Governor Submits Potential Veto List June 30, 2009
Honolulu, Hawaii Jun 30, 2009 04:45 PM - Governor Lingle submitted to the State Legislature a list of 65 bills that she is considering for potential vetoes. The bills are being considered for potential veto due to various factors including significant negative impacts on the public, legal or constitutional concerns, potential unintended consequences, and technical flaws in the legislation. 
Read the list of 65 bills being considered for vetoes.
Because of the complexity of certain bills, the Governor has placed them on the list to preserve her option to veto them while the Administration continues to review the legislation. Specific areas of concern include bills that would extract more taxes from state residents (HB 1271, SB 1678 and HB 1544); impact end-of-life choices (HB 1379); curtail affordable housing choices (SB 1160 and SB 1350); and, remove the Public Utility Commission’s oversight to control basic telephone service (SB 603). In addition, due to the unprecedented $2.7 billion revenue shortfall between now and June 30, 2011, as projected by the Council on Revenues, the Lingle-Aiona Administration has increased scrutiny of all bills for potential budgetary implications. As a result, a number of bills were put on the potential veto list because they call for new or increased spending at a time when the State cannot afford to expand the cost of government or further deplete the State’s limited fiscal resources. Twelve bills on the list fall into this category of potentially negative fiscal implications (HB 36, HB 343, HB 358, HB 982, HB 986, HB 989, HB 1504, HB 1809, SB 266, SB 423, SB 1248 and SB 1665). "While the Legislature has passed legislation that they believe is important and the public played a key role in the legislative process, it is my duty as Governor to ensure the bills that become law are constitutional, fiscally responsible and in the State’s and the public’s long-term interest," said Governor Lingle. "This year, given the unprecedented fiscal crisis we are facing, my Administration is taking an extra cautious approach, beyond our already high level of fiscal prudence, to examine bills that would erode our ability to balance the State budget or that would delay our economic recovery," the Governor added. The Governor is required by the Hawai`i Constitution to give the Legislature 10 days notice of any bill she is considering vetoing, prior to the deadline when she must take final action on the bills passed in the 2009 legislative session. This year the deadline to veto bills is July 15. Any bill on the potential veto list can still be signed by the Governor or allowed to become law without her signature. Placing the bills on the potential veto list allows the Governor additional time to deliberate, and provides further opportunities for the public to voice their support or concern relating to the bills. Bills not on the potential veto list cannot be vetoed. Therefore, the list is more inclusive to preserve the Governor’s option to veto a measure that is still being reviewed. Over the next 10 days, the Lingle-Aiona Administration will continue to carefully review the bills on the list. As she has done every year since taking office, the Governor has been seeking comments on bills passed this legislative session from the public, including individuals, businesses, industry and professional associations, nonprofit groups, and community organizations statewide. In addition, the Administration sought input from legislators, the counties, law enforcement agencies, neighbor island liaisons and state boards and commissions. Public comments on the 65 bills being considered for vetoes on July 15 may be sent to the Governor’s office as follows: Email: governor.lingle@hawaii.gov or gov.policy@hawaii.gov Fax: (808) 586-0006 Mail: Office of the Governor
Hawai‘i State Capitol, Executive Chambers
Honolulu, Hawai‘i 96813 ###
Honolulu ASA Offers
Private Members Only IntranetJune 18, 2009
Honolulu, Hawaii
By RC Anderson, Ph.D. Honolulu ASA now offers a private members only intranet which will act as a virtual office where members can catch up on the latest announcements, send private messages, check their free Honolulu ASA email account, chat with other members in a private members only chat room and forum, and much more. The virtual office is only available to members of Honolulu ASA All Honolulu ASA members will now have a free Honolulu ASA email account, which can also be used to submit testimony for bills to the legislature when they choose not to reveal their personal email address. To sign up for the virtual office or to log into it click here. ###
KP Hawaii Takes New Position on Medical CannabisApril 15, 2009
Honolulu, Hawaii
By RC Anderson, Ph.D. Kaiser Permanente Hawaii has apparently changed their position on allowing their physicians to participate in the Hawaii Medical Marijuana Program. According to an email that we received today from a reliable source within Kaiser Permanente Hawaii, there is now "no policy barring KP physicians from participating in the NED process for patients who are seeking marijuana for medical purposes. However, this is a personal decision each physician makes based on their clinical judgment and experience." This is a major victory for medical cannabis patients in Hawaii which are members of Kaiser Permanente, the largest private health care provider in the state, who have been told in the past that Kaiser will not allow them t write recommendations. Kaiser members will now be able to speak with their Primary Care Physicians about the possibility of using medical cannabis to treat their qualifying condition. Unfortunately all Kaiser physicians are not aware of this policy as of yet so we will be asking Kaiser Permanente Medical Group to allow us the opportunity to meet with their physicians over the next few months through "Grand Rounds" for the larger departments, and staff meetings for the smaller departments, to advise their physicians of the policy, relay educational information over to them on the benefits of the medical use of cannabis, and information on the Hawaii Medical Marijuana Program and how to become a participating physician. The more physicians that we can get participating, the better it will be for both the patients of Hawaii and the program. ###
Maui owieCrackdown on the Valley isle 
