Report Title:
Medical Cannabis; Supply

Description:
Establishes Sustainable Family Farmer Medical Cannabis Regulation and Revenue Program to regulate the Supply of medical Cannabis for patient use;

BE IT ENACTED BY THE MAUI COUNTY COUNSEL OF THE STATE OF HAWAII:

A BILL FOR AN ORDINANCE

RELATING TO MEDICAL CANNABIS.


Section 1: Title
Maui County Medical Cannabis Sustainable Family Farmer Ordinance


Section 2: Findings
The people of Maui, Hawaii 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: President Obama has agreed to allow Medical Cannabis States to Regulate & Control Medical Cannabis without federal prohibition, and Attorney General Eric Holder has stated that the Drug Enforcement Administration would end its raids on state-approved Cannabis dispensaries; and

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

WHEREAS: 329-123 HRH has established that Cannabis is safe and effective medicine, and that Medical Cannabis certificate cardholders are permitted to acquire, cultivate and possess an "adequate supply" of their herbal medicine on-hand, and The National Institute on Drug Abuse (N.I.D.A.) provides a standard dose of smokeable Cannabis to patients in the Compassionate Investigational New Drug (IND) research program. The Federal Government has established that a medical Cannabis patient's adequate supply is 6.63 lbs. per year; and

WHEREAS: D.E.A. Administrative Lawyer Mary Ellen Bittner ruled in February 2007 that the private growing of Cannabis for medicinal research is in the public's interest, and over 90% of the Medical Cannabis patients of Maui County cannot meet their own medical needs because of theft, bugs, mold, and a reliance on an unethical, unregulated, illegal black market; and

WHEREAS: Maui County needs a cash crop to assist the family farmer in remaining on the land, and The Maui County Family Farmers (agriculturally-zoned landowners) are able to supply the medical needs of the community, and

WHEREAS: criminal theft and eradication under colour of state law of medical Cannabis plants remains one of medical Cannabis patient's biggest problems, and it is the hope of the people of Maui that state and federal law reform will eliminate the problems and costs caused by Cannabis 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 Cannabis policy of the County of Maui.


Section 3: AS DEFINITION
"Cannabis" - Means "Cannabis" 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 Cannabis by licensing family farmers.
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 Sustainable Farm Plan. Thirty-percent of all allotments will go to residents that can prove lineage of over seventy years in Maui County.
c)Direct the Maui County Prosecutor to follow and enforce State and County laws pertaining to the medical use of Cannabis.
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 Cannabis. The Maui County Council shall promulgate regulations.
b) Cannabis Family Farmers shall be required to pay licensing fees and taxes 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 Maui community.
b) The Licensed Family Farmer may have allotments to allow for the production of Three Hundred pounds of A grade medical Cannabis and Two Hundred pounds for infused/oil Cannabis products.


Section 7: AS MEDICAL Cannabis 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 Cannabis 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 Cannabis, covering the cost of: land, labour, and start up expenses for the first five years of establishing the second organic crop. The second crop shall be determined by need in the community, identified by The Community Committee.


Section 8: AS COMMUNITY COMMITTEE

A Community Committee shall be appointed to oversee the implementation of the Maui County Medical Cannabis Sustainable Family Farmer Ordinance.The Community 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 Community 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 Community Committee within 30 days.
d) To develop a land tax and gram tax for medical Cannabis 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 Hawaii Medical Cannabis certificate holders; and
b) The Maui County Prosecutor shall follow and enforce State and County laws pertaining to the medical use of Cannabis.


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 harassment of adults for the cultivation, possession, not for profit distribution, and use of medical Cannabis; and to be a strong advocate for legislative change at both the State and Federal levels.


Section 11: AS SEVER ABILITY
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.