SchMUSINGS: It was actually a dark and stormy night. The rain was harder than the two feet in three days last weekend and hail was pelting the window so hard it woke us up. But we don't have dogs to walk, the electricity was off and the last time we saw the dawn- or even got up, got out of bed and went outside in the dark- was probably 30 years ago when seeing the sunrise was a result of an all-nighter. So we grabbed another blanket and some ear plugs, rolled over and went back to sleep.
Our apologies to Joan Conrow but since we're going to flit around and do it between games today it seems an appropriate way to commence.
First comes the news that former local Kaua`i newspaper editor Nathan Eagle, the other half of the dynamic duo, has landed a gig with his former cohort, joining ace reporter Mike Levine at Civil Beat.
No surprise on this end since whenever, against all odds, our local paper ends up mysteriously hiring someone even halfway competent, they eventually leave for a real publication. But congrats to CB and Nathan. We can only hope that maybe with two (count 'em two) ex-Kaua`i residents CB will treat Kaua`i like we exist.
Better news on the medical marijuana front. SB 2262 which "clarifies that the medical use of marijuana is considered to be consistent with the Pain Patients' Bill of Rights" has passed the senate and first reading in the house. Passage of the bill will mean that chronic pain patients will now have the right to receive medical marijuana in addition to all other appropriate medications.
That is coupled with the death of House Bill 1963 which was the horrendous effort courtesy of Assistant Director of the Department of Public Safety Keith Kamita- an effort also backed by Kaua`i Prosecutor Shaylene Iseri Carvalho- that would have actually removed chronic pain as a condition for which medical marijuana could be recommended. HB 1963 miraculously didn't get a hearing scheduled by the house Judiciary Committee.
Of course in the "now you see it now you don't" Hawai`i State Legislature, nothing is ever approved until it actually gets signed into law and nothing is ever-ever-ever really dead.
Then, from the "shocked-shocked" file, according to Civil Beat, Kaua`i State Senator Ron Kouchi has jumped on the ethically-bankrupt, legalized-bribery bandwagon by holding a Honolulu fundraiser during the legislative session. Last Night's soiree was a hundred-bucks-a-head affair held at the Mandalay restaurant.
Some states ban the practice of holding fund-raisers during a legislative session. But of course in catch-me-if-you-can-Hawai`i, legislators routinely cash in by holding these events in the hopes of scooping up some cash from those who have an interest in seeing the recipient's vote go a certain way on certain soon-to-be-considered bills. Since quid pro quo's are hard if not impossible to prove it's a practice that is looked upon with disgust by good governance and campaign reform mavens everywhere.
The fundraiser by-the-by is being organized by former Kaua`i Deputy County Attorney Harrison Kawate who worked under perennially county-government-employed former County Attorney Lani Nakazawa. We could go on with many more revolving door connections but the next game is starting soon.
Last but certainly not least is the latest dust up involving our always bafflingly buffoonish Prosecutor, the aforementioned reefer-madness adherent, Shaylene Iseri Carvalho.
Those who missed the real story behind the vague coverage in the local newspaper of the horse-abuse case will want to check in with the aforementioned Joan Conrow and read her coverage beginning last Friday.
Seems dear Shay actually threatened to use her prosecutorial discretion to drop the infamous animal cruelty case because one of the animal control officers at Kaua`i Human Society (KHS) got into a dust up with one of Shay's cousin over a complaint about the cousin's barking dogs and then his lack of dog licenses. Shay claimed the officer was trespassing and is a habitual liar whose testimony in the horse case would be unreliable, so Iseri wanted KHS to fire her.
It's a lot more juicy than that so read Joan's coverage.
But Iseri is back this week with more questionable behavior in a series of emails received by most of the attorneys on Kaua`i regarding the formation of a "Kaua'i Bar Bench Committee"- a "working group of attorneys [formed to] discuss and present issues to our judges [regarding] matters pertaining to judicial administration" according to one local attorney.
The group is being put together through the efforts of local attorney Rosa Flores who, after apparently putting in hours of volunteer time on behalf of the "Kaua`i Bar," innocently sent the following email confirming the "members" of the group, apparently "BCCing" almost all of the attorneys on Kaua`i
Subject: Re: KBA Bench Bar Committee Members
Hi Everyone,
I am very happy to announce the Bench Bar Committee Members. We are very fortunate to have had such an amazing amount of interest and support in the creation of this Committee.
Civil (Circuit Court): Dan Hempey
Collections (District Court): Tim Tobin
Landlord/Tenant, Self-Help Center, Legal Aid, Indigent Services: Emiko Meyers
Criminal Defense: June Ikemoto
Family Law: Caren Dennemeyer
Public Defenders: revolving
Prosecutors Office: revolving/unknown
County Attorneys: Justin Kollar
KBA President/Chair: Rosa Flores
KBA Vice-President/Vice-Chair: Shauna Cahill
The private attorneys on the Committee all wear many hats with various specialties, so we'll have a great overlap in coverage at all times. Please feel free to direct concerns, inquiries, comments, etc. that you would like to bring to the attention of our judges to the Committee member representing your particular area of interest. Everyone is also welcome to direct any inquiries to myself or Shauna Cahill anytime.