The pain in his skull is excruciating. If his pitch-black bedroom and silence don’t work to ease the agony, it’ll be another familiar trip to the ER for morphine or Demerol. Sufferng three or four acute migraine episodes per week, RC Anderson wasn’t too thrilled about his predicament: 14 years trying different meds with “very little positive results.” His wedding photography business was impossible to keep afloat amidst the heavy narcotic knock out and accompanying vomiting. Marijuana was an easy choice after participating in a University of California study on the effects of cannabis on migraines, he says. His migraines are now down to one-per-week, they’re controllable, he’s started another business, and he’s an archbishop in his church. Anderson says things on O’ahu aren’t exactly set up for the medical-marijuana patient. He first looked for some organization to educate him about how to obtain marijuana. Besides Patients Without Time (PWT), a medical-marijuana cooperative and advocacy group in Maui, there wasn’t anything. He looked to buy the strain he says he needed on the black market, but couldn’t find it in Honolulu County. Finally, he decided to grow his own, but he’s running up against the rules of the ‘Aiea Newtown Estates Community Association. Anderson says they’ve told him “no can do” on his greenhouse. A 2000 law allows patients who would benefit from it to cultivate their own marijuana. This includes those suffering from cancer, glaucoma, epilepsy and a host of other ailments. According to the federal government though, marijuana is classified as a drug with no medical applications, so state lawmakers laid out strict conditions for patient use, while still worrying about abuse. The law stipulates that patients who need marijuana for medical reasons must cultivate it themselves or have a caregiver grow it. Any third party interaction or money changing hands is against the law. Patients are allowed a total of seven plants at a time. Though the law may say grow your own, Anderson says, in reality most don’t or can’t. He says he smokes about a joint worth a week of a strain called sativa. He says an ounce costs him $550 and lasts “four or five months.” Sativa doesn’t knock him out, and he can remain productive, continue working, and continue thinking straight. The strain available on the black market in O’ahu, is called “indica,” he says. This is the one that causes a stony feeling and “makes you want to sit on the couch, watch TV and eat Doritos.” Cannabis seedlings, or clones, of the sativa variety come from the Big Island or Maui and that presents other problems, according to Anderson. Since the waterways and airspace between islands is federally controlled, transport from one island to the next is illegal. Regardless, he says, plants are flown in from the Big Island and Maui and processed pakalolo goes over the Superferry all the time. Anderson is hesitant about stepping out of the black market and into compliance. He says growing pot in his yard in ‘Aiea is “an open invitation to get robbed,” and he worries about the safety of his wife and children. Yet a secure greenhouse violates his neighborhood homeowners’ association’s rules. Anderson says he’s tried to get an exception from the association but with no luck. And so, feeling he has no choice, construction of the home greenhouse starts soon. The president of his neighborhood’s community association, Donald Devaney, refused comment. PWT has been trying to smooth these wrinkles for Hawai’i residents. “The current law’s kapakahi (or one-sided),” says Brian Murphy, founder of PWT and head of Maui County Citizens for Democracy in Action. His organization began in 2002 and before that, Murphy lobbied for drug law reform in Virginia and California. He’s been largely responsible for many of the bills debated by the Hawai’i Legislature in past years. “I could be a millionaire right now and no one would know who I was if I just wanted to deal pot,” he says. He goes on to say he’s not in it for money. Proof of this, he claims, is in the fact that he wouldn’t be testifying to change laws in Honolulu, organizing petition drives and openly operating if he were. Murphy says he’s been with too many suffering people, literally at their last dying breaths, not to do something. “I couldn’t face myself in the morning if I didn’t help people on a personal level.” Besides disseminating information, PWT received marijuana from caregivers and gave it to patients. Both were members of the cooperative, and patients paid a “storage fee” which was waived if a patient couldn’t pay, according to Murphy. But on Nov. 11 Maui Police completed a two-year investigation dubbed “Operation Weedkiller,” which culminated in the arrests of Murphy and six others. Charges range from criminal conspiracy to commercial promotion of marijuana. Their trial is scheduled for February 2009. Hawai’i lawmakers have indicated a strong interest in looking at the need for programs like Murphy’s PWT. As recently as last legislative session, they passed a bill creating a task force to study the efficacy of the medical-marijuana program in its current form. But, Gov. Linda Lingle vetoed it, saying a task force would just be looking to “circumvent federal law.” Maj. Frank Fujii, spokesman for the Narcotics and Vice squad at the Honolulu Police Department agrees with Lingle’s sentiment, saying, “The HPD will continue to take a strong stance against the medicinal use of marijuana because it is still a violation of federal law. The U.S. Supreme Court has held that smoked marijuana is not ‘medicine.’ Further, the Food and Drug Administration has never approved smoked marijuana as a medicine.” But Rep. Joe Bertram III (D-South Maui) says that’s just a smoke screen. He says there are plenty of state laws in opposition to federal laws and that the police and the governor work for the state, not the federal government. “They’re actually abrogating their responsibility as employees of the state. The attorney general said this himself,” Bertram said. He plans to reintroduce the bill in the upcoming 2009 legislative session as well as a bill to create centralized, secure-growing facilities for medical-marijuana patients. And to try and eliminate the stigma he sees against cannabis, he says he’ll be growing ganja in his Honolulu legislative office this year. “That way people will be able to see it’s just a plant. It grows. You can touch it.” Bertram is currently a registered medical-marijuana caregiver with the state Narcotics Enforcement Division. Still, if past performance is an indicator of future action, most of Hawai’i law enforcement’s top brass will come out against any changes to the status quo. Keith Kamita, administrator of the Narcotics Enforcement Division calls marijuana and alcohol “gateway drugs.” Thomas Phillips, Maui Chief of Police Chief, testified in January 2008 against the proposed task force saying, “It is no wonder that we consistently rank in the top seven states in the nation in regards to marijuana plants eradicated, and consequently have one of the worst crystal methamphetamine problems in the nation.” Many police officers cite cases where licensed caregivers have sold weed to unlicensed users and dealers. United against cannabis, Kamita and Fujii also agree that though the current law requires it, it can be dangerous for patients to grow their own. “Anytime you grow marijuana there is a strong probability that other people will learn of the activity. This increases your risk to fall victim to robbery, burglary, and/or theft,” Fujii said. Sen. Will Espero (D–’Ewa Beach to Lower Waipahu) is the chair of the Public Safety Committee overseeing Hawai’i’s medical-marijuana program. He said the debate raises a number of concerns: “Can patients reasonably grow it themselves? What if we were asked to grow all our own vegetables to sustain ourselves? Could we?” He says he doesn’t know of any recent studies looking at the program and perhaps with the change of administration, now would be good timing. It seems he’s not alone. Last February, the American College of Physicians, the second-largest doctors’ professional organization in the U.S., publicly opposed laws outlawing medical-marijuana, calling for an end to the federal ban on medical use and for more funding for research. Meantime, back in ‘Aiea, Anderson struggles to control his migraines and keep working. In October, he agreed to launch a Honolulu chapter of Americans for Safe Access, a national medical-marijuana advocacy group. “I was looking to become a member,” he recalls. “Instead of sitting back and waiting for laws to get changed, If nobody else is gonna do it, I might as well.” ###
