MEDICAL

MARIJUANA SAFE
ACCESS BILL
A Proposal by

“Pacific Wellness Coalition”

Why Should Hawaii
Legalize Marijuana
Dispensaries?
•Since signed into law on June 15th, 2000, Act 228
has provided for the use of medical marijuana for
over 10,000 residents.
•The intent of Act 228 is to provide those with a
legitimate medical need to obtain and use cannabis.
•The law has come under criticism from many
groups for being contradictory, it recognizes the
value of cannabis as medicine but does not
adequately provide for patients to obtain this
valuable medical resource.
•The current law allows patients to grow their own
medicine. However many cannot due to severity of
their illness, safety and security concerns, financial
issues and lack of access to cannabis seeds.
•Although the law allows patients to identify a
caregiver who may grow their cannabis, many
patients do not have access to skilled caregivers and
must rely on the black market or go without.
Source: MCWG Final Report 2010
Why Should Hawaii
Legalize Marijuana
Dispensaries?

•Since its inception there have been dozens of attempts to

improve Act 228.
•In October 2009 the Medical Cannabis Working Group
(MCWG) was convened by Senator Will Espero (based on
Act 29) to examine state statutes and issues that patients,
caregivers, police and doctors reported in working with the
medical marijuana system in Hawaii.
•The MCWG report to the state legislature in Feb 2010
identified safety, economic, medical and social concerns
that were the result of the flaws in Act 228.
•Dispensaries, if regulated properly, can resolve the
problems that exist while providing significant benefits to
the community and economy of Hawaii.
How will Hawaii Benefit
from Legalizing
Marijuana Dispensaries?
•Establishing dispensaries would allow for
taxation of medicine and general excise taxes,
as well as the creation of jobs in both the public
and private sector.
•Patients would be insured consistent access to
safe, quality medicinal cannabis, thus reducing Dispensaries in Hawaii would take
suffering. This would also be consistent with the money away from organized crime and
intent of Act 228. reduce the black market. This also
•Because dispensaries charge lower prices for reduces the safety risk for patients and
higher quality medicine, patients will have more
lowers the opportunity for street crime.
money to spend in other areas- generating more
jobs and tax revenue.
Problems with the Current System
•Patients have no legal access to seeds or
plants except via caregivers, who are not
regulated beyond amount they can grow
and are of varying expertise.
•Many patients do not have access to
caregivers and must resort to obtaining their
medicine on the black market, which puts
the patient in harms way and provides an
economic boon to organized crime. •Producing medicinal marijuana requires
•Many patients cannot afford the high cost extensive knowledge of genetics and
of black market marijuana and fear putting horticulture, as well as skill in plant
themselves or a loved one at risk to obtain
cultivation that most patients do not
or grow their medicine.
possess and many have no interest in
Source: MCWG Final Report 2010
learning.
•Dispensaries solve this problem by
regulating the production of medicinal,
organic cannabis using skilled and
knowledgeable horticultural staff.
Medical Issues
•Patients who are terminally or severely ill are unable to grow for themselves but require consistent, safe access
to medicinal cannabis.
•Even patients who can grow themselves or have access to a caregiver are not insured of a consistent supply
due to current plant limits.
•Patients who can grow themselves or have access to a caregiver may be getting medicine with mold, fungus,
insects or other pollutants that may cause serious harm.
•Patients who can grow themselves or have access to a caregiver may require edible cannabis, which demands
greater quantities of plant material and further processing and knowledge that most patients do not have.

Social Issues
•Patients who must resort to obtaining their medicine on the black market face various risks including robbery and
assault. They are exposed to dangerous individuals and environments in order to get a medically recommended
plant that eases suffering. This contradicts the intent of Act 228.

