Laserfiche WebLink
Rhonda M. Robin®n <br /> Septeanber 16, 2002 <br /> Page 2 <br /> pharmaceuticals. Moreover, PSD is responsible for the administration of the laws <br /> regulating controlled substances. Marijuana is a controlled substance, under both the <br /> state and federal laws. Therefore, the Legislature determined that PSD would be in the <br /> best position to insure that the law was implemented effectively. <br /> If you believe that the Department of Health, rather than PSD, should administer this law, <br /> I urge you to work through your legislators. Only they have the authority to make this <br /> change. <br /> Flaws in the Current Law <br /> We agree that there are flaws in the current law. If you could provide a specific proposal <br /> to remedy these flaws, we would be glad to consider them for inclusion in the legislation <br /> we plan to submit to the 2003 Legislature. <br /> No Need for the Hawaii Count~Police Department to Nave Access to Personal Medical <br /> Records <br /> We totally agree with this. Our Rules do not permit this, and we strictly adhere to our <br /> Rules. We provide information to a bona fide law enforcement agency only if they ask if <br /> a specific person is a registered user or caregiver. And we only provide identifying <br /> information. We do not provide medical information, we do not provide any information <br /> unless it is solicited by a bona fide law enforcement agency, and we do not provide <br /> information unless the request is specific. <br /> Medical Marijuana Supplement Program <br /> You propose that a program be created to allow medical marijuana patients to donate an <br /> overflow of an adequate supply to other patients. There are two important legal problems <br /> with this proposal. First, I-iawaii's law allows a certified patient and a registered <br /> caregiver to jointly possess an adequate supply of marijuana. "Adequate supply" is <br /> clearly defined as the amount jointly possessed by the patient and the caregiver "that is <br /> not more than is reasonably necessary to assure the unintemapted availability of <br /> marijuana for the purpose of alleviating the symptoms or effects of the qualifying <br /> patient's debilitating medical condition...." As I read the law, there cannot be an <br /> "overflow" of adequate supply. Such overflow would be in violation of the definition of <br /> adequate supply. <br /> The second serious problem with the proposal is that it would violate the federal law. <br /> What you propose seems very similar to the clubs involved in the case of United States <br /> <br /> v Oakland Cannabis Puyers Cooperative. In that case, the U.S. Supreme Court <br /> decided that the club violated the federal Controlled Substances Act. We cannot and <br /> will not support a proposal that we believe would violate federal law. <br /> I hope this addresses your concerns, and clarifies our position relating to the various <br /> issues you raised. Please be assured that our Department will continue to administer <br /> <br />