Seven Maui Men Arrested For Marijuana Drug Trafficking Pubdate: Thu, 13 Nov 2008
Source: KHNL NBC8 (Honolulu, HI)
WAILUKU, Maui (KHNL) - Seven Maui residents were arrested and charged for marijuana drug trafficking Tuesday. The seven men were: 53-year-old Brian Murphy of Paia, 31-year-old Brian Igersheim of Makawao, 58-year-old Robert Armitage of Wailuku, 54-year-old Douglas Kaleikini of Wailuku, 40-year-old John Cooper of Kihei, 48-year-old William Cox of Haiku and 48-year-old Stuart Hirotsu of Wailuku. Officials say a total of about 335 marijuana plants, 2,300 grams of processed marijuana, 4,830 grams of unprocessed marijuana, 32 grams of hashish, 100 marijuana laced candies, one vehicle and more than $14,000 in cash were recovered during the investigation. The arrest of the men was a result of a two-year investigation called Operation Weedkiller, which officials say, dismantled a marijuana drug trafficking organization, operating under Hawaii's medical marijuana laws. The investigation revealed that the men operated as an organized crime entity, where they had several people involved in an illegal enterprise. It included hired people to protect the illicit business of Patients Without Time (PWT). Officials say the men used PWT and the medical marijuana laws to disguise their drug trafficking organization. The investigation is still ongoing.   
  
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Marijuana Fight Still Priority
Big Island Police: No change in enforcement despite ballot initiative Pubdate: Mon, 10 Nov 2008
Source: Honolulu Advertiser (Honolulu, HI) HILO, Hawai'i — Big Island County police and federal authorities say they will continue enforcing marijuana laws despite the passage of a ballot initiative making it the lowest priority for law enforcement. Voters approved the measure 34,957 to 25,464 in last week's election. Police Chief Lawrence Mahuna said the measure is a resolution, not a law, and added, "there will be no change how we prioritize the enforcement of marijuana. The resolution does not invalidate federal law. It doesn't legalize marijuana. It's still a Schedule 1 controlled substance, he said. "We will continue in our efforts to reduce the availability of illegal marijuana," he said. County Corporation Counsel Lincoln Ashida disagreed with Mahuna's assertion that the approved measure isn't a law. The county Charter states an initiative approved by voters becomes a county ordinance, or law. Ashida said that under the new law, the County Council can't accept funds for marijuana-eradication programs, and the county clerk must send an annual letter to state and federal elected officials requesting that "government remove criminal penalties for the cultivation, possession and use of cannabis for adult personal use." Meanwhile, the U.S. Drug Enforcement Agency said passage of the initiative won't change its approach to the enforcement of federal law. "In a nutshell, we're going to continue to enforce the drug laws, which includes marijuana," said Tony Williams, DEA assistant special agent in charge, speaking from Honolulu. He said the focus will remain on those who cultivate marijuana and distribute narcotics. The initiative was pushed by the group Project Peaceful Sky, whose director, Adam Lehmann, said the measure doesn't decriminalize marijuana. "It's only for adult personal use on private property," he said. Hawai'i County Prosecuting Attorney Jay Kimura called the initiative unenforceable, but said he would consult with the state attorney general to see what could be done to implement it. Information from Hawaii Tribune-Herald, www.hilohawaiitribune.com. ### Big Island Police Chief Disputes Marijuana Initiative Is Law Pubdate: Fri, 7 Nov 2008
Source: Honolulu Advertiser (Honolulu, HI)
HILO, Hawai'i — Hawai'i County police and federal authorities say they will continue enforcing marijuana laws on the Big Island despite the passage of a ballot initiative making it the lowest priority for law enforcement. Voters approved the measure 34,957 to 25,464 in Tuesday's election. Police Chief Lawrence Mahuna said the measure is a resolution, not a law, and added, "there will be no change how we prioritize the enforcement of marijuana. The resolution does not invalidate federal law. It doesn't legalize marijuana. It's still a Schedule 1 controlled substance, he said. "We will continue in our efforts to reduce the availability of illegal marijuana," he said. County Corporation Counsel Lincoln Ashida disagreed with Mahuna's assertion that the approved measure isn't a law. The County Charter states an initiative approved by voters becomes a county ordinance, or law. Ashida said that under the new law, the County Council can't accept funds for marijuana-eradication programs, and the county clerk must send an annual letter to state and federal elected officials requesting that "government remove criminal penalties for the cultivation, possession and use of cannabis for adult personal use." Meanwhile, the U.S. Drug Enforcement Agency said passage of the initiative won't change its approach to the enforcement of federal law. "In a nutshell, we're going to continue to enforce the drug laws, which includes marijuana," said Tony Williams, DEA assistant special agent in charge, speaking from Honolulu. He said the focus will remain on those who cultivate marijuana and distribute narcotics. The measure was pushed by the group Project Peaceful Sky, whose director, Adam Lehmann, said it doesn't decriminalize marijuana. "It's only for adult personal use on private property," he said. Hawai'i County Prosecuting Attorney Jay Kimura called the initiative unenforceable, but said he would consult with the state attorney general to see what could be done to implement it. ###
Michigan Voters Approve Medical Marijuana Measure Pubdate: Wed, 5 Nov 2008
Source: Associated Press (Wire)
Detroit, MI -- Voters in Michigan overwhelmingly approved a medical marijuana ballot measure -- making it one of a quarter of states to allow severely ill patients to use the illegal drug. The measure passed in every county. With 96 percent of the precincts reporting, 63 percent, or 2,983,388 people, voted "yes" on Proposal 1, which removes state penalties for registered patients to buy, grow and use small amounts of marijuana. Thirty-seven percent, or 1,778,939 voters, were opposed.