Committee Members, I will be in touch soon with all of you.
Thank you,
Rosa
This seemingly pleasant note, apparently following a lot of hard work on Flores' part, elicited a disturbing response from Iseri addressed Flores and CCed to around 75 local attorneys (with the original email in the thread) as well as the Kaua`i judges.
Subject: Re: KBA Bench Bar Committee Members
Aloha Rosa,
It would have been considerate of you to have contacted our office to inquire who would be the representative for the OPA because I would have told you clearly, that it would be me. Please put my name down as the representative of our office.
Shay
Okey-dokey. Apparently because the email was sent to the entire Kaua`i bar, Flores felt compelled to reply to the content and the tone of Iseri's response. She wrote:
Talk about a slap in the face for the best of intentions. Thank you for everyone else for their support in this endeavor, and to the volunteer representatives who took the initiative to contact me.
But Iseri wasn't done with Flores and, CCing the other, wrote back:
We did contact you. Your response is very unprofessional.
Unprofessional? Flores had had just about enough and felt she had to set the record straight. She wrote back saying:
As you very well know, I responded to you directly last week following your assertion that your agency should be represented, and in my response I agreed that your agency should be represented. No mention was made from you as to who would be the representative, and I do not have the time to hunt down attorneys from every possible section to see who is willing to attend the meetings. Yours was not the only agency which did not have name for their rep, but they were nonetheless indicated as being part of the committee.
If anyone else is offended that I did not put their names, please know that it was not intentional; my psychic mind-reading skills are not developed to the point at which I would like them to be. And I apologize for yet another unprofessional response from me.
Not having appeared rude and offensive enough Iseri first wrote:
It definitely is another unprofessional response.
finally adding
I also do not want to be a party to anymore unprofessional emails
Finally Flores realized who she was dealing with and ended the futile conversation by stating
Duly noted. Thank you and God Bless!
Isn't this an election year? Seems everyone knows that but Shaylene.
Showing posts with label Medical Marijuana. Show all posts
Showing posts with label Medical Marijuana. Show all posts
Saturday, March 10, 2012
Monday, February 27, 2012
DEJA VU ALL OVER AGAIN
DEJA VU ALL OVER AGAIN: It's somewhere between one of those birthday cake candles that can't be blown out and a regenerating fire-breathing dragon that needs slaying on a recurring basis.
This year again, bills that would make it even harder to use one of the safest and most effective pain medications- medical marijuana- are back and are zipping through the state house. Yet the silence among those trying to stop the bad bills and actually expand the program has been deafening.
Efforts to switch oversight from the Department of Public Safety (DPS) to the Department of Health (DOH) are seemingly absent and the continuing abuses of patients and doctors by the DPS have gone at the very least under-reported if not ignored after healthy debate a year ago.
But one doctor, Jim Berg, MD from the Big Island, is trying to fight back.
Berg has become the doctor who has processed the most recommendations for marijuana to patients and, in an open letter to Governor Neil Abercrombie posted last week at Tiffany Edwards Hunt's Big Island Chronicle he details the abuses of the police and DPS.
Although the letter is incredibly long and at times repetitive, it does tell the sad story of how Berg started giving his own patients recommendations- they're not really prescriptions- and, as other doctors were harassed by state and county law enforcement officials they started sending their patients who needed medical marijuana to Berg rather than fight the county and state.
Berg beings by saying to Abercrombie:
I come from the place of deepest respect as a licensed medical doctor in the State of Hawaii. Respect for you, the great peoples of the State of Hawaii, its laws, and respect for my patients. I appeal to your integrity as a politician in power to hear the pleas of patients of Hawaii suffering from severe pain, nausea, muscle spasms, and appetite loss. They would be disqualified and loose their right to use their medical marijuana if current bills HB2600 and HB1963 (SB2606) pass the Hawaii legislature and you sign them into law. Many of my patients told me personally, that you promised them while on the campaign trail for governor, that you would protect their rights given to them as legally registered patients under the current medical marijuana law. You would show your respect for the 90 percent or more of the current patients that would be disqualified by the bills HB2600 and HB1963, if you would promise to veto these bills. On behalf of the patients and doctors involved, I also ask that you repair the State of Hawaii’s administration and enforcement of the medical marijuana program for the patients and doctors, by creating a state system that actually cares its patients.
After detailing many of the local abuses of patients and disinformation campaigns by Hawai`i Island Police Department (HiPD) Berg tells a tale of years of terrorism toward both doctors and patients at the hands of Keith Kamita, the notorious Deputy Director of Public Safety whose outright lies and, as Berg alleges, illegal activities in fighting against medical marijuana are legendary.
