Several bills now moving through the Legislature seek to amend the medical marijuana law and the Department of Health’s (DOH) interim administrative rules: House Bill 2707, an omnibus bill; HB 1808 on greenhouses; HB 2708 on background checks; Senate Bill 2176 on oversight committees; SB 2581, another omnibus bill; SB 2175 to add one license and regarding felonies; and SB 2581 on growing opportunities.
Some provisions would laudably remove restrictions on the use of greenhouses, shade houses or field growing — as long as they are enclosed by fencing, blocked from public view and have adequate security measures. Others would wisely modify criminal background checks for patients and caregivers and decriminalize marijuana from Felony B and C categories.
While many of the proposed changes would be reasonable and beneficial to Hawaii’s fledgling medical marijuana industry, the problem is that they come after the dispensary application deadline — and any modification to current law will be a “bait and switch” of the provisions governing this new industry and could only benefit the eight “winning” licensees who have already submitted applications.
The equitable way to handle the entire process is to reopen the application period before the April 15 permits-awarding date — and extend the application deadline until after the legislative session, May 5. This would afford changes in current legislation that become effective upon passage to be fairly applied to all — both current and any new dispensary applicants.
It would allow current applicants to amend their applications according to new legislative provisions, and allow others to apply under whatever new laws and rules emerge. This would level the playing field for all concerned.
Further, reopening the application period would give the DOH the time it needs to hone its medical marijuana card-issuing skills, expedite the process for patients, and assemble a fair and adequate application review panel.
Which leads us to the most controversial matter at hand: the applicant selection process — or lack thereof.
On Oct. 22, 2015, a joint House and Senate Health Committee informational briefing took place “to discuss best practices and identify areas of further policy development related to medical marijuana dispensaries.” There were three invited mainland witnesses attending, all professionals in the field who have advised numerous established mainland dispensary programs.
Robert Morgan, former project coordinator for the Illinois Medical Cannabis Pilot Program, warned the joint committee that unless a “blind” selection process was utilized, “there will be lawsuits.” While several key legislators nodded their heads, seemingly in agreement, Morgan’s advice has not been heeded.
This is not rocket science. First, there must be a “blind” process utilized to qualify all of the dispensary applicants. Then, a lottery should be held in full public view with someone drawing the eight “winners” out of the proverbial hat. This process would ensure that insider favoritism does not play a role in the selection of the eight awardees.
Hawaii’s medical marijuana program has come a long way since I helped work to see the original bill passed in 2000, and it deserves better treatment. This is not the time for anyone to be making uninformed decisions on matters with which they have no experience or expertise.
The only logical way to proceed is to reopen the application period and to insist that the DOH utilize this time to revisit the entire program, rules and all.
To do otherwise is folly.
Scott Foster is the longtime volunteer communications director for Hawaii Advocates for Consumer Rights. He worked with the Drug Policy Forum of Hawaii to pass the state’s medical marijuana law in 2000.
