Maui County Family Farmer Regulation and Revenue Ordinance

Section 1: Title
Maui County Family Farmer Regulation and Revenue Ordinance

Section 2: Findings
The people of Maui, Hawai'i find as follows:

WHEREAS: It is the intention of the people of Maui to provide the finest care and to ease the suffering of those citizens who might be in acute pain; and

WHEREAS: Modern research has shown that marijuana is a valuable aid in the treatment of a wide range of clinical applications. These include pain relief -- particularly of neuropathic pain (pain from nerve damage) -- nausea, spasticity, glaucoma, migraines and movement disorders (MS). Marijuana is also a powerful appetite stimulant, specifically for patients suffering from HIV, the AIDS wasting syndrome, or dementia; and

WHEREAS: Dr. Tashkin, the Drug Enforcement Agency's (DEA) often quoted researcher from UCLA who consistently claimed that smoking marijuana causes cancer, released his most comprehensive study in May of 2006 finding no marijuana-cancer connection and indicating that marijuana's medicinal properties are neuroprotective and actually protect the body against malignant tumors; and

WHEREAS: The Data Quality Act, passed by Congress in 2001, clearly states that government agencies must disseminate accurate information; and

WHEREAS: The federal Government (D.E.A., F.D.A.) fail to update public policy according to science and truth, classifying marijuana as a schedule I drug with absolutely no known medical value, failing to take into account anything but smoked marijuana; and

WHEREAS: Vaporization is a "safe and effective" cannabinoid delivery mode for patients who desire the rapid onset of action associated with inhalation while avoiding the respiratory risks of smoking, according to clinical trial data to be published in the journal Clinical Pharmacology & Therapeutics; and

WHEREAS: American Medical Association, American Cancer Society, American Nurses Association, American Society of Addicitive Medicine, National Academy of Sciences Institute of Medicine (IOM), The National Institute of Health, Hawaii Nurses Association, the National Commission on Marijuana and Drug Abuse, 13 of the United States, D.E.A. Administrative Judge Francis Young have all published reports validating marijuana having medicinal value; and

WHEREAS: The State of Hawai'i House of Representatives Committee on Health approved House Concurrent Resolution 10 (HCR 10) allowing for safe access, taxing and regulating of medical marijuana; and

WHEREAS: The State of Hawaiii House of Representatives adopted HCR 10 after its second reading and the resolution has been deferred by the Committee on Judiciary; and

WHEREAS: A representative on behalf of the Maui County Council testified in front of the Committee on Judiciary clearly stating that the Council does not oppose HCR 10; and

WHEREAS: The State of New Mexico passed legislation in April of 2007 establishing a medical marijuana distribution system; and

WHEREAS: 329-123 HRS has established that marijuana is safe and effective medicine and that medical marijuana certificate cardholders are permitted to acquire, cultivate and possess an "adequate supply" of their herbal medicine on-hand, however the law is not clear on how a patient is to acquire their medicine; and

WHEREAS: D.E.A. Administrative Law Mary Ellen Bittner ruled in February 2007 that the private growth of marijuana for medicinal research is in the public'Īs interest; and

WHEREAS: The National Institute on Drug Abuse (N.I.D.A.) provides a standard dose of smokeable Marijuana to patients in the Compassionate Investigational New Drug (IND) research program. The Federal Government has established that a medical marijuana patient's adequate supply is 6.63 lb. per year; and

WHEREAS: Over 90% of the legal medical marijuana card holders of Maui County cannot meet their own medical needs because of theft, bugs, mold and reliance on an unethical, unregulated, illegal black market; and

WHEREAS: The Maui County family farmers (agriculturally-zoned landowners) are able to supply the medical needs of the community, and

WHEREAS: Maui County needs a cash crop to be able to keep the family farmer on the land; and

WHEREAS: Each year the County of Maui spends tax dollars enforcing marijuana laws; resources that would be better spent fighting violent and serious crimes; and

WHEREAS: The revenue from licensing and taxing the lease of secured land for the growth of individual medical marijuana patients would help fund vital Maui County services; and

WHEREAS: The current laws against marijuana needlessly harm patients who use it for legitimate medical purposes; and

WHEREAS: criminal theft and eraucation under color of state law of medical marijuana plants remains one of medical marijuana patient's biggest problems; and

WHEREAS: It is the hope of the people of Maui that state and federal law reform will eliminate the problems and costs caused by marijuana prohibition, which are far greater than the problems of the plant itself; and

WHEREAS: The County of Maui has been, and remains absolutely committed to the protection of civil rights and civil liberties for all of its residents and affirms its commitment to embody democracy and to embrace, defend and uphold the inalienable rights and fundamental liberties granted by the United States' Constitution, the Bill of Rights, the Hawaii State Constitution and the Maui County Charter; and

THEREFORE: The people of Maui do hereby enact the following ordinance establishing the marijuana policy of the County of Maui.