•Many patients cannot afford the high cost of black market marijuana and fear putting themselves or a loved one
at risk to obtain or grow their medicine, so they go without. This also contradicts the intent of Act 228.
Medical Marijuana Myths and Facts
MMJ Myth #1: “Cannabis does not have any recognized medical uses
or benefits”
MMJ Fact: Organizations that have endorsed the medical use of marijuana
include: American Academy of Family Physicians, California Medical
Association, California Society of Addiction Medicine, the AIDS Action
Council, Lymphoma Foundation of America, National Nurses Society on
Addictions, Canadian Medical Association, American Academy of HIV
Medicine, British Medical Association, American Public Health Association,
and the New England Journal of Medicine.(1)

MMJ Myth #2: “Cannabis is a dangerous drug, it causes more damage

than it cures”
MMJ Facts:
• Cannabinoids are non-toxic, lethal effects are nonexistent.(2)
• Common over-the-counter medications and alcohol can both produce
death via overdose, but there has never been a documented case of
overdose death due to cannabis. (2)
• In 1988, a Drug Enforcement Administration Administrative Law Judge,
Francis Young, concluded that in strict medical terms marijuana is far
safer than many foods we commonly consume. (3)
• The pharmacology of cannabis indicates that it does not pose greater
risks of damage than alcohol, tobacco, and caffeine. (4)
• Components of cannabis have recently been shown to have anti-
inflammatory, anti-oxidative and neuroprotective effects, suggesting
possible therapeutic effects on conditions such as Parkinson’s disease,
Alzheimer’s disease, cerebral ischemia, diabetes, rheumatoid arthritis,
nausea and cancer. (5)
References
1. Marijuana Policy Project. Medical Marijuana Endorsements and Statements of Support.
2. Dewey, W. Cannabinoid Pharmacology. Pharmacological Reviews. 1986 Vol. 38, No. 2.
3. Young, Francis. (1998) Opinion and Recommended Ruling, Marijuana Rescheduling Petition Docket No.
86-22. Drug Enforcement Administration.
4. Hollister, L.E. (1986), "Health Aspects of Cannabis", Pharmacological Reviews, 38:1, 1-20.
5. Guzman, Manuel, ( 2003),"Cannabinoids: Potential Anticancer Agents." Nature Reviews: Cancer. p. 746.
MMJ Myth #3: “Marijuana is addictive like ICE and Heroin. It causes long term brain damage.”
MMJ Facts:
• The primary marker of a drug with a severe dependence liability is compulsive self-administration produced in an
animal model. Animals will not self-administer marijuana. (6)
• The scientific record indicates that marijuana has a much lower potential for abuse than heroin, cocaine, or
amphetamines.(7)
• There is little evidence that long-term cannabis use causes permanent cognitive impairment. Overall, by comparison
with other drugs used mainly for 'recreational' purposes, cannabis could be rated to be a relatively safe drug.(8)

MMJ Myth #4: Mostly younger people are getting medical authorization for cannabis based on
minor ailments, it is a way to circumvent the law.”
MMJ Fact:
• According to a review by the General Accounting Office of medical cannabis programs in four states including
Hawaii, "Most medical marijuana recommendations… have been made for applicants with severe pain or muscle
spasticity as their medical condition. Most medical marijuana registrants in Hawaii were males over 40 years old.
Over 70 percent of all registrants in Hawaii, Alaska and Oregon were 40 years of age or older.” (9)
References
6. Abood, M.E., and Martin, B.R. (1992), Neurobiology of Marijuana Abuse. Trends in Pharmacological Sciences 13:201-206.
7. Felder, Christian, and Michelle Glass. 1998. Cannabinoid receptors and their endogenous agonists. Annual Review of Pharmacology and toxicology, 38:179-200:
8. Leslie Iversen, (2005) “Long-term effects of exposure to cannabis,” Current Opinion in Pharmacology 5:1, Pgs 69-72.
9. General Accounting Office, (2002) "Marijuana: Early Experiences with Four States' Laws That Allow Use for Medical Purposes" Washington, DC: Government Printing Office
How Should Hawaii Regulate
the Medical Dispensaries?

