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The two medical marijuana bills in Hawaii were passed by the full Senate and full House of Representatives yesterday!  (more)


Legislators approve marijuana proposals; Cayetano favors medical use

By Lynda Arakawa
and Kevin Dayton
Advertiser Capitol Bureau

Both the state House and Senate yesterday approved bills legalizing marijuana use for medical purposes, which means such a measure is extremely likely to become law.

This is the first time measures authorizing medical marijuana have cleared both houses of the Legislature.

Gov. Ben Cayetano has said he favors allowing marijuana to be used for medical purposes, so a veto is unlikely. The state Department of Health has said marijuana should be available to treat symptoms associated with cancer, AIDS and other conditions.

Six other states — California, Arizona, Washington, Maine, Oregon and Alaska — have approved marijuana for medical uses, although federal law still prohibits it. With such conflicting laws, users could face federal but not state prosecution.

The measure barely passed the Senate, 13-12. A similar bill passed easily in the House, 32-18.

Sen. Norman Sakamoto (D-Moanalua, Salt Lake) said the bill’s intent to ease patients’ pain is “commendable,” but that it “opens floodgates to a lot of problems.”

He said legalizing medical marijuana would tempt people to break the law and make the drug accessible to those who are not qualified to use it. Sakamoto also said he had questions about how marijuana would be distributed and cultivated.

Sen. Jonathan Chun (D-S. Kauai, Niihau) said that marijuana is associated with lung damage and loss of short-term memory and that legislators, who have no medical background, should not make decisions about legalizing drugs.

“I believe we should stick with the tried-and-true method that if there is a drug that should be legalized, it should go through the regular process of the federal drug agency,” he said.

But Sen. Sam Slom (R-Waialae Iki, Hawaii Kai) said some of his family members have suffered excruciating pain. “For them, whatever is an option,” he said. “As a son, as a relative, as someone who cares, I want them to be able to do it. Government has been standing in the way.”

Senate Judiciary Committee Co-Chairman Matt Matsunaga (D-Waialae, Palolo) said such a law would not send the wrong message to children, who he said can and should be taught the difference between medicine and drug abuse.

“Harsh, uncompassionate laws, those that criminalize patients who receive medicine — that sends a wrong message to children,” he said.

The medical marijuana bills, as well as other bills passed yesterday, will now go to the other legislative house for review.

Lawmakers also passed the following measures yesterday:

Civil service. The House and Senate approved differing bills designed to overhaul the state civil service and collective bargaining systems.

House Majority Leader Ed Case last week said he had deep misgivings about the House version of civil service overhaul, calling the House bill a rejection of Cayetano’s effort to modernize state government.

Last night House Republicans offered a floor amendment that would have replaced the House draft with Cayetano’s original bill, but Case and the other House Democrats voted the amendment down.

Case said he is still unhappy with the House bill, but intends to work during the rest of the session to try to get a better bill approved.

Minimum wage. The Senate voted 19-6 to pass a bill to raise Hawaii’s $5.25-an-hour minimum wage by 25 cents in 2001 and another 25 cents in 2002.

The House passed a different version that would increase the minimum wage to $5.75 in one step effective Jan. 1, 2003.

Hate crimes. The Senate voted 19-6 to pass a bill that would extend sentences for criminal offenders who select their victims by such factors as race, religion, gender or sexual orientation.

Firearms re-registration. By a 18-7 vote, the Senate passed a bill that would require re-registration of firearms by mail and requires a firearm owner ID card to be presented to buy ammunition. The House also passed a version requiring re-registration every five years.

Educational accountability. Both houses passed bills requiring the state Department of Education to implement the educational accountability system for Hawaii’s public schools. 




 

The two medical marijuana bills in Hawaii were passed by the full
Senate and full House of Representatives yesterday!

The Hawaii House of Representatives passed H.B. 1157 / SD 2 by a 32-18
vote (with one state representative not voting). The Hawaii Senate
passed S.B. 862 / SD 2 by a 13-12 vote.

MPP would like to thank the ACLU of Hawaii, the Drug Policy Forum of
Hawaii, the Drug Reform Coordination Network, and all citizens of
Hawaii who helped put pressure on their state legislators to pass
these important bills.

This is only the third time in history that both chambers of a state
legislature have passed legislation to protect patients from state-
level prosecution: Maine did so in 1992 and California did so in 1995.
Unfortunately, the governors of both states vetoed those bills. A veto
will not occur in Hawaii, as the Hawaii governor actually introduced
the medical marijuana legislation in the first place!

The House bill now crosses over to the Senate, and the Senate bill
crosses over to the House.

MPP is hoping that this success in Hawaii will provide inspiration to
residents of Maryland -- the only other state that has a chance of
passing medical marijuana legislation this year.


VOTE BREAKDOWN IN THE HAWAII SENATE

S.B. 862 / SD 2 passed the Hawaii Senate on March 7 by a 13-12 vote!
The 13 "yes" votes were supportive of making marijuana medically
available -- 11 are Democrats and 2 are Republicans ...

Anderson (R)
Bunda
Chumbley
Fukunaga
Hanabusa
Ihara
Kanno
Levin
Matsunaga
Mizuguchi
Oakland
Slom (R)
Taniguchi

The 12 "no" votes (all Democrats) were opposed to making marijuana
medically available ...

Buen
Chun
D. Ige
M. Ige
Iwase
Inouye
Kawamoto
Matsuura
Nakata
Sakamoto
Tam
Tanaka


VOTE BREAKDOWN IN THE HAWAII HOUSE

H.B. 1157 / SD 2 passed the Hawaii House of Representatives by a 32-18
vote (and one state representative did not vote). The 32 "yes" votes
were supportive of making marijuana medically available -- 30 are
Democrats and 2 are Republicans ...

Abinsay
Ahu Isa
Arakaki
Cachola
Case
Catalani
Chang
Fox (R)
Garcia
Goodenow
Hamakawa
Herkes
Hiraki
Ito
Kahikina
Kaho'ohalahala
Kanoho
Luke
Morita
M. Oshiro
P. Oshiro
Saiki
Santiago
Say
Schatz
Souki
Suzuki
Takamine
Takumi
Thielen (R)
Yamane
Yoshinaga

The 18 "no" votes were opposed to making marijuana medically
available -- 8 are Democrats and 10 are Republicans ...

Auwae (R)
Halford (R)
Kawakami
Lee
Leong (R)
Marumoto (R)
McDermott (R)
Menor
Meyer (R)
Morihara
Moses (R)
Nakasone
Pendleton (R)
Rath (R)
Stegmaier
Takai
Whalen (R)
Yonamine

This state representative (a Democrat) did not vote ...

Okamura


OVERVIEW

If H.B. 1157 / HD 2 or S.B. 862 / SD 2 is enacted into law, patients
who use medical marijuana with their doctors' approval will no longer
be subject to arrest and imprisonment under Hawaii state law. It would
also protect physicians from being penalized for recommending the
medical use of marijuana.

The House Health Committee passed H.B. 1157 in February 1999, and the
House Judiciary and Hawaiian Affairs Committee passed the bill with a
7-4 vote on February 29, 2000. On March 7, the full House passed the
bill by a 32-18 vote.

In February 1999, the Senate Health Committee passed S.B. 862, and the
Senate Judiciary Committee passed the measure with a 5-1 vote on
March 3, 2000. On March 7, the full Senate passed the bill by a 13-12
vote.

If both the House and Senate can ultimately agree on the same bill,
then Governor Ben Cayetano will definitely sign it into law, as he has
indicated he remains supportive.