Berg writes that:
the ringleader behind the state’s concerted efforts has historically been Mr. Keith Kamita, the current Deputy Director of Public Safety, and the former Director of the Narcotics Enforcement Division since its inception until you recently promoted him. Mr. Kamita has always been personally kind to me directly and has never suggested to me that I was doing something wrong or bad, despite my and my office’s thousands of communications together with him or his office. Yet Mr. Kamita has not been supportive of the medical marijuana program, and I believe he has spearheaded the statewide movement to hinder a patient and doctor’s right to fulfill this law, and he has repeatedly conspired to used his power to put patients and sincere doctors like my colleagues and myself in a false light to get rid of this program. His obligation as a state agent is to support the current law, not conspire against it. Let me provide some more examples of Mr. Kamita’s systematic attempts to not fulfill the medical marijuana law and to overtly enact a plan to restrict patient and doctors’ legal rights.
HB 1963, which has passed various committees and second reading and been referred to the Judiciary Committee,
Updates the law relating to the medical use of marijuana by: (1) requiring the Department of Health to submit a report, including draft legislation, to the Legislature on recommendations to the list of authorized debilitating medical conditions; (2)requiring a separate registration at each principal place of business where an applicant recommends the medical use of marijuana; (3) clarifying definitions with respect to medical use of marijuana; (4) establishing a suspension period for those violating the medical marijuana program conditions; (5) limiting the amount of marijuana that can be possessed at a location; and (6) increasing the penalties for fraudulent misrepresentations about the medical use of marijuana. (HB1963 HD1)
We're a bit under the weather so will leave it here for today. Last year we almost got through bills to not just put regulation of medical marijuana under the DOH but to start up compassion centers where it can be obtained legally- a problem Dr. Berg details in his letter. But Kamita and others, including Kaua`i Prosecuting Attorney Shaylene Iseri-Carvalho, managed to put a last minute nail in medical marijuana reform's coffin through a campaign of blatant disinformation and fear-mongering.
But this year those bills flounder while this one and others that would make things ten times worse are moving through the legislature without an audible peep from medical marijuana advocates.
Those who need marijuana to alleviate pain without opiates need to have people stand up for some sanity. If reading Berg's letter doesn't move people to act perhaps nothing will.
This year again, bills that would make it even harder to use one of the safest and most effective pain medications- medical marijuana- are back and are zipping through the state house. Yet the silence among those trying to stop the bad bills and actually expand the program has been deafening.
Efforts to switch oversight from the Department of Public Safety (DPS) to the Department of Health (DOH) are seemingly absent and the continuing abuses of patients and doctors by the DPS have gone at the very least under-reported if not ignored after healthy debate a year ago.
But one doctor, Jim Berg, MD from the Big Island, is trying to fight back.
Berg has become the doctor who has processed the most recommendations for marijuana to patients and, in an open letter to Governor Neil Abercrombie posted last week at Tiffany Edwards Hunt's Big Island Chronicle he details the abuses of the police and DPS.
Although the letter is incredibly long and at times repetitive, it does tell the sad story of how Berg started giving his own patients recommendations- they're not really prescriptions- and, as other doctors were harassed by state and county law enforcement officials they started sending their patients who needed medical marijuana to Berg rather than fight the county and state.
Berg beings by saying to Abercrombie:
I come from the place of deepest respect as a licensed medical doctor in the State of Hawaii. Respect for you, the great peoples of the State of Hawaii, its laws, and respect for my patients. I appeal to your integrity as a politician in power to hear the pleas of patients of Hawaii suffering from severe pain, nausea, muscle spasms, and appetite loss. They would be disqualified and loose their right to use their medical marijuana if current bills HB2600 and HB1963 (SB2606) pass the Hawaii legislature and you sign them into law. Many of my patients told me personally, that you promised them while on the campaign trail for governor, that you would protect their rights given to them as legally registered patients under the current medical marijuana law. You would show your respect for the 90 percent or more of the current patients that would be disqualified by the bills HB2600 and HB1963, if you would promise to veto these bills. On behalf of the patients and doctors involved, I also ask that you repair the State of Hawaii’s administration and enforcement of the medical marijuana program for the patients and doctors, by creating a state system that actually cares its patients.
After detailing many of the local abuses of patients and disinformation campaigns by Hawai`i Island Police Department (HiPD) Berg tells a tale of years of terrorism toward both doctors and patients at the hands of Keith Kamita, the notorious Deputy Director of Public Safety whose outright lies and, as Berg alleges, illegal activities in fighting against medical marijuana are legendary.