• Adopting successful laws that are

currently in effect in other States
such as Colorado.
• Create a division called the Hawaii
Medical Marijuana Enforcement
Division:
• Funded from the taxes derived
from medical marijuana.
• Create the strict process for
starting a dispensary.
• Enforcers of all dispensaries that
are approved after an intense
application process.
• Key point is to minimize the amount
of dispensaries throughout the state
so this will create a more controlled
environment for the Hawaii Medical
Marijuana Enforcement Division.
 Once Legalized, will Hawaii be
Out of Control and be just like
California with all of the Illegal
Activities that the State is
Dealing With? NO!

•Hawaii is not a large urban rural area like California.

X
•California is the first state to allow dispensaries. Hawaii will learn from their mistakes, create better laws and regulations.
•Colorado is the second state to legalize dispensaries and created an enforcement division. The state introduced and
passed a new strict and more defined bill called HB1284. This bill made it harder for non-legitimate people to start a
dispensary and made it difficult for any new dispensaries to pop up everywhere like McDonalds.
•Hawaii will create similar laws as Colorado but it will be more in tune for our ways of living here in Hawaii. If we create
the perfect regulations for medical marijuana, Hawaii can be the model for many other states to follow.
•The Big Island should have two dispensaries, Maui three, Molokai one, Lanai one, Oahu four and Kauai one.
•Approve a dispensary that is currently successful in the industry, are aware of the daily operations, the laws and
understands the business for others to follow.
•This ensures patients will have readily available and safe access to their medicine.
 NO, legalizing medical marijuana dispensaries drives down the production
Will Legalizing and sales of the Black Market to the patients while giving them
Marijuana professional, safe access to their medicine. For example, ever since the
State of Colorado legalized marijuana dispensaries, Mexican Marijuana
Dispensaries Create
Drug Trafficking has diminished severely. It is not guaranteed that all
Crime and Illegal dispensaries will follow all rules and that is why the Hawaii Medical
Organizations? Marijuana Enforcement Division will be prompt on monitoring all
dispensaries to assure legal daily operations.
What State Regulations and Rules should Hawaii
Develop to Create a Safe and Professional
Environment for all Medical Marijuana Dispensaries?

•The State of Hawaii will have to work with an organization that has the
experience, the team and the knowledge of the Medical Marijuana
Industry, such as the Pacific Wellness Coalition.

•Pacific Wellness Coalition will work hand in hand with state officials to
create regulations for dispensaries such as:

•Tax percentage that the state will assess marijuana dispensaries

•Application process, license application fees, the applicant

requirements, the zoning for dispensaries and the required build out for
dispensaries to assure SAFE ACCESS for the sick patients.

•Enforcement procedures and how the tax percentage should be split for
different departments throughout the state.

•As for the dispensaries and grow facilities, the rules should be strict but
yet comfortable for the patients as well.
What should the
Requirements be for
a Person to Obtain a
Dispensary License?
The requirements should be similar to HB1284
that Colorado has drafted for all persons
applying:

•Intense background criminal check, any

applicant that has been arrested several times
for domestic, DUI, etc. but have not been
charged as a felony will be reviewed by the
Hawaii Medical Marijuana Enforcement Division
and they will have the final say rather or not the
applicant is approved.

•Any applicant that has a drug felony within 5

years shall not be approved.

•Pacific Wellness Coalition will draft up the

requirements that should be applied to the
dispensary licensing application and will work
closely with state officials.
 Who should be able to Enter a Dispensary and Obtain Medical Marijuana?
•Strictly medical patients with a valid medical marijuana card.
•All dispensaries should have access to a list of all VALID patients throughout the State of Hawaii and a list of
all non-valid patients throughout Hawaii from the State Department.
•No one will be able to enter the dispensary if they are not holding a current and valid MMJ Card.

Should all Patients be Required to make a Dispensary Center their Primary Caregiver?
Yes, it is the dispensary’s responsibility to make sure their patients are legal, valid, etc. and will monitor their patients
no differently than a doctor’s office. The State of Hawaii will not have to spend thousands of dollars to have a division
that monitors the patients. Keep everything within the dispensary center, this way at any given time the Hawaii
Medical Marijuana Enforcement Division can question the center if they have any issues concerning a patient.
 What should the Regulations be
as far as the Locations of where
a Medical Dispensary would
Legally be able to Operate?

