HOUSE OF REPRESENTATIVES

H.C.R. NO.

230

TWENTY-THIRD LEGISLATURE, 2005

 

STATE OF HAWAII

 
   


HOUSE CONCURRENT

RESOLUTION

 

REQUESTING the legislative reference bureau to conduct a study on the appropriate placement of the medical marijuana program.

 

 

WHEREAS, in 2000, the Legislature enacted Act 228 to permit the use of marijuana by seriously ill persons who met certain criteria; and

WHEREAS, Act 228 was enacted out of compassionate concern for those suffering from cancer, glaucoma, HIV, AIDS, and various other ailments for which cannabis can provide relief; and

WHEREAS, nine other states have similar programs that are typically administered by their departments of health; and

WHEREAS, these programs maintain web sites with information for patients, physicians, and caregivers, and some provide outreach services to educate stakeholders on the procedures for registering and other useful information; and

WHEREAS, Hawaii’s program is housed in the Narcotics Enforcement Division (NED) of the Department of Public Safety which does not provide website information or other forms of outreach; and

WHEREAS, this placement was made out of concern for the security issues surrounding the controlled substance involved; and

WHEREAS, the program does not handle or deal with any marijuana, and there have been no security problems reported; and

WHEREAS, anecdotal reports including a patient survey, indicate that many qualifying individuals find it intimidating to register with a law enforcement entity; and

WHEREAS, similar reports indicate that there is difficulty enlisting physicians to register patients because they are also reluctant to register with a law enforcement entity; and

WHEREAS, many people who could benefit from the medical use of marijuana are intimidated and thereby excluded from its benefits; and

WHEREAS, the current law requires the Department of Health (DOH) to establish a protocol for adding new covered conditions for which research indicates that marijuana may be helpful, but this has not been accomplished; and

WHEREAS, the program has now been in effect for five years and there has been sufficient time to assess its effectiveness; and

WHEREAS, one of the aspects of evaluation is whether its placement in the NED is antithetical to the compassionate intent of the Legislature; and

WHEREAS, an evaluation could also determine whether the program's placement in the NED is having the unintended consequence of discouraging patients and physicians from registering, thereby rendering patients fearful of arrest by state or local authorities; now, therefore,

BE IT RESOLVED by the House of Representatives of the Twenty-third Legislature of the State of Hawaii, Regular Session of 2005, the Senate concurring, that the Legislative Reference Bureau (LRB) is requested to conduct a study of the placement of the states' medical marijuana program and to determine whether it would be more appropriately placed in DOH; and

BE IT FURTHER RESOLVED, that the study should examine comparable programs in other states to assess their effectiveness in terms of community outreach and education, percentage of qualifying patients who register, and number of participating physicians; and

BE IT FURTHER RESOLVED, that the study include:

(1) A review of the divisions in the departments of health in which the various state medical marijuana programs are housed, for example placement in the Bureau of Vital Statistics in Colorado; and

(2) Proper placement of the medical marijuana program to comply with the original intent of the Legislature and to best meet the needs of qualifying patients and their physicians;

and

BE IT FURTHER RESOLVED, that LRB submit a report of its findings and recommendations, including proposed legislation, to the Legislature no later than 20 days prior to the Regular Session of 2006; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Director of Public Safety, Director of Health, and Director of the Legislative Reference Bureau.

 

 

 

OFFERED BY:

_____________________________

Report Title:

Medical Marijuana Program; LRB Study