Opponents again were unable to derail the measure. In fact, only one state, South Dakota, has failed to OK a ballot attempt. Of the 12 other states with medical marijuana laws, eight stemmed from ballot initiatives; four were enacted by state legislatures. "I think it's a real victory for the patients and their families," said Dianne Byrum, spokeswoman for the support group Michigan Coalition for Compassionate Care. "I just had a feeling from the very beginning this was going to pass, and it was going to resonate with the voters. ... "Voters knew right from the beginning the medical value of marijuana." Michigan Court of Appeals Judge Bill Schuette, chairman of the opposition group Citizens Protecting Michigan's Kids, said he was disappointed with the outcome but not the effort. "It appears we came up short," he said. "We waged a good campaign, a hard-fought campaign. But we were severely underfunded, and that's always a challenge." The opposition included more than two dozen medical, law-enforcement, anti-drug and other organizations, including the Michigan State Medical Society, the Prosecuting Attorneys Association of Michigan and Citizens for Traditional Values. In campaign finance reports for the period through Oct. 19, proponents reported raising $1.5 million, most of which came from the Marijuana Policy Project in Washington, D.C. The opposition group raised $125,500 for the same period. While the measure will remove state-level penalties for registered patients using marijuana, it won't create legal dispensaries for the drug. Nor will it affect the federal ban on marijuana, which makes possessing marijuana for any purpose illegal. ###
Federal Court Rules U.S. Government May Not Deliberately Subvert State’s Medical Marijuana Laws FOR IMMEDIATE RELEASE
CONTACT: media@aclu.org
SAN JOSE, CA - In a first-of-its-kind ruling, a federal court today held that the U.S. Constitution bars deliberate subversion by the federal government of state medical marijuana laws. "Utilizing selective arrests and prosecutions, the federal government has sought to sabotage California’s reasoned approach to medical marijuana use," said Graham Boyd, Director of the ACLU Drug Law Reform Project. "For the first time, a court has recognized that a calculated plan by the federal government to undercut state medical marijuana laws is patently unconstitutional. Today’s decision forecasts an end to any organized federal effort to sabotage state medical marijuana laws." While previous high-profile cases affirmed the federal government’s power to enforce federal drug laws against individual medical marijuana patients and providers on a case-by-case basis, today’s ruling clearly recognizes that a calculated pattern of federal enforcement can render state medical marijuana laws effectively inoperable, which would violate the Tenth Amendment of the U.S. Constitution. "It is obvious to anyone paying attention that federal officials have gone to great lengths to sabotage state efforts to allow for appropriate medical marijuana use," said Boyd. "The court made clear that this deliberate interference - once proved - would be unequivocally unconstitutional." The case, County of Santa Cruz v. Mukasey, originated in 2003 when Bingham McCutchen LLP and the Drug Policy Alliance, along with private attorneys Gerald F. Uelmen and Benjamin Rice, sued the federal government for raiding a Santa Cruz-area medical marijuana cooperative, the Wo/Men’s Alliance for Medical Marijuana. The ACLU and others argued, and the court agreed, that the U.S. Constitution permits states to determine for themselves what is legal and what is illegal under state law, and that the federal government may not deliberately undermine this process. "The federal government has purposely set out to systematically subvert California’s medical marijuana program," said Daniel Abrahamson, director of legal affairs for the Drug Policy Alliance. "Let us hope that this ruling leads to the merciful end of the federal government’s cruel war on sick and dying medical marijuana patients." In today’s ruling, which rejected the federal government’s motion to dismiss the case, Judge Jeremy Fogel of the U.S. District Court for the Northern District of California, San Jose Division, relied on U.S. Court of Appeals for the Ninth Circuit Chief Judge Alex Kozinski’s opinion in Conant v. Walters, which stated, in part, "Applied to our situation, this means that, much as the federal government may prefer that California keep medical marijuana illegal, it cannot force the state to do so." In addition to U.S. Attorney General Michael Mukasey, the lawsuit names as defendants U.S. Drug Enforcement Administration (DEA) agents involved in the raid of WAMM, and administrators of the DEA and Office of National Drug Control Policy. The court’s ruling is available for for viewing and downloading here. ###
Beware Of Fraudulent Primary Caregivers in HawaiiHawaii Medical Marijuana patients need to be cautious about who they assign as their primary caregiver, or the person that is registered with the state to grow their medicine. It has been reported to us that there is a gentleman here on Oahu that is growing medical marijuana for multiple patients as their primary caregiver, and charging the patients a fee for growing their medication for them. During the grow season of the medication the "caregiver" keeps the patients well informed of their medications progress, and even sends photos of their grow to the patients. Unfortunately when it comes time for the harvest of their medication, their "caregiver" disappears and can not be contacted by the patients so that they can receive their medication. The patients have enough stress in their lives already with constantly worrying about the conflicting state and federal laws, and now some are having to worry if they will even receive their medication that they have waited months to have grown for them. This "caregiver" is actively trying to find additional patients in Hawaii that he can deceive with his scheme. Please do not become a victim of this predator. Make sure that anyone you are considering using as your primary caregiver is well known by yourself, preferably a family member, or close friend and not someone you just met online. ###
California Supreme Court Makes Medical Cannabis Victory FinalOn Thursday, the California Supreme Court decided not to hear an appeal from San Diego County in their attempt to invalidate California's medical cannabis ID card program. The refusal by the state's highest court means that ASA's July victory in the appellate court stands, and the decision that federal law does not trump state law is final.