• Medical marijuana dispensaries should have

their place of business in a safe area for all
medical patients.
• Medical marijuana dispensaries should not be
within 500-1000 feet of a children's day care
center, church, schools, public parks and state
or federal buildings, residential areas,
community centers (YMCA, etc).
• All locations should be discrete and not have
any signage with a marijuana leaf anywhere
on the exterior sign for the public to see.
• All dispensaries will be required to have
access for all handicapped patients with all
ADA requirements for a retail store.
• Any dispensaries with front windows should
be tinted so that no one from the public will be
able to see the inside of the store.
• The Pacific Wellness Coalition will draft up the
regulations that should be applied to the
dispensary bill and work closely with state
officials.
 What should the Regulations be as
far as the Locations of where a
Medical Grow Facility would
Legally be able to Operate?
• Grow facilities should be operated in an enclosed
secured commercial industrial warehouse.
• If growing then it is to be on private land with no less
than 1 acre and is zoned for agriculture.
• Green Houses would be allowed as long as it is on
private land with no less than 1 acre and is zoned for
agriculture.
• Grow Facilities should not be within 500-1000 feet of
a children's day care center, church, schools, public
parks and state or federal buildings, residential areas,
community centers (YMCA, etc).
• Grow facilities shall have no signage and no visible
windows allowing the public to view the inside.
• Grow Facilities will have the proper electrical amps,
and a certified electrical engineer to draw up an
electrical plan so that the facility can get the building
permitted.
• Grow facilities will have the proper ventilation and
filter system that will enable the surrounding areas to
not have a strong odor of medical marijuana. The
Pacific Wellness Coalition will draft up the regulations
that should be applied to the dispensary bill and work
closely with state officials.
Should Anyone be able to Grow for the
Medical Dispensaries? NO!

•Assign and only allow the medical dispensaries to grow medical

marijuana.
•Responsibility remains with the dispensaries to maintain quality
control.
•By linking the grow facilities directly with the dispensaries the state
eliminates illegal grow operations and prevents Black Market sales at
higher street prices.
•Also eliminates all the small “mom & pop” grow operations and
backyard growers, keeping it regulated and out of neighborhoods.

Hawaii will contain the industry by making the dispensaries

responsible for their grow facilities and by doing so the dispensaries
will not want to risk doing anything illegal. This creates a more
controlled system for the Hawaii Medical Marijuana Enforcement
Division.
Should the Dispensaries have Security Cameras placed throughout their
Center for 24/7 Monitoring?

YES, the only way that the state will understand how professional a medical dispensary really is, is to
monitor a center on a daily basis. There has to be trust and relationship between the dispensaries
and the Hawaii Medical Marijuana Enforcement Division.
A Story
Unlike California which allows medical marijuana dispensaries, Hawaii patients are
forced to grow their own or buy it illegally.

“What's missing in the Hawaiian law is where do we go to get it,” said Joe Rattner,
an HIV patient who smokes marijuana to increase his appetite.

Under the Hawaii statute registered patients are allowed to have three mature
marijuana plants on their property, four immature plants and three ounces of usable
marijuana.

Rattner was having some success growing his own plants until his backyard was
broken into and the would-be thief or thieves tore out his landscaping. Rattner’s
mother is now forced to buy the drug illegally.

“You send people like me to the streets to try to find

marijuana because it's saving my son's life,” said Lila
Rattner. “And I will do what I have to do to keep him alive.”
Excerpt taken from Number Of Medical Marijuana Patients Soars by Andrew Pereira Last Update: 11/13/2009 12:39 am.
(http://www.khon2.com/news/local/story/Number-Of-Medical-Marijuana-Patients-Soars/EH6hygiK3kq01QGyaI09oA.cspx)
KITV Hawaii Survey:
What do you think is
the best way to
distribute medical
marijuana?

Choice Votes Percentage

447 80%
Dispensaries
(public or private)

Individual grows
their own
(current)
20 4%
All marijuana
should be
illegal
93 17%

Thank you for voting in our survey. KITV Survey as of 07:35am

11/23/10