s program for medical cannabis, and buy lab-tested medication.”
Hawaii’s Legislature sent the bill to Governor last week, which would have helped speed up expungement for past marijuana related offenses.
Rep. David Tarnas’ (D) HB 132 would accelerate expungements through a pilot programme signed last year into law by Gov. Josh Green (D). This bill would eliminate the distinctions between marijuana, and Schedule V substances for purposes of the expulsion program.
Bill’s supporters say that the existing wording in the law requires state officials manually to search through thousands of criminal histories to determine which records are eligible to be expunged under the pilot project.
The governor approved the expungement pilot program legislation—HB 1595, also from Tarnas—last year. Its goal was to expunge non-conviction marijuana arrest records solely in Hawaii County, home to about 14 percent of the state’s population. This county is located on the Big Island, and it’s the second-most populous in the state after Honolulu County.
As originally introduced, the measure would have directed state officials to automatically expunge tens of thousThe following are some examples of how to get started:s of arrest and conviction records for low-level marijuana possession. But the Senate Judiciary Committee later amended the proposal, replacing the statewide plan with a pilot program in Hawaii County that would apply only to non-conviction arrest records.
The House Health Committee amended and approved a Senate approved bill last month to support research into psychedelic assisted therapies, which use substances like psilocybin or MDMA. First, the panel adopted several changes recommended by Office of Wellness and Resilience. This included replacing a fund for a 2-year pilot with an Office of Wellness and Resilience special fund.
Separately, in February the Senate narrowly defeated a separate proposal that would have increased fivefold the amount of cannabis that a person could possess without risk of criminal charges. The measure, if it became law in Hawaii, would have allowed the possession of 15 grams instead of the 3 grams currently decriminalized. The possession of up to 15 grams of marijuana would be considered a civil offense punishable with a $130 fine.
The House Committee on Labor in January unanimously voted to advance legislation that would protect state-registered medical marijuana patients from discrimination in the workplace. This bill (HB 325) hasn’t yet been considered by the Senate.
A Senate bill which would have allowed marijuana to be consumed by adults has recently been stalled. SB 1613 was still in its committee even though a deadline for the session had passed.
While advocates feel there’s sufficient support for the legalization proposal in the Senate, it’s widely believed that House lawmakers would ultimately scuttle the measure, as they did with a legalization companion bill, HB 1246.
Last session, a Senate-passed legalization bill also fizzled out in the House.
This past fall, regulators solicited proposals to assess the state’s current medical marijuana program—and also sought to estimate demand for recreational sales if the state eventually moves forward with adult-use legalization. Others interpreted the move to be a signal that regulators needed to get ready for the reform.
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Mike Latimer provided the photo.