Report Title:
Medical Cannabis; Reciprocity

Description:
Establishes reciprocity with other states having medical Cannabis laws.


A BILL FOR AN ORDINANCE

RELATING TO MEDICAL CANNABIS; VISITORS;


Section 1: Title
Maui County Reciprocity 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 Hawaii is a destination state and should help visitors meet their medical needs while they're here; and

WHEREAS: President Obama has agreed to allow Medical Cannabis States to Regulate & Control Medical Cannabis without federal interdiction, and Attorney General Eric Holder has stated that the Drug Enforcement Administration would end its raids on state-approved Cannabis dispensaries; and

WHEREAS: Modern research has shown that Cannabis 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). Cannabis is also a powerful appetite stimulant, specifically for patients suffering from HIV, the AIDS wasting syndrome, or dementia; 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: Dr. Tashkin, the Drug Enforcement Agency's (DEA) often quoted researcher from UCLA who consistently claimed that smoking Cannabis causes cancer, released his most comprehensive study in May of 2006 finding no Cannabis-cancer connection and indicating that Cannabis's medicinal properties are neuroprotective and actually protect the body against malignant tumours; and The Federal Government (D.E.A., F.D.A.) has failed to update public policy according to science and truth, classifying Cannabis as a schedule I drug with absolutely no known medical value, failing to take into account anything but smoked Cannabis; 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, Drug Enforcement Administration’s Administrative Judge Francis Young have all published reports validating Cannabis having medicinal value; and

WHEREAS: 329-123 HRS 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 lb. per year; and

WHEREAS: Over 90% of the legal medical Cannabis 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 Maui County needs a cash crop to be able to the family farmer remain on the land; and

WHEREAS: The current laws against Cannabis needlessly harm patients who use it for legitimate medical purposes, and each year the County of Maui spends tax dollars enforcing Cannabis laws; resources that would be better spent fighting violent and serious crimes; 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.


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


SECTION 4: Reciprocity; registration certificate
A registration certificate (or its equivalent) issued by another state government to permit the medical use of Cannabis by a qualifying patient, or to permit a person to assist with a qualifying patient's medical use of Cannabis in that other state shall have the same force and effect in this, the  State of Hawaii, as a registration certificate issued by the State of Hawaii’s Department of Public Safety."


Section 5: AS PURPOSE
The purpose of this ordinance is to:
a) Direct the County of Maui to develop a system to regulate Medical Cannabis use by another states patient.
b)Direct the Maui County Prosecutor to follow and enforce state and county laws pertaining to the medical use of Cannabis.
c) Direct the Maui County Council to be a strong advocate for legislative change at both the State and Federal levels.


Section: 6: AS REGULATION
a) The County of Maui shall establish a system to provide a Temporary License to out of state Medical Cannabis patients. The Maui County Council shall promulgate regulations.
b) Cannabis visitors shall be required to pay licensing fees and taxes and be subject to other reasonable safety and regulations standards.


Section 7: AS LICENSING VISITORS
a)The County of Maui will issue temporary licenses to patients from other states who are legal to use Medical Cannabis in their home state.
b) The Licensed Visitors have all rights granted as Temporary Hawaii Medical Cannabis patients.


Section 8: 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.