Berg writes that:
the ringleader behind the state’s concerted efforts has historically been Mr. Keith Kamita, the current Deputy Director of Public Safety, and the former Director of the Narcotics Enforcement Division since its inception until you recently promoted him. Mr. Kamita has always been personally kind to me directly and has never suggested to me that I was doing something wrong or bad, despite my and my office’s thousands of communications together with him or his office. Yet Mr. Kamita has not been supportive of the medical marijuana program, and I believe he has spearheaded the statewide movement to hinder a patient and doctor’s right to fulfill this law, and he has repeatedly conspired to used his power to put patients and sincere doctors like my colleagues and myself in a false light to get rid of this program. His obligation as a state agent is to support the current law, not conspire against it. Let me provide some more examples of Mr. Kamita’s systematic attempts to not fulfill the medical marijuana law and to overtly enact a plan to restrict patient and doctors’ legal rights.
HB 1963, which has passed various committees and second reading and been referred to the Judiciary Committee,
Updates the law relating to the medical use of marijuana by: (1) requiring the Department of Health to submit a report, including draft legislation, to the Legislature on recommendations to the list of authorized debilitating medical conditions; (2)requiring a separate registration at each principal place of business where an applicant recommends the medical use of marijuana; (3) clarifying definitions with respect to medical use of marijuana; (4) establishing a suspension period for those violating the medical marijuana program conditions; (5) limiting the amount of marijuana that can be possessed at a location; and (6) increasing the penalties for fraudulent misrepresentations about the medical use of marijuana. (HB1963 HD1)
We're a bit under the weather so will leave it here for today. Last year we almost got through bills to not just put regulation of medical marijuana under the DOH but to start up compassion centers where it can be obtained legally- a problem Dr. Berg details in his letter. But Kamita and others, including Kaua`i Prosecuting Attorney Shaylene Iseri-Carvalho, managed to put a last minute nail in medical marijuana reform's coffin through a campaign of blatant disinformation and fear-mongering.
But this year those bills flounder while this one and others that would make things ten times worse are moving through the legislature without an audible peep from medical marijuana advocates.
Those who need marijuana to alleviate pain without opiates need to have people stand up for some sanity. If reading Berg's letter doesn't move people to act perhaps nothing will.
Wednesday, September 7, 2011
CIRCUS BERSERKUS
CIRCUS BERSERKUS: Some are born buffoons; some have buffoondom thrust upon them. But either way they are generally harmless except in a bull-in-a-china-shop way.
One exception that proves the rule is Kaua`i Prosecuting Attorney Shaylene Iseri-Carvalho who is once again on the warpath against the scourge of medical marijuana according to an article by the latest functional illiterate on the staff of the local newspaper, Tom LaVenture
Seems Iseri is doubling down on her efforts to get the legislature to nix bills to move the medical cannabis program out of the Department of Public Safety (DPS) into the Department of Health- where all other such programs reside in their respective states- and provide "compassion centers" where patients with "recommendations" can legally purchase their medicine.
LaVenture's sycophantic write-up describes an August 30 gathering of the local befuddlery hosted by the mayor's anti-drug office where dangerously deluded DPS anti-drug honcho Keith Kamita joined Iseri in protecting their funding. In a scene out of Reefer Madness they engaged in rallying the diminishing troops to narrow the class of eligible patients to those who apparently are already dead.
But conspicuous by his absence was Deputy County Attorney for the Kaua`i Police Department, Justin Kollar who has announced a quixotic run opposing the malaprop- and spittle - spewing Iseri next year.
Kollar appearance last February at an equally absurd alarmist presentation before the county council in support of Kamita's and Iseri's agenda has, in the minds of many political observers, doomed his campaign despite the widespread voters' remorse since Iseri's election almost three years ago.
Although many believe a coconut could beat Iseri, Kollar is, in fact, a "malahini haole" going up against the notoriously racist Iseri who runs her department as a "locals only" club according to virtually anyone with inside knowledge of the department.
Kollar needs to make sure that people- especially the progressive community- actually have a reason to vote for him, not just against her. Although probably three-quarters of the island agrees that the state legislation is way overdue they need a reason to not just leave the ballot blank because they see no difference policy-wise on the issue.
Rumor has it that, despite Kollar's reported statement that “it is baffling and disheartening to see so much more effort being put into making more drugs available to more of our residents,” he has told people that he has softened his position and may support the compassion center legislation although he has yet to say anything new about any marijuana-related issues, such as the decriminalization bill that is also pending next January.
The problem is that people generally "only know what they read in the papers" even if the paper is a piece of crap. And the only issue upon which Kollar has really been reported to have taken a stand is to support the absurd notion that even if there are medical marijuana patients out there it should remain illegal for them to obtain their medicine.
Once the election season is here, the battle between the two promises to get exceptionally nasty with race taking a front seat in a whispering campaign that will make Mufi Hanneman look like Martin Luther King, Jr.
Right now the only thing Kollar has got going for him is that he isn't Iseri. But unless Kollar gets out front with his "new" position soon- assuming he really has one- it could be lost in a battle that gives new meaning to the word ugly.