ASA intervened in the lawsuit on behalf of patients in 2006, after San Diego County refused to issue state medical cannabis ID cards to patients, as required under Senate Bill 420, passed by the California Legislature in 2003. Both superior and appellate courts ruled in our favor, affirming that counties cannot just decide for themselves whether or not to follow the law. The Supreme Court¹s decision not to hear an appeal means that because of our victory, San Diego and all other counties must implement California law.
After we won in appellate court, ASA's Chief Counsel, Joe Elford, contacted every county in California that had followed San Diego's lead by refusing to initiate the program. Elford made it clear to these hold-out counties that it is against the law for them not to implement the ID card program, and that we were watching them closely. As a result, two California counties, (Fresno and Kings) voted to issue the patient ID's almost immediately. Now, ASA is again following up with a warning for remaining California counties that refuse to obey the law. According to Elford, "We are prepared to commence litigation."
The implications of the San Diego victory are far-reaching. Elected officials at every level of government often cite federal law as a reason not to obey California voters. And officials across the country who are looking at medical cannabis in their own states are often unsure if federal law trumps state action. With this case they'll know it does not. ### | | Legal Protection Is Now Available To Protect Your RightsJuly 15, 2009
Honolulu, Hawaii
By RC Anderson, Ph.D. We are very concerned with protecting the rights of our members, and because of this an affordable legal protection plan is now being made available to or members at a monthly rate that they can actually afford, but cant afford not to have. This plan will help them in protecting their rights against unjust and illegal police interference with their participation in the Medical Marijuana Program. Under this program, members would have 24 hour telephone access to one of the top law firms in Hawaii in the event of an arrest, detainment, search warrant, CPS child removal or other similar emergency situation. This 24 hour access to an attorney is PRICELESS. Members would also be able to contact their attorney during regular business hours an unlimited amount of times for advice on any legal situation and have their attorney draft an unlimited amount of letters and make phone calls on behalf of the member. This part of the service alone could save the members thousands of dollars each year. Other services also included in the plan including traffic violation representation, IRS audit representation, 75 hours of trial defense for law suits, identity theft monitoring and restoration services, free will preparation and yearly updates, and more. The registration card that you receive from the state (sometimes referred to as a "blue card") does not keep the police from confiscating your medicine and arresting you for possession, use, or growing it. According to Hawaii law, "A qualifying patient or the primary caregiver may assert the medical use of marijuana as an affirmative defense to any prosecution involving marijuana under this [part] or chapter 712; provided that the qualifying patient or the primary caregiver strictly complied with the requirements of this part." This will not keep the police from arresting you and confiscating your medicine, it is to be used as an "affirmative defense" in court. Before you even get to that point, you have already had your medicine confiscated and destroyed, possibly been arrested and had to bail yourself out of jail, then hire an attorney to represent you in court for anywhere from $300 to $500 an hour on average, just so that you can show the judge your "blue card" and have the case dismissed and the charges against you dropped. Protect yourself and your legal rights today before the unthinkable happens to you. It has already happened to some of our members, and it will continue until the laws are changed. Some of our members are already utilizing this service and they are getting positive results because of it. All of these extremely important services are available to you for less than the price of a cup of coffee per day. To find out more about this affordable legal protection contact Dr. Anderson at 808-233-9803 to schedule a 15 minute presentation of the program where all of your questions about the program and how it works will be answered. If you are interested, we can also show you a way that you can receive this legal protection services for free. Don't wait until its too late and your rights have been violated, your plants confiscated and you unjustly face arrest and prosecution for being a medical cannabis patient. ###
Hawaii Medical Cannabis Task Force Bill Goes To GovernorMay 5, 2009
Honolulu, Hawaii
By RC Anderson, Ph.D. SB 1058 SD2 HD2 CD1 which sets up a task force to study Hawaii's medical cannabis program has passed its final reading and now goes over to Governor Lingle's desk for her approval. She has three options available to her: Her first option is she can sign the bill making it become law immediately. Her second option is she can veto the bill, thereby requiring us to have 75% in the house and 75% in the senate to override her veto, which we are very confident that we have this year. Her final option is to do nothing until the expiration date of July 15th at which time the bill becomes law without her signature. Basically, she can not stop the task force from happening this year, and many believe that she is aware of that fact. For this reason we do not believe that she will veto the task force bill this year, however many do not believe that she will sign the bill either because it may be seen as "political suicide" for any future political aspirations that she may have in D.C. after her term as governor is finished next year. For these reasons, we believe that she will do nothing, and allow the bill to become law without her signature on July 15th. This way she is able to "save face" with her political party while still allowing the bill to go through and not alienating herself from the majority of the legislators who want the task force to be installed. ###
Honolulu Chapter Soars to Over 100 MembersMay 1, 2009
Honolulu, Hawaii
By RC Anderson, Ph.D. In just two and a half days this past week the Honolulu ASA chapter's membership jumped from approximately 35 members to just over 100 members. We have employed a new strategy to reach the new and recertifying medical cannabis patients by having a physical presence inside the office of one of the largest and most active "recommending physicians" in Hawaii. This way we are able to reach the patients as soon as they become cannabis patients, and also reach recertifying patients who have already seen the problems with the current system and want to see changes made to it. With this new strategy, we should be able to add an average of 50 to 75 new members to our chapter each month. We are determined to have one of the largest, and most active ASA chapters in the country by this time next year so that we can get positive changes made to the Hawaii program. ###
DEA Ignores Policy, Raids San Francisco Dispensary
Raids Defy U.S. President and Attorney General, and need your response! Pubdate: Thurs, 26 March 2009
Source: Americans For Safe Access - Oakland California
George Pappas Dear ASA Supporter, We never expected that the DEA would defy the public statements of both the U.S. President and the Attorney General in such an arrogant and brazen way. And yet yesterday, the Drug Enforcement Administration raided a legal, permitted San Francisco medical cannabis dispensing collective against the will of the President and the Department of Justice... and we need you to respond RIGHT NOW! In early February national media attention exploded around statements from a White House spokesperson and from U.S. Attorney General Eric Holder, telling the press that DEA raids would no longer continue, and that an end to such raids, according to Holder, was “now U.S. policy.” And DEA's response? They thumbed their noses at the President and immediately raided a legal dispensing collective and, according to the San Francisco Police, did not even inform local cops! DEA claimed that the permit-holding dispensary was "violating state law," but went on to say that evidence was "under seal" and could not be shared with the public. The DEA is out of line and out of control, and this raid is nothing if not vindictive. Even if there was a violation of state law: 1. Why where there no arrests?
