Pubdate: Fri, 25 Dec 2015
Source: Honolulu Star-Advertiser (HI)
Copyright: 2015 Star Advertiser
Contact: 
http://www.staradvertiser.com/info/Star-Advertiser_Letter_to_the_Editor.html
Website: http://www.staradvertiser.com/
Details: http://www.mapinc.org/media/5154
Author: Kathryn Mykleseth

STATE URGED TO CONVINCE FEDS STATUS OF POT NEEDS A CHANGE

Four Hawaii doctors earlier this month filed a petition with the 
state to put pressure on the federal government to change the 
classification of medical marijuana.

Marijuana is classified by the Drug Enforcement Administration as a 
"Schedule I controlled substance," the most dangerous category of 
controlled substances, which includes heroin, lysergic acid 
diethylamide (LSD) and Ecstasy.

Dr. Clifton Otto of Honolulu and three other Hawaii doctors asked 
state Attorney General Douglas Chin to push for removing marijuana 
from the Schedule I list.

"Everyone who is selling marijuana is breaking federal law," Otto 
said. "The state is allowing patients to engage in the use of the 
federally illegal controlled substance. That is certainly the state's 
authority to do that, but part of the responsibility in giving 
patients that right is following up with the federal government."

Physicians Charles Webb, Gary Greenly and Jim Berg signed the letter 
along with Otto. The doctors said the proposed rule change would help 
to correct the conflict between state and federal law.

"When the state of Hawaii accepted the medical use of marijuana in 
2000, it created a direct conflict with the federal regulation of 
this substance, which needs to be corrected. The burden of resolving 
this conflict rests with the state because the state created this 
conflict in the first place," the petition said.

Hawaii approved a state law in 2000 allowing for medical marijuana 
use by patients with a prescription. According to the DEA, Schedule I 
drugs are substances with no currently accepted medical use and that 
have a high potential for abuse. They are the most dangerous drugs in 
all the drug categories, and have potentially severe psychological or 
physical dependence, the DEA says.

In July, Gov. David Ige signed Act 241, which allows up to 16 
dispensaries to distribute medical marijuana to qualified patients or 
primary caregivers beginning July 15, 2016.

"Now the state is going to move forward and allow commercial business 
to engage in the manufacturing and selling of an illegal substance, 
which is going to put all of those businesses at risk," Otto said.

Including Hawaii, 23 states and the District of Columbia have passed 
laws allowing smoked marijuana to be used for medical conditions.

Chin said he is preparing his response to the petition.

"We will be getting something back to Dr. Otto and the petitioners 
within the 30 days," he said Thursday.

Chin said that, after speaking with different federal agencies last 
month, he thinks it's unlikely the marijuana classification will 
change in 2016.

"The question came up," Chin said. "The clear answer we got back from 
all of the agencies was that it seems very unlikely it will happen 
this year because it is an election year."

Chin met with other attorneys general and their representatives from 
Alaska, Colorado, the District of Columbia, New Mexico, Oregon, Rhode 
Island and Washington last month in Washington, D.C., to discuss 
marijuana issues.

"Several of us went out to meet with the Department of Justice and 
the Department of Treasury," he said. "The concern we have right now 
is when a lot of these dispensaries go live, they will be operating 
in all cash."

Because of the Schedule I classification, banks are not accepting 
money from marijuana businesses in states where pot is legal. That 
has become a problem for marijuana businesses, which have to pay all 
salaries and bills in cash.
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MAP posted-by: Jay Bergstrom