Section 3: AS DEFINITION
"Marijuana" - Means "Marijuana" as currently defined in the Hawaii Health & Safety Code Section 329-123 HRS.

Section 4: AS PURPOSE
The purpose of this ordinance is to:
a) Direct the County of Maui to develop a system to tax and regulate medical marijuana by licensing family farmers' land-leases/service contracts to individual State of Hawai'i certified medical marijuana patients; as to keep it off the streets and away from children, and to raise revenue for the County;
b) Direct the County of Maui to create an allotment system, licensing agriculturally zoned family farmers of Maui to supply the medical needs of the community by securing, and leasing out plots of land to individual medical marijuana patients. Sixty-percent of all allotments will go to residents that can prove over seventy years of residency in Maui County. Money will only be exchanged over the land lease as to not violate state or federal law.
c)Direct the Maui County Prosecutor to follow and enforce state and county laws pertaining to the medical use of marijuana;
d) Direct the Maui County Council to be a strong advocate for legislative change at both the State and Federal levels.

Section: 5: AS REGULATION
a) The County of Maui shall establish a system to license, tax and regulate medical marijuana. The Maui County Council shall promulgate regulations that do not conflict with state law; and
b) Marijuana family farmers shall be required to pay licensing fees and taxes on land leases to individual patient and be subject to other reasonable safety and regulations standards.

Section 6: AS LICENSING FAMILY FARMERS
a) The County of Maui will issue licenses to agriculturally zoned family farmers to supply the medical needs of the community.
b) The Licensed family farmer may have allotments to allow for the production of marijuana for no more than two hundred State of Hawai'i medical marijuana certificate holders.

Section 7: AS MEDICAL MARIJUANA ALLOTMENT SYSTEM
Maui County shall establish a farming program along the lines of the Tobacco Allotment system:
a)For an agriculturally zoned, Maui County Family Farmer to meet and qualify for a medical marijuana allotment (M.M.A.), they will need to create a five-year organic farm plan based on at least two organic crops. The first crop shall be medical marijuana, covering the cost of: land, labor, and start up expenses for the first five years of establishing the second organic crop
b)The Licensed family farmer may have an allottment of no more than two hundred State of Hawai'i medical marijuana certificate holders.

Section 8: AS COMMUNITY OVERSIGHT COMMITTEE
A Community Oversight Committee shall be appointed to oversee the implementation of the Maui County Compassionate Choice/Family Farmer Regulation and Revenue Ordinance.
The Committee shall be comprised of the 5 qualified voters from this petition committee, and:
1 Community member appointed by the Maui County Council,
1 Community member appointed by the Mayor of Maui,
1 Representative of the Maui County Auditor,
1 Representative of Maui County Manager.

Responsibilities of the Committee shall include:
a) Ensure timely implementation of this ordinance;
b) Make recommendations to the Maui County Council regarding appropriate regulations, in accordance with Section 5 above;
c) To form the Committee within 30 days,
d) To develop a land-lease tax and service tax for medical marijuana farmers and submit allotment, license & tax plan within 60 days,
e) To vote on plans & submit a final draft to County Council within 90 days,
f) To issue licenses to Family Farmers that meet the approved plan requirements within 120 days,
g) Report annually to the Maui County Council on implementation and progress of this ordinance.

Section 9: AS MAUI COUNTY LEGAL PROTECTION
a) Maui County shall defend the State rights of legal State of Hawai'i medical marijuana certificate holders; and
b) The Maui County prosecutor shall follow and enforce state and county laws pertaining to the medical use of marijuana.

Section 10: AS ADVOCACY FOR LEGISLATIVE REFORM
Maui County Council shall advocate the will of the people to support the goals and implementation of this ordinance.

Advocated legislative changes to include:
End the arrest, prosecution imprisonment and law enforcement harrassment of adults for the cultivation, possession, not for profit distribution, and use of medical marijuana; and to be a strong advocate for legislative change at both the State and Federal levels.

Section 11: AS SEVERABILITY
If any provision of this ordinance, or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance and the application of such provisions to persons or circumstances shall not be affected thereby.