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Lawmakers in Hawaii are shifting focus to refining the state’s medical cannabis system, after efforts to legalize adult-use stalled.
In a recent announcement, Hawaii Gov. Josh Green outlined 19 bills he intends to veto in the upcoming weeks, one of which would have allowed primary care physicians to recommend medical cannabis for any condition, regardless if it is included on the state’s list of qualifying conditions.
Originally, HB 302 sought to expand the state’s medical cannabis program by allowing telehealth visits to qualify. However, the governor vetoed the bill, citing a “grave violation of privacy” in a revision that could have compromised the confidentiality of medical cannabis patients.
After revisions, the bill would have allowed the Hawaii Department of Health to inspect qualifying patients’ medical records they received from a physician, advanced practice registered nurse, or hospice provider. Last month, the Hawaii Senate and House of Representatives approved the bill, but Reps. Kim Coco Iwamoto and Della Au Belatti pointed out some concerns over privacy.
In addition, amendments to the bill would limit recommendations for medical cannabis for conditions outside of the state’s current list to only a patient’s primary care physician, prompting opposition from advocacy groups. These amendments, they believe, would only complicate things.
“This administration remains committed to Hawai‘i’s existing medical cannabis program and supports efforts to expand access to medical cannabis for any medical condition,” the governor’s office said in a statement. “Although this bill’s authorization of medical cannabis certifications via telehealth expands access to medical cannabis, provisions authorizing the inspection of patients’ medical records without warrant constitute a grave violation of privacy. Given that the federal government classifies cannabis as a Schedule I substance, patients’ reasonable fears of repercussions based upon information gained from inspection of their personal medical records may deter patients from participating in the medical cannabis program.”
Hawaii currently allows medical cannabis recommendations for people with amyotrophic lateral sclerosis, cancer, glaucoma, lupus, epilepsy, multiple sclerosis, rheumatoid arthritis, HIV, AIDS, and PTSD, many of which were added in subsequent revisions.
Expanding Medical Cannabis Accessibility in Hawaii
The bill would have amended and added definitions for purposes of the medical use of cannabis law to any condition. It would have authorized provider-patient relationships via telehealth. It would have also set a limit on fees that can be assessed by providers and authorize the sale of hemp products and accessories for the medical use of cannabis at retail dispensing locations, except in waiting rooms.
It would have also clarified transportation requirements for certain inter-dispensary sales of cannabis and manufactured cannabis products, established penalties for the unlicensed operation of a medical cannabis dispensary. Additionally, it would have authorized expenditures from the state’s Medical Cannabis Registry and Regulation Special Fund to fund programs to help control illegal cannabis and hemp products.
The themes of other bills Gov. Green will veto include bills for environmental stewardship, educational access, and public safety.
“Let me be clear: of the 320 bills passed by the Legislature this session, 19 are on our Intent-to-Veto list,” said Gov. Green. “Our team has completed a review of every measure and the overwhelming majority of legislation will become law. Each bill on today’s list is based on thorough legal and fiscal analysis, and as always, was guided by what will best serve the people of Hawai‘i, protect our resources and strengthen our future.”
Meanwhile, fewer Hawaii residents are using regulated medical cannabis dispensaries and lawmakers worry that they resorting to unlicensed CBD stores and the black market. For the time being, legislation is aimed at improving these flaws.
Last February, two Hawaii House of Representatives committees approved a bill—HB 1246—that would legalize adult-use cannabis in the state, but the bill was killed in the Hawaii Senate in April.
“}]] Hawaii Gov. Josh Green outlined 19 bills he intends to veto, one of which would have allowed primary care physicians to recommend medical cannabis for any condition. Read More