2. Why were local cops not involved?
3. Why are United States Federal Agents interpreting and enforcing California state law without consulting California officials?
4. Why was the collective not given due process through the proper authorities, but rather ransacked with a "smash and grab" raid? DEA has twisted the words of the U.S. Attorney General, and thought that by saying publicly "they violated state law" that they could continue raiding whenever they want. Well that doesn’t fly. We DEMAND that the DEA stop immediately, and that U.S. Attorney General Eric Holder reprimand DEA Administrator Michele Leonhart for her blatant insubordination and violation of the “new American policy.” Now it's up to you, and all it takes is two phone calls, one to U.S. Attorney General Eric Holder, and the other straight to the DEA. Please call the U.S. Attorney General at (202) 353-1555 and say: Hi, my name is _____________. First I want to thank you for your numerous public statements verifying the end of DEA raids on legal medical marijuana dispensaries in California. But on Wednesday the DEA went against your word and the word of the President of the United States by raiding a permitted dispensary in San Francisco. We respectfully demand that you issue a statement condemning and officially ending these raids until the Obama Administration has had a chance to review the new policy. When you’re done, call the DEA at (202) 307-8000, ask for Administrator Michele Leonhart, and say: Hi, my name is ___________. The U.S. Attorney General and the President of the United States have both made high-profile public statements, saying DEA raids on legal medical marijuana dispensaries is no longer U.S. policy. Yet your DEA raided a legal, permit-holding San Francisco dispensary yesterday, in conflict with these statements. This disgraceful and anti-democratic. Why is your agency not listening to the policy statements of our elected leaders and your boss? Is this how you'll run DEA if you are appointed in the Obama Administration? We demand that you STOP it immediately! Sincerely, George Pappas
Field Coordinator
Americans for Safe Access ###
Charles Lynch Sentencing PostponedMarch 23, 2009
Los Angeles, California Today Charles Lynch was to be sentenced in Federal Court, but Judge Wu ordered the Government to state the New Federal Policy Regarding Medical Marijuana Dispensaries. Judge said the New Policy would not change the conviction but may guide him in sentencing. The New Sentencing date is set for: April 30, 2009 at 10:30am
312 Spring Street,
Los Angeles CA For more information visit www.FriendsofCCL.com ###
Legislature Fails Terminal Medical Marijuana Patients Wed, 19 Nov 2008 Source: Hawaii Reporter (Honolulu, HI)
By RC Anderson, Ph.D.The recent arrests of the seven medical marijuana advocates on Maui are a direct result of our legislature’s failure to act. For years we have been asking the Hawaii State Legislature to change the medical marijuana laws in Hawaii so that it is a viable program, and for years the patients and terminally ill of Hawaii have been ignored by the very people that we have elected into office to represent the needs of the citizens. There are currently over 4,000 medical marijuana patients in the State of Hawaii that are legally licensed by the Department of Public Safety – Narcotics Enforcement Division to use cannabis for medicinal purposes, yet the Hawaii Legislature has not come up with any safe legal means for these patients to obtain their medicine. Medical Marijuana has been legal in Hawaii for eight years now, and in that eight years our State Representatives and State Senators have failed to provide much needed changes to the laws that have been asked of them year after year by the patients, their caregivers, and those in the medical profession. Our legislature has failed us. This year both the House and the Senate agreed that a temporary task force comprised of state officials, physicians and patients should be set up to finally talk about the possibility of changes, not to make any changes mind you, just to talk about the possibilities. Governor Linda Lingle, who in her 2002 campaign signed a written promise to uphold the Hawaii Medical Marijuana Laws, decided that we could not legally even talk about the possibility of changes that could be made and vetoed the bill. In her official veto statement she said “This bill is objectionable because it is an exercise aimed at finding ways to circumvent federal law.” Governor Lingle was not elected to the office she holds to enforce federal law, she was elected to office to enforce Hawaii State Law. She has clearly broken her 2002 campaign pledge to uphold the Hawaii Medical Marijuana Laws. The Senate voted overwhelmingly (21-1) to override the Governor’s veto, however the House let us down once again. These seven brave individuals felt an overwhelming need to try to fulfill the urgent need in Hawaii of the legally registered patients who cannot legally obtain their much needed medicine, or grow it themselves. Many patients live in apartment complexes, government assisted housing, or other areas where growing is impossible, not to mention the fact that to grow high quality medical grade cannabis requires expertise that many terminally ill patients do not have. Many also live in areas where it is unsafe for them to grow their own medication. They were not selling the marijuana to make a profit, as is being reported, groups like this barely break even on the costs to grow the medication for the patients with the donations they receive for it. Patients Without Time strictly limited the medication to legally registered patients. They were not drug dealers out on the streets selling to anyone that came along, they supplied medication to disabled and seriously ill patients that desperately needed it. Our legislature has failed to provide a system to fill the gaps that keep it from being a viable program, and until they do, people with compassion for others are being forced to act on their own to see that the patients are able to receive their medication. I am not saying that this is right, or that it is legal, but until the legislature acts as they have been pleaded with to do, many feel that they do not have a choice. Throughout this election season we kept hearing everywhere that it’s time for change. The medical marijuana patients in Hawaii have been waiting for eight years for change that still has not come. Our legislature has been ignoring our pleas for far too long. Its time for our legislature to act and make the changes that the patients, their caregivers, and physicians have been asking them to make for years. Give us a viable program that actually works and protects the patients of Hawaii. Stop forcing the patients to rely on illegal means of obtaining their legal medication. RC Anderson, Ph.D. is the Director of the Honolulu Americans for Safe Access. See more at http://www.HonoluluASA.org ###
Medical Marijuana Advocate Arrested on Maui Pubdate: Thu, 13 Nov 2008
Source: Honolulu Advertiser (Honolulu, HI)
