Bill creating a University of Hawaii Research Grant for Medical Marijuana

Report Title:
Medical Marijuana, University of Hawaii Research Grant

Description:
A Bill that creates a grant for funding the University of Hawaii to study the medical efficacy of marijuana. The University will report to the legislature its findings and recommendations. The legislature shall consider the findings and recommendations of the University and hold hearings to discuss rescheduling marijuana as a Schedule III controlled substance.

A BILL FOR AN ACT

RELATING TO MEDICAL MARIJUANA

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

Section 1. The legislature finds that the State's medical marijuana program, enacted into law in 2000 in Act 228, Session Laws of Hawaii 2000, and codified in part IX, chapter 329, Hawaii Revised Statutes, is a public health program conceived out of concern for the health and welfare of Hawai'i's ill citizens.

The purpose of this Act is to create a grant for funding the University of Hawaii to study the medical efficacy of marijuana. Accurate research on the medical efficacy of marijuana is in the best interests of the State and the State's medical marijuana patients. Because the federal government chooses to ignore research supporting the medical efficacy of marijuana, while attempting to block further research within the U.S., it is up to the states to move forward.

The Food and Drug Administration's mission statement declares that speeding along innovations that make medicines and foods more effective, safe, and affordable is a primary goal, but has failed to uphold this ideal as it relates to medical marijuana. The FDA has also failed to honor the portion of its mission statement that directs the organization to help the public get the accurate, science-based information they need to use medicines and foods to improve their health in regard to marijuana.

It is widely recognized that there are numerous delivery methods for marijuana besides smoking; vaporizing, sublingual tinctures, topical ointments, and edibles have been effective in relieving pain and symptoms for many of Hawaii's qualifying medical marijuana patients. However, when denying the medical efficacy of marijuana, federal agencies frequently claim that smoked marijuana is not medicine.

The State of Hawaii therefore requests a grant for funding to the University of Hawaii to study the medical efficacy of marijuana and different forms of delivery. The University shall report to the legislature its findings and recommendations. The legislature shall consider the findings and recommendations of the University and hold hearings to discuss rescheduling marijuana as a Schedule III controlled substance. Marijuana is currently a schedule I controlled substance, which is a category reserved for substances that have no medical value. This is clearly not reflective of current scientific research, public opinion, or the legislative action of Hawaii and at least 11 other states that have passed medical marijuana laws.

If the findings of the University's study confirm the opinions of Hawaii's legislature, qualifying medical marijuana patients, medical professionals, and the scientific community by finding marijuana to have medical value via various methods of delivery, the State of Hawaii shall hold hearings to discuss rescheduling marijuana as a schedule III controlled substance and shall request the federal government to do the same.

Although the FDA has failed to live up to its own standards when it comes to conducting, encouraging, or otherwise facilitating research on the medical efficacy of marijuana, it feels comfortable stating that marijuana has no currently accepted medical use in treatment in the United States. Much of this opposition is based on outdated research that looks at smoking as the only method of ingestion. Because of the FDA's refusal to conduct further research on the other methods of delivery, the state of Hawaii finds that it is necessary to undertake this task.

In 2000, Hawaii passed SB 862, which states: "The legislature finds that modern medical research has discovered a beneficial use for marijuana in treating or alleviating the pain or other symptoms associated with certain debilitating illnesses. There is sufficient medical and anecdotal evidence to support the proposition that these diseases and conditions may respond favorably to a medically controlled use of marijuana."

Drug Enforcement Agency Administrative Law Judge Mary Ellen Bittner ruled in February 2007 that "the private growth of marijuana for medicinal research is in the public's interest."

Because of the failure of the federal government to follow established mission statements and the advice of its own employees, the state of Hawaii hereby creates a grant for funding to University of Hawaii to study the medical efficacy of marijuana.