One exception that proves the rule is Kaua`i Prosecuting Attorney Shaylene Iseri-Carvalho who is once again on the warpath against the scourge of medical marijuana according to an article by the latest functional illiterate on the staff of the local newspaper, Tom LaVenture
Seems Iseri is doubling down on her efforts to get the legislature to nix bills to move the medical cannabis program out of the Department of Public Safety (DPS) into the Department of Health- where all other such programs reside in their respective states- and provide "compassion centers" where patients with "recommendations" can legally purchase their medicine.
LaVenture's sycophantic write-up describes an August 30 gathering of the local befuddlery hosted by the mayor's anti-drug office where dangerously deluded DPS anti-drug honcho Keith Kamita joined Iseri in protecting their funding. In a scene out of Reefer Madness they engaged in rallying the diminishing troops to narrow the class of eligible patients to those who apparently are already dead.
But conspicuous by his absence was Deputy County Attorney for the Kaua`i Police Department, Justin Kollar who has announced a quixotic run opposing the malaprop- and spittle - spewing Iseri next year.
Kollar appearance last February at an equally absurd alarmist presentation before the county council in support of Kamita's and Iseri's agenda has, in the minds of many political observers, doomed his campaign despite the widespread voters' remorse since Iseri's election almost three years ago.
Although many believe a coconut could beat Iseri, Kollar is, in fact, a "malahini haole" going up against the notoriously racist Iseri who runs her department as a "locals only" club according to virtually anyone with inside knowledge of the department.
Kollar needs to make sure that people- especially the progressive community- actually have a reason to vote for him, not just against her. Although probably three-quarters of the island agrees that the state legislation is way overdue they need a reason to not just leave the ballot blank because they see no difference policy-wise on the issue.
Rumor has it that, despite Kollar's reported statement that “it is baffling and disheartening to see so much more effort being put into making more drugs available to more of our residents,” he has told people that he has softened his position and may support the compassion center legislation although he has yet to say anything new about any marijuana-related issues, such as the decriminalization bill that is also pending next January.
The problem is that people generally "only know what they read in the papers" even if the paper is a piece of crap. And the only issue upon which Kollar has really been reported to have taken a stand is to support the absurd notion that even if there are medical marijuana patients out there it should remain illegal for them to obtain their medicine.
Once the election season is here, the battle between the two promises to get exceptionally nasty with race taking a front seat in a whispering campaign that will make Mufi Hanneman look like Martin Luther King, Jr.
Right now the only thing Kollar has got going for him is that he isn't Iseri. But unless Kollar gets out front with his "new" position soon- assuming he really has one- it could be lost in a battle that gives new meaning to the word ugly.
Thursday, August 4, 2011
BUDDING GENIUSES
BUDDING GENIUSES: We don't often follow trials, especially in Honolulu, mainly because the news outlets there don't do so either except for those that bleed profusely.
But because of the extensive coverage and rare live bogging by "Civil Beat" of the human trafficking trial of the Sou brothers of Aloun Farms, today we turned first to Sara Lin's blog only to discover that the prosecution apparently bungled the case so badly they were forced to permanently drop all charges today.
But what's even more shocking is that it appears that the reason is that they actually did not even know what the law said at the time the alleged crimes took place.
Piecing together the events this morning from various accounts- Ken Kobayashi of the Star Advertiser being the only one to note that the charges were dropped "permanently"- it appears that the lead attorney flown in from Washington D.C., Susan French, only figured out last Friday that the law had been changed in 2008 or 2009 (depending on the news source) and, in fact, that she had even misled the grand jury in obtaining the indictment.
Though no one will admit it, according to Hawaii Reporter, Assistant U.S. Attorney Susan Cushman told U.S. District Judge Susan Oki Mollway this morning that "the dismissal was caused 'by the discovery of new evidence Friday,'” which was the day that French apparently discovered her blunder.
It's rare that we're at a loss for words but the level of incompetence here- especially given how many lives have been effected including the Sous and the dozens of Thai workers involved- is unfathomable.
While the brothers weren't actually charged with a violation of the law that changed- making it now illegal to pay for the transportation of foreign contract labor- it was apparently a major part of the case against them.
What kind of utter malpractice rules not just our local U.S. attorneys' office but the U.S. Justice Department itself, that no one among the slew of lawyers discovered the error?
It kind of makes you wonder what they are busy with... maybe harassing Roger Christie, the head of the Hawaii Cannabis Ministry in Hilo who has been held without bail in federal detention for over a year now for his marijuana church activities. Or could it be threatening state legislators that if they pass a law to allow "compassion centers" to legally distribute medical marijuana they might just arrest the government officials that would administrate the program?
The Hawaii U.S. Attorney's office has been an out-of-control joke for a long time now with justice being determined by U.S. administration policies as evidenced by the Bush appointment scandal a few years back.