PA'IA, Maui — The head of a medical marijuana advocacy group on Maui and six other men have been charged with running a drug trafficking ring. The suspects were arrested Tuesday following a two-year investigation surrounding the Patients Without Time organization located on Baldwin Avenue in Pa'ia, said Capt. Gerald Matsunaga of the Maui Police Department. As part of the investigation dubbed Operation Weedkiller, Maui police, assisted by other county, state and federal law enforcement agencies, recovered more than 335 plants, nearly 16 pounds of marijuana, a small amount of hashish and more than $14,000 in cash from several homes and businesses, he said. "They exploited the medicinal marijuana laws to sell marijuana to turn a financial profit," Matsunaga said. State Rep. Joe Bertram III, D-11th (Kihei, Wailea, Makena), today defended Patients Without Time and its director, Brian Murphy, 53, who was indicted on 13 offenses, including criminal conspiracy and commercial promotion of marijuana. Bertram said the organization provides marijuana to the disabled and critically ill patients legally registered under the state's medical marijuana law. "It's a godsend to sick people here on Maui. It's heartbreaking. A lot of people now are left in the lurch. They were getting a medicine that's safe and reliable and now it's gone," Bertram said. "How are these people who have these permits supposed to have access to this medicine that the state said is available to them? This is major problem." Bertram, who obtained a medical marijuana permit in 2005 after suffering a serious illness, said he is not officially connected to Patients Without Time but is familiar with the group. He said any money the organization accepted in payment for marijuana is used to subsidize patients who can't arrange for their own supplies. He said Murphy is "very strict" about making sure marijuana is provided only to certified patients. Murphy did not return calls today seeking comment. Matsunaga said Hawai'i's medical marijuana law does not allow the sale of marijuana, and that the drug ring used Patients Without Time and the state's medical marijuana laws group "to disguise their drug trafficking organization." The illegal enterprise even hired men to provide protection for the illicit operation, he said. ###
A CASE FOR MARIJUANA Pubdate: Thu, 30 Oct 2008
Source: Hawaii Tribune Herald (Hilo, HI)
There is a big difference between condoning marijuana use and protecting children from drugs.
Decriminalization acknowledges the social reality of marijuana use and frees users from the stigma of life-shattering criminal records. What's really needed is a regulated market with age controls.
Separating the hard and soft drug markets is critical. As long as marijuana distribution remains in the hands of organized crime, consumers will continue to come into contact with sellers of hard drugs like crystal meth. This "gateway" is the direct result of a fundamentally flawed policy.
Given that marijuana is arguably safer than legal alcohol -- the plant has never been shown to cause an overdose death -- it makes no sense to waste tax dollars on failed policies that finance organized crime and facilitate the use of hard drugs. Drug policy reform may send the wrong message to children, but I like to think the children are more important than the message.
Robert Sharpe
Common Sense -for Drug Policy
Washington, D.C.
###
Big Island Marijuana Question on BallotPubdate: Wed, 29 Oct 2008
Source: West Hawaii Today (HI)
Vote 'Yes' For Question One On The Ballot
One for all and all for one "for" Ballot Question 1 that is. Finally the Big Island has an opportunity to vote for a cannabis policy that makes sense. If you support medical patients' rights, religious freedom, privacy in the home, the 4th Amendment, a peaceful sky, an efficient court system, space in our prisons, resolving the "ice" epidemic, and meanwhile saving Hawaii County taxpayers millions of dollars each year, then please tell your ohana and your friends to be sure to vote for Ballot Question 1, the "Lowest Law Enforcement Priority of Cannabis."
The only issue addressed in Ballot Question 1 is that of adult personal use. Adult personal use is defined as the use of cannabis "only" by a person 21 or older on private property only. Although the County Council will no longer be allowed to accept funds for the marijuana eradication program ( green harvest ), cannabis laws not described in the lowest law enforcement priority of cannabis will continue to be funded and enforced. Because the adult personal use of cannabis would be law enforcement's lowest priority, police will therefore have more time and resources to resolve the issues that still concern people, issues such as; trafficking, distribution to minors, large grow operations, and the use of cannabis in public places. The police will also have more time and money to focus on serious and violent crimes, such as "ice"-related crime and violence.
advertisementAccording to the three-year study performed in Hawaii by The National Institute of Drug Abuse ( NIDA ), which is the largest federally funded Institute created to resolve drug abuse, "the marijuana eradication program ( green harvest ) has not stopped the cultivation of cannabis in Hawaii, rather it has only limited its supply, which increases its street value, resulting in more crime." The National Institute of Drug Abuse also reported that "a large increase of the use of methamphetamine was related to the marijuana eradication program's implementation."
We aren't reinventing the wheel here, as a matter of fact, we would be joining the likeness of 19 other U.S. municipalities who have voted in favor of similar laws within the past five years, municipalities in states such as Arkansas, California, Colorado, Idaho, Missouri, Montana, Oregon, and Washington. An oversight committee is designated in our new bill to oversee and document details on how the new law is taking effect in our community. In Seattle, their oversight committee just disbanded after three years of determining that the intended results had been achieved -- the number of adult cannabis arrests went down significantly without any increase of the use of cannabis among the youth, no increase in crime, and no adverse impact on public health.
People are tired of seeing money misappropriated away from our schools and healthcare to fund a military-style war on a medicinal plant and the people who use the plant. Ballot Question 1 is a sensible cannabis policy for responsible adults; the issues that concern people will continue to be well addressed, but adult personal use will no longer takes up over $1.1 million each year from our county budget, money that would be a great help toward resolving the "ice" epidemic, especially if the money would be taken away from an effort which perpetuates the crisis and weakens the morale of the community. Last year on the Big Island there was more than one cannabis arrest for every 100 people registered to vote in the county.
