Trouble in Paradise

Medical cannabis has been legal in the state of Hawaii since 2000, when its legislature became the first in the U.S. to allow seriously ill patients to use the plant under Act 228. Last year, the state decided that it would expand access to patients and caregivers by passing House Bill 321, now Act 241, which will allow eight collectives to legally operate on the islands, with the possibility of running two collectives each. In turn, it will grant convenient access to caregivers and patients who are unable to grow plants due to disabilities. The act will also prevent counties from enacting zoning regulations that show bias towards collectives and will allow transportation of medical cannabis in any public place by a caregiver, patient collective or production center. The act took effect immediately on January 1, with the intent of collectives opening their doors by July 15.

This expansion, however, is not sitting well with cannabis activist Mike Ruggles, who according to West Hawaii Today is facing charges for selling cannabis from an illegally run collective. In attempt to stop the collectives from opening under Act 241, Ruggles decided to file a lawsuit against state officials. The suit was filed by Ruggles on June 9 in U.S. District Court under the pretense that Act 241 violates federal law and should be overturned. Ruggles also argued that Hawaii’s new collective system seeks to phase out home growing amongst caregivers and patients. Under Act 178, which is essentially a 2013 revision of Act 228, caregivers and patients are allowed to grow seven plants regardless of maturity. Act 241, would eliminate the state’s caregiver program by 2018, which legislator sees as a way to completely illuminate the black market. “Next year, no more caregivers. Year after that, patients won’t be able to grow at all,” Ruggles stated. “They’re trying to make money off of the backs of sick and poor people.”

Ruggles’ suit lists Governor David Ige, State Health Director Virginia Pressler, State Attorney General Douglas Chin and the four approved collectives as defendants in the case. A spokeswoman for Ige stated that neither the Department of Health nor the Attorney General have been served stating, “Once it is served, we will have to review it before taking appropriate action.”

State legislature agrees that the act is “imperfect” and proposed House Bill 2707 on the last day of the legislative session, which occurred on May 5. This bill does make an attempt to salvage Hawaii’s caregiver program. According to Hawaii Tribune Herald, HB-2707 would establish a medical cannabis advisory committee, clarify certain tax provisions and clarify that patients will not be convicted for being in possession of cannabis paraphernalia, amongst other clarifications. Nothing is written in HB-2707 that would give caregivers the continued right to grow cannabis.

While the intent of the act is being scrutinized by Ruggles, prior to this incident, Medical Cannabis Coalition of Hawaii Executive Director, Carl Bergquist stated, “In developing Act 241, lawmakers conducted a rigorous review of the 15-year-old program, seeking reports from the State auditor, studying recommendations from the Dispensary Task Force, and hearing direct input from the public. Eighty-eight percent of Hawaii voters support safe, legal access to medication for Hawaii’s registered patients statewide, and now, thanks to this diligent effort, the Legislature has listened.”

Currently, there are 3,000 caregivers in the state of Hawaii and 13,000 registered medical cannabis patients. Marijuana Business Daily says that the state’s caregivers serve as competition for the newly instated collectives because they have built personal relationships with patients, something that will take collectives some time to accomplish.