We've watched as they use high handed tactics as well as threats and detentions based on thread-bare evidence to force plea deals when their cases are weak for way too long now but this insanity takes the cake.
We'll leave the details of that for another day. Today we simply await the impending justice of seeing the rolling heads that are sure to come from this case.
But because of the extensive coverage and rare live bogging by "Civil Beat" of the human trafficking trial of the Sou brothers of Aloun Farms, today we turned first to Sara Lin's blog only to discover that the prosecution apparently bungled the case so badly they were forced to permanently drop all charges today.
But what's even more shocking is that it appears that the reason is that they actually did not even know what the law said at the time the alleged crimes took place.
Piecing together the events this morning from various accounts- Ken Kobayashi of the Star Advertiser being the only one to note that the charges were dropped "permanently"- it appears that the lead attorney flown in from Washington D.C., Susan French, only figured out last Friday that the law had been changed in 2008 or 2009 (depending on the news source) and, in fact, that she had even misled the grand jury in obtaining the indictment.
Though no one will admit it, according to Hawaii Reporter, Assistant U.S. Attorney Susan Cushman told U.S. District Judge Susan Oki Mollway this morning that "the dismissal was caused 'by the discovery of new evidence Friday,'” which was the day that French apparently discovered her blunder.
It's rare that we're at a loss for words but the level of incompetence here- especially given how many lives have been effected including the Sous and the dozens of Thai workers involved- is unfathomable.
While the brothers weren't actually charged with a violation of the law that changed- making it now illegal to pay for the transportation of foreign contract labor- it was apparently a major part of the case against them.
What kind of utter malpractice rules not just our local U.S. attorneys' office but the U.S. Justice Department itself, that no one among the slew of lawyers discovered the error?
It kind of makes you wonder what they are busy with... maybe harassing Roger Christie, the head of the Hawaii Cannabis Ministry in Hilo who has been held without bail in federal detention for over a year now for his marijuana church activities. Or could it be threatening state legislators that if they pass a law to allow "compassion centers" to legally distribute medical marijuana they might just arrest the government officials that would administrate the program?
The Hawaii U.S. Attorney's office has been an out-of-control joke for a long time now with justice being determined by U.S. administration policies as evidenced by the Bush appointment scandal a few years back.
We've watched as they use high handed tactics as well as threats and detentions based on thread-bare evidence to force plea deals when their cases are weak for way too long now but this insanity takes the cake.
We'll leave the details of that for another day. Today we simply await the impending justice of seeing the rolling heads that are sure to come from this case.
Friday, May 13, 2011
SLACKIN'
SLACKIN': We were already to post a piece that would have blow this town wide open but instead we pissed away the whole day reading one of the world's most side-splitting web sites- one that Ian Lind pointed to today called "Shit My Students Write."
Actually, on first glace we thought it was actually "Shit!," My Student Wrote.
Many are simple malaprops and there are some doozies derivative of filling the usual "1000 words or more" requirement and the titles are almost as good as the content.
So as long as we're simply referring readers for their weekend reading pleasure, check out the back and forth at Tiffany Edwards Hunt's blog at the Big Island Chronicle’s web site between Senator Josh Green- the moron we wrote about a couple of weeks ago who killed off the medical marijuana dispensaries bill- and the rest of the community, including one of the doctors "recommending" pot for simple pain and to people under 30, all spurred by a nurse's letter to Green.
The central issue is, of course, the reefer madness mentality perpetuated by addled law enforcement people like the Department of Public Safety's drug enforcement honcho Keith Kamita resulting in the presumption that marijuana should only be used for super-debilitating or terminal cases like cancer and AIDS.
As we wrote among the comments
The problem here is Dr. Green’s- and others’- fallacious presumption that MJ should only be used under the most severe of medical circumstances and not be recommended for less serious maladies. The “reefer madness” mentality of the law enforcement community has permeated the debate and allowed proponents who are not medical professionals- much less have a grasp of the relative harmlessness and effectiveness of adult use of MJ- to make contentions that are based on hysteria, not science.
MJ has a wide variety of uses including for conditions that are not life threatening or even chronically debilitating. Until we separate the mania- mania which Dr. Green is perpetuating despite his use of other medications for relatively minor conditions- we will continue to deprive patients of medicine they need and for which they have a right- under state law (see Pain Patients Bill of Rights) to have access.
We're pretty sure it won't make a difference since Green will still be chairing the Senate Heath committee where any medical marijuana bills will have to go again next year and... of course, under our perpetually broken legislative system one poorly positioned pol can perpetuate anachronistic ideas for years on end.
Actually, on first glace we thought it was actually "Shit!," My Student Wrote.
Many are simple malaprops and there are some doozies derivative of filling the usual "1000 words or more" requirement and the titles are almost as good as the content.
