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4E OF y, ~Pr ~v~T <br /> 4h/ 1G6• 1 ~L~LIV t~ ~3151,aelfl <br /> <br /> BENJAMYN J. CAYETAN® °j ~ ` ~ ~s DIRF,CT®IL <br /> GOVERNOR ~ ~9ii~._.eb~.___..a- _°--°-,s.,._.-.~ <br /> __.._.~Ii~~® <br /> e~ o ~•-.-~••-~~dJLHNE N. NA16SU0 <br /> 'y ~ ~1P34y Cosendl Deputy Director <br /> t! Adrninisffiation <br /> Y'9.PKW.pi~'•. <br /> Po1AItIART E. TSUJ% <br /> STATE OF HAWAII ~p~' D~ector <br /> l~lm~e~~~~~~T ®la P~.B13L1C $a~~E'TY Corrections <br /> 919 Ala 6Noana Boulevard, 4th Floor SIDNEY A. IiAYAKAi3/A <br /> Honolulu, Hawaii 96814 Deputy' Director <br /> I.aw Enfokcement <br /> No. <br /> September 16, 2002 <br /> Ms. Rhonda Robison <br /> 73-4159 Kahauli Place <br /> Kailua-Kona, ~-Iawaii 96740 <br /> Dear Ms. Robison: <br /> Thank you for your letter of September 5, 2002, in which you expressed some of your <br /> ideas and concerns relating to medicinal marijuana. Let me respond to these issues, as <br /> you raised them. <br /> Count;,! <br /> Council's Condition # 5 <br /> This condition directly aflFects the Departments of the Attorney Cpeneral and Health, <br /> rather than our Department. l~Ievertheless, we have strong reservations about its viability <br /> and wisdom. This condition would require the State enter the marijuana distribution <br /> business. However, the State would not be able to control the supply level or the quality <br /> of the product. V6~ould the State be vulnerable to legal action if the product were inferior <br /> or contaminated, or if it did not have an adequate supply to distribute to persons with <br /> certificates? <br /> Moreover, the possession and distribution of marijuana is still illegal under the federal <br /> law. It would truly be unwise and irresponsible for the State government to knowingly <br /> engage in an activity prohibited by law. <br /> The Medical Marihuana Program is Currently in the Wrong Department <br /> Please understand that the Department of Public Safety (PSD) did not ask for <br /> responsibility for this program. In fact, the initial drafts of the legislation placed the <br /> program within the Department of health. During the last stages of the 2000 Legislature, <br /> it was decided that our Department would become responsible. I believe that the <br /> Legislature made this decision because it wanted to establish the program as a <br /> demonstration at first. Please remember that we are among the very first states to have <br /> such a program. Therefore, strict controls were needed to insure that the program was <br /> implemented within the specific constraints established in the legislation. PSD already <br /> regulates pharmaceuticals, and registers persons who prescribe, dispense and distribute <br /> (lo~Yain. Noa <br /> Pile ~dcaa <br /> ref, `~o: <br /> "An Equal Opportunity Employer/Agency" <br /> <br />