Now it's time to save our money and prioritize wisely; please vote for Ballot Question 1 on Nov. 4, and spread the word.
Adam Lehmann
ProjectPeacefulSky.org
Pahoa ###
Vote For CannabisPubdate: Fri, 24 Oct 2008
Source: Hawaii Tribune Herald (Hilo, HI)
I would like to speak to the resolution in November to make cannabis, or marijuana, the lowest law enforcement priority.
Cannabis has been known for its beneficial use as a medicine by ancient peoples since 2800 B.C. Nearly five thousand years later, the State of Hawaii finally realized that they were right and began to allow the use of this medicine for some conditions on April 25, 2005.
Many people in Hawaii are quite familiar with cannabis and already understand its many healing benefits. Officially sanctioned or not, cannabis is one of the safest medicines known to humankind. Unlike both aspirin and Tylenol, cannabis has never caused a single death. Unlike legal tobacco products, 30 years of research has shown that smoking cannabis does not cause lung cancer.
In my capacity as a physician, I have seen first hand the difference this medicine makes in the lives of many of my patients. Diabetic patients experience a healthy drop in blood sugar, as well as a reduction in the effects of neuropathy. Cannabis is quite effective at alleviating the nausea associated with cancer and migraine headaches, as well as many other nauseous conditions. A few of my patients have found their nausea completely controlled by ingesting cannabis in tea or in baked goods. Most patients report that cannabis helps them sleep, without the side effects of "traditional" sleep aids.
Medical science has discovered an "endogenous cannabinoid system" in the nervous systems of human beings. These cannabis receptors are present at birth and, in humans, are found in the circulatory, neurological, endocrine, digestive, musculoskeletal systems, and in the cartilage. In fact, cannabis receptors have been found in every animal on the planet with the exception of only hydra and mollusks. What we could infer from this, is that the human body is designed to interact with the chemicals found in the cannabis plant.
Despite the protests of the American Medical Association, and under questionable pretense, the federal government outlawed cannabis in 1937. The states quickly followed suit, and our government has spent an exorbitant amount of our money incarcerating relatively harmless individuals and destroying one of our safest, cheapest forms of alternative medicine.
If we vote "for" the lowest law enforcement priority, we will be taking a major step towards harmony and health on our island.
Yvonne Conner
Hilo ###
ALCOHOL WORSE THAN POT Pubdate: Thu, 23 Oct 2008
Source: Hawaii Tribune Herald (Hilo, HI)
I still don't know how I'll vote on the ballot issue making marijuana a low law enforcement priority in Hawaii County. As a retired teacher, I think that any substance that our young people use to alter their consciousness will harm their intellectual and interpersonal development.
But after reading Mr. Gagner's views in the Oct. 22 edition of the Tribune-Herald, I was curious, and decided to research his findings. Using the same statistical source Mr. Gagner used, what I found was quite alarming.
According to TEDs, the statistical source used by Mr. Gagner, in 2002 13 percent of ER admissions, or approximately 32,000, were marijuana-use related.
That same year, 47 percent, or approximately 116,000 ER admissions, were alcohol-use related.
If we agree that any substance that sent over 30,000 people to the emergency rooms across America in 2002 ( and inferentially about the same numbers each year ) should be illegal, will Mr. Gagner agree that any substance that sent over 116,000 to U.S. ERs in 2002 ( and inferentially about the same numbers each year ) should be even more illegal, with greater judicial penalties for use and abuse?
And yet we continue to allow alcohol to be legal while we arrest marijuana users. This makes no sense to me.
It makes even less sense if we count those that were injured by the alcohol users. Once we look at that, the numbers go up exponentially. These include family and spousal abuse, fist fights, terroristic threatening and DUIs including vehicular homicides. These kind of collateral injuries are not a significant part of the threat posed by marijuana usage, according to the data.
Applying Mr. Gagner's reasoning and statistical sources, I recommend that if we continue to criminalize the use of substances that cause damage to self, others and property, alcohol must be first among these, with marijuana coming in a distant fifth after methamphetamine, cocaine and opiates.
Although, as I mentioned at the beginning of this letter, I'm still not sure how I'll vote on the ballot initiative regarding making marijuana a low-priority law-enforcement issue, after seeing these statistics, I am convinced that if incidences of harm to self and others is our criteria, alcohol should be criminalized immediately. To do otherwise would be hypocritical.
Francine Pearson
Hilo ###
Stephanie Landa's Sentence Extended, Please Send Support Stephanie Landa, medical marijuana activist, failed a recent drug test administered by the Federal Bureau of Prisons and will have her sentence extended. Her new out date is listed as June 9, 2009. Ms. Landa tested positive for THC, which automatically triggers investigations and hearings. The first of these was done within 48 hours of the incident. Ms. Landa was not allowed to have counsel present. Stephanie has accepted responsibility for this incident and is awaiting assignment to a higher security prison. “Because the federal prison system allows only aspirin or Tylenol her doctor could not provide her with pain medication appropriate to her level of need,”Sarah Armstrong, founder of the Landa Prison Outreach Program said. “He had prescribed the Marinol as a sort of back-up plan, to help alleviate the nausea that chronic pain caused her, and to stimulate her appetite, which tends to disappear when she’s stressed... Her shoulder injury has deteriorated markedly in the 18 months she’s been inside, and she is in unrelenting pain." Right now Stephanie is in the hole, a tiny cell she shares with three other women. They are not even allowed a pillow, much less access to a phone or any other amenities. “I’m convinced the only thing keeping Stephanie sane at this point, is the love and support she receives in the mail,” Ms. Armstrong said. “She will not be allowed any visits for six months, so mail is the only way she can stay connected to the world.” Please write to Stephanie at her new address to show your support:
Stephanie Landa
Prisoner 09247-800
FCI Dublin - Special Housing Unit
5701 8th Street - Camp Parks
Dublin, CA 94568 ### |
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