Sunday, June 16, 2024
Hawai'i Free Press

Current Articles | Archives

Wednesday, December 3, 2014
Auditor: Proposed Marijuana Dispensary Bill 'Flawed'
By News Release @ 2:48 AM :: 3936 Views :: Drugs

Sunrise Analysis: Regulation of Medical Marijuana Dispensaries

Flaw in existing medical marijuana law justifies regulation of dispensaries

Regulation of medical marijuana dispensaries is warranted

Report No. 14-12, December, 2014

Because the sale of marijuana is illegal under state law, there is no place within Hawai‘i to legally obtain medical marijuana, which forces qualifying patients to either grow their own medical marijuana or seek out black market products. We therefore found that regulation of medical marijuana dispensaries is necessary to protect the health, safety, and welfare of qualifying patients in Hawai‘i.  Without regulated dispensaries, patients’ health is jeopardized because a product’s strength, strain, and lack of contaminants cannot be verified. Regulation could also mitigate fears that dispensaries would introduce a criminal element into surrounding neighborhoods by stipulating where and how many dispensaries may operate. Regulation would also satisfy most other criteria in Hawai‘i’s “sunrise” law, Chapter 26H, Hawai‘i Revised Statutes: it would not unreasonably restrict potential operators’ ability to join the field, fees would likely cover administrative costs of the program, and viable alternatives to protect the public have not been identified. In addition, most other states with medical marijuana programs regulate dispensaries.

House Bill No. 1587 is flawed

The proposed regulatory vehicle, HB No. 1587 (2014), has several flaws. First, licensure would be more appropriate than registration for dispensaries. Second, the bill does not specify a funding mechanism for the new regulatory program. No seed moneys are provided, and the existing Medical Marijuana Registry Special Fund statute does not contemplate use of the fund for overseeing a dispensary regulatory program. In addition, various duties in the bill are unclear or inappropriately assigned to the entity to be regulated (dispensaries) rather than the regulating authority (the Department of Health). Finally, the bill needs several technical changes in order to be effectively implemented.

Agencies’ responses

The Department of Health offered clarifying technical comments and pointed out that its agreement on a reasonable number of statewide dispensaries was hypothetical. The Department of Public Safety did not comment on the report.

read ... Entire Report


TEXT "follow HawaiiFreePress" to 40404

Register to Vote


Aloha Pregnancy Care Center


Antonio Gramsci Reading List

A Place for Women in Waipio

Ballotpedia Hawaii

Broken Trust

Build More Hawaiian Homes Working Group

Christian Homeschoolers of Hawaii

Cliff Slater's Second Opinion

DVids Hawaii


Fix Oahu!

Frontline: The Fixers

Genetic Literacy Project

Grassroot Institute

Hawaii Aquarium Fish Report

Hawaii Aviation Preservation Society

Hawaii Catholic TV

Hawaii Christian Coalition

Hawaii Cigar Association

Hawaii ConCon Info

Hawaii Debt Clock

Hawaii Defense Foundation

Hawaii Family Forum

Hawaii Farmers and Ranchers United

Hawaii Farmer's Daughter

Hawaii Federation of Republican Women

Hawaii History Blog

Hawaii Jihadi Trial

Hawaii Legal News

Hawaii Legal Short-Term Rental Alliance

Hawaii Matters

Hawaii Military History

Hawaii's Partnership for Appropriate & Compassionate Care

Hawaii Public Charter School Network

Hawaii Rifle Association

Hawaii Shippers Council

Hawaii Together


Hiram Fong Papers

Homeschool Legal Defense Hawaii

Honolulu Navy League

Honolulu Traffic

House Minority Blog

Imua TMT

Inouye-Kwock, NYT 1992

Inside the Nature Conservancy

Inverse Condemnation

July 4 in Hawaii

Land and Power in Hawaii

Lessons in Firearm Education

Lingle Years

Managed Care Matters -- Hawaii

Missile Defense Advocacy

MIS Veterans Hawaii

NAMI Hawaii

National Parents Org Hawaii

NFIB Hawaii News

NRA-ILA Hawaii


OHA Lies

Opt Out Today

Patients Rights Council Hawaii

Practical Policy Institute of Hawaii

Pritchett Cartoons

Pro-GMO Hawaii

Rental by Owner Awareness Assn

Research Institute for Hawaii USA

Rick Hamada Show

RJ Rummel

School Choice in Hawaii

Talking Tax

Tax Foundation of Hawaii

The Real Hanabusa

Time Out Honolulu

Trustee Akina KWO Columns

West Maui Taxpayers Association

What Natalie Thinks

Whole Life Hawaii