So as long as we're simply referring readers for their weekend reading pleasure, check out the back and forth at Tiffany Edwards Hunt's blog at the Big Island Chronicle’s web site between Senator Josh Green- the moron we wrote about a couple of weeks ago who killed off the medical marijuana dispensaries bill- and the rest of the community, including one of the doctors "recommending" pot for simple pain and to people under 30, all spurred by a nurse's letter to Green.
The central issue is, of course, the reefer madness mentality perpetuated by addled law enforcement people like the Department of Public Safety's drug enforcement honcho Keith Kamita resulting in the presumption that marijuana should only be used for super-debilitating or terminal cases like cancer and AIDS.
As we wrote among the comments
The problem here is Dr. Green’s- and others’- fallacious presumption that MJ should only be used under the most severe of medical circumstances and not be recommended for less serious maladies. The “reefer madness” mentality of the law enforcement community has permeated the debate and allowed proponents who are not medical professionals- much less have a grasp of the relative harmlessness and effectiveness of adult use of MJ- to make contentions that are based on hysteria, not science.
MJ has a wide variety of uses including for conditions that are not life threatening or even chronically debilitating. Until we separate the mania- mania which Dr. Green is perpetuating despite his use of other medications for relatively minor conditions- we will continue to deprive patients of medicine they need and for which they have a right- under state law (see Pain Patients Bill of Rights) to have access.
We're pretty sure it won't make a difference since Green will still be chairing the Senate Heath committee where any medical marijuana bills will have to go again next year and... of course, under our perpetually broken legislative system one poorly positioned pol can perpetuate anachronistic ideas for years on end.
Thursday, April 28, 2011
FEED YOUR HEAD
FEED YOUR HEAD: It never fails to amaze how may ways the Hawai`i state legislative system stinks.
It's bad enough when a great bill gets to a conference committee and collapses because no one can agree on a version. But it happens. And it's worse when the rules allow one graft-addled schmuck to kill it.
But of course the ultimate stomach-churner is the poison pill that comes out of nowhere to take a fine piece of legislation that has waited years for its day in the sun and turns it into a revolting piece of crap.
This years toxin-toting villainous vexation comes courteshttp://www.blogger.com/img/blank.gify of Senator "Dr." Josh Green who has stolen the pilot program to establish medical marijuana distribution centers and is using it to kill virtually the whole medical marijuana program.
According to yesterday's Honolulu Star-Advertiser when Green got done with the bill:
(u)nder the pilot program proposed in Senate Bill 1458, medical marijuana prescriptions would be limited to patients suffering from multiple sclerosis, cancer, HIV, AIDS and/or glaucoma. It would establish a “compassion center” for distribution on an island where the Department of Health determines there is the greatest need, based on the number of prescriptions.
This bonehead Green thinks because he is an emergency room physician he can say who does and who doesn't need the medicine provided through marijuana despite the fact that he doesn't see chronic patients and has no idea what the medical value of marijuana is.
Admittedly there are only volumes of anecdotal evidence that marijuana treats pain better than opiates- which recently have been called out as the most abused drug in the country- and have allowed many to actually throw away their pills.
That's because research has been squelched by anachronistic, reefer-madness, anti-drug zealots who are way too afraid of allowing marijuana's medical value to be proven.
Green has taken it upon himself to alter the bill at this stage of the game after actually passing it out of his own committee without any restrictions on conditions for which a patient can receive a doctor's recommendation.
It would make Hawai`i the first state to restrict doctors from using their own medical judgment in cases of recommendations for medical marijuana.
We'd gotten spoiled the last few years with former Kaua`i Senator Gary Hooser serving as the Senate Majority Leader where he could make sure these types of bills got a fair shot. Same with former Kaua`i North Shore and Kapa`a Rep. Mina Morita in the house where energy and environmental bills were her kuleana.
If indeed the bill does get to the floor in its current form, the only thing left for proponents is to ask senators and representatives to kill the bill or attempt a rare almost unheard of amendment removing Green's amendment from the bill.
You can write all senators at sens@capitol.hawaii.gov and reps at reps@capitol.hawaii.gov and ask them to maintain the pilot program without stripping the medical marijuana program and restricting physicians' ability to make medical decisions for their patients.
It's bad enough when a great bill gets to a conference committee and collapses because no one can agree on a version. But it happens. And it's worse when the rules allow one graft-addled schmuck to kill it.
But of course the ultimate stomach-churner is the poison pill that comes out of nowhere to take a fine piece of legislation that has waited years for its day in the sun and turns it into a revolting piece of crap.
This years toxin-toting villainous vexation comes courteshttp://www.blogger.com/img/blank.gify of Senator "Dr." Josh Green who has stolen the pilot program to establish medical marijuana distribution centers and is using it to kill virtually the whole medical marijuana program.
