Pubdate: Tue, 29 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: Sophie Cocke

LEGISLATORS TELL OFFICIALS TO KILL RULES ON PAKALOLO NOT IN LAW

The State Department of Health Is Criticized for Its New Regulations 
on Medical Marijuana

Hawaii lawmakers criticized top Department of Health officials on 
Monday over new rules governing the growth and sale of medical 
marijuana, saying that health officials may have overstepped their 
statutory authority by prohibiting the use of greenhouses and 
excluding official retail outlets from selling rolled marijuana 
cigarettes and certain smoking paraphernalia.

"I get very frustrated when executive departments establish rules 
that go beyond what the Legislature opined," Sen. Roz Baker (D, West 
Maui-South Maui) told health officials who testified in front of a 
joint hearing of the House Health Committee and Senate Commerce, 
Consumer Protection and Health Committee. "The Legislature makes 
policy and the executive branch implements that policy. So I would 
like you ... to look at those rules and in areas where they go beyond 
what the statute says specifically, take them down. They don't belong there."

This year, Hawaii joined at least 18 other states in legalizing the 
commercial production and distribution of medical marijuana. Under 
Act 241, 16 medical marijuana stores are expected to open starting July 15.

In the meantime, the Health Department is working to implement the 
law and earlier this month released rules regulating the industry 
that provide greater clarity and specificity to the statute.

The two-hour briefing amid a packed hearing room at the state Capitol 
often grew contentious as lawmakers went on to grill Health 
Department officials on myriad other issues. They said health 
officials need to clarify what constitutes a single marijuana plant, 
that the department's online registration system is confusing, and 
that some of the information on the department's website about the 
new law is wrong.

Health officials at times pushed back, emphasizing that they are 
doing their best to comply with the intent of the statute under a 
hasty timeline for implementing the law and limited resources.

"So the magical thing about when you guys pass laws and then we have 
to implement them is that there is no staff and no money to get it 
done," said Scotty Ruis, the Health Department's medical marijuana 
registry coordinator, in response to questions about how long it's 
taking to issue people's medical marijuana cards.

Overall, health officials maintain that they're doing a good job 
implementing Act 241. The department has sped up processing medical 
marijuana applications and was three weeks ahead of schedule when it 
released the new rules regulating the industry earlier this month.

But the intense interest in the law, particularly among companies 
seeking to bid on what industry observers say are very lucrative 
medical marijuana contracts, has raised the level of scrutiny.

One of the most contentious issues has been the prohibition against 
greenhouses.

Lawmakers didn't specify in the law they drafted whether it would be 
permissible for companies to grow marijuana in greenhouses. The 
language of the law only says that marijuana production must take 
place in "enclosed, indoor facilities," raising immediate questions 
about whether the plants would have to be grown under lights in 
warehouse facilities.

Marijuana growers say that the cost of electricity in Hawaii, which 
tends to be double to triple the national average, would burden the 
industry with unnecessary costs that would end up being passed on to consumers.

Sen. Russell Ruderman (D, Puna) said that the cost of electricity for 
one facility was expected to run $200,000 a year.

"In a state with the best sunlight and highest cost of electricity, 
you have eliminated the fundamental ability of plants to transform 
sunlight," said Ruderman.

Health officials didn't explain why they had specified the 
restriction and it's not clear whether they were attempting to comply 
with the language of the statute, which refers to indoor growing 
conditions and locked structures with tight, around-the-clock security.

Lawmakers also complained about a ban on selling rolled marijuana 
cigarettes, or joints.

"It's like telling the liquor store, you can't sell beer," said Sen. 
Will Espero (D, Ewa Beach-Iroquois Point), adding that the 
prohibition just sounds "illogical, wrong and without thought."

Act 241 is silent on rolled marijuana cigarettes. The law specifies 
that companies can sell capsules, lozenges, pills, oil and oil 
extracts, tinctures, ointments and skin lotions, while giving the 
Health Department discretion to add other products.

Department of Health Director Dr. Virginia Pressler said her 
department has aggressively advocated against inhaling tobacco and 
any other product other than an inhaler because of health risks.

But she said that under the medical marijuana law "patients can do 
whatever they like with the product after they purchase it."

Lawmakers said that if the Health Department doesn't act to make 
amendments to the rules, the Legislature may step in to tweak the law.

In wrapping up the hearing, Pressler assured lawmakers that her 
department had heard lawmakers' concerns and would take them into 
consideration.

"I do appreciate what has been expressed," she said. "This is a very 
contentious issue with a very aggressive timeline and we are doing 
the very best to follow the statute and not exceed it."

If the Health Department does amend its rules, it will likely have to 
be soon. On Jan. 12, the Health Department is scheduled to open an 
18-day bidding window to companies interested in competing for eight 
medical marijuana contracts.

Each license allows a company to operate two marijuana production 
centers and up to two retail stores. Three licenses will be issued 
for Oahu; two licenses each for Hawaii and Maui counties; and one 
license for Kauai.

To bid on a license, a company must show that it has at least $1 
million worth of financial resources for each license, as well as 
$100,000 for each retail outlet.
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MAP posted-by: Jay Bergstrom