According to yesterday's Honolulu Star-Advertiser when Green got done with the bill:
(u)nder the pilot program proposed in Senate Bill 1458, medical marijuana prescriptions would be limited to patients suffering from multiple sclerosis, cancer, HIV, AIDS and/or glaucoma. It would establish a “compassion center” for distribution on an island where the Department of Health determines there is the greatest need, based on the number of prescriptions.
This bonehead Green thinks because he is an emergency room physician he can say who does and who doesn't need the medicine provided through marijuana despite the fact that he doesn't see chronic patients and has no idea what the medical value of marijuana is.
Admittedly there are only volumes of anecdotal evidence that marijuana treats pain better than opiates- which recently have been called out as the most abused drug in the country- and have allowed many to actually throw away their pills.
That's because research has been squelched by anachronistic, reefer-madness, anti-drug zealots who are way too afraid of allowing marijuana's medical value to be proven.
Green has taken it upon himself to alter the bill at this stage of the game after actually passing it out of his own committee without any restrictions on conditions for which a patient can receive a doctor's recommendation.
It would make Hawai`i the first state to restrict doctors from using their own medical judgment in cases of recommendations for medical marijuana.
We'd gotten spoiled the last few years with former Kaua`i Senator Gary Hooser serving as the Senate Majority Leader where he could make sure these types of bills got a fair shot. Same with former Kaua`i North Shore and Kapa`a Rep. Mina Morita in the house where energy and environmental bills were her kuleana.
If indeed the bill does get to the floor in its current form, the only thing left for proponents is to ask senators and representatives to kill the bill or attempt a rare almost unheard of amendment removing Green's amendment from the bill.
You can write all senators at sens@capitol.hawaii.gov and reps at reps@capitol.hawaii.gov and ask them to maintain the pilot program without stripping the medical marijuana program and restricting physicians' ability to make medical decisions for their patients.
Thursday, April 14, 2011
SICK BUT NOT TIRED
SICK BUT NOT TIRED: "Hi, can I ask you something" she almost shouted as we approached her place of business from 40 feet way.
What the heck is this we thought? Kapa`a is turning into barkers' paradise these days as the guy in the chicken suit down the road attested earlier.
But she wasn't trying to sell anything but attempting to buy.
In a heartbreaking story she explained that her husband and she hadn't smoked marijuana for 20 years but now he has a debilitating illness and a small amount someone had given her had given him the first good nights sleep he's had in months.
And this is what it's comes down to these days- people risking not just their job but their freedom to get medicine because of the catch-22 of the current Hawai`i state law that provides for possession of medical marijuana with a doctor's "recommendation" but gives patents no way to actually obtain it without breaking the law.
We were sorry to have to tell her we've been out of the circuit for many years too but were able to give her some hope by telling her that SB1458 SD2 HD3 which "establishes a comprehensive five-year medical marijuana distribution pilot program in an unspecified county" was hanging on by it's teeth as the state legislature draws to it's close.
And this morning, despite reports of it's demise, the bill apparently almost unanimously passed "third reading" in the house and was referred to a conference committee.
And though the bill at one time had inserted Maui as the county where the pilot program would be established, it now leaves the name of the county blank.
Of course the idiocy of leaving the whole program under the Department of Public Safety rather than moving it to the Department of Health where it belongs will apparently be status quo for another year and the measure to legalize possession of less than an ounce is also dead. It's now a matter of seeing what the conference committee will do.
Overall it's been a disappointing year after so many good bills made it through crossover only to die in the other chamber but as long as our insane hurry-up-and-wait legislative system allows single legislators to kill good bills we'll have to fight every year to achieve some degree of sanity on this and a lot of other no-brainer" issues.
What the heck is this we thought? Kapa`a is turning into barkers' paradise these days as the guy in the chicken suit down the road attested earlier.
But she wasn't trying to sell anything but attempting to buy.
In a heartbreaking story she explained that her husband and she hadn't smoked marijuana for 20 years but now he has a debilitating illness and a small amount someone had given her had given him the first good nights sleep he's had in months.
And this is what it's comes down to these days- people risking not just their job but their freedom to get medicine because of the catch-22 of the current Hawai`i state law that provides for possession of medical marijuana with a doctor's "recommendation" but gives patents no way to actually obtain it without breaking the law.
We were sorry to have to tell her we've been out of the circuit for many years too but were able to give her some hope by telling her that SB1458 SD2 HD3 which "establishes a comprehensive five-year medical marijuana distribution pilot program in an unspecified county" was hanging on by it's teeth as the state legislature draws to it's close.
And this morning, despite reports of it's demise, the bill apparently almost unanimously passed "third reading" in the house and was referred to a conference committee.
And though the bill at one time had inserted Maui as the county where the pilot program would be established, it now leaves the name of the county blank.
Of course the idiocy of leaving the whole program under the Department of Public Safety rather than moving it to the Department of Health where it belongs will apparently be status quo for another year and the measure to legalize possession of less than an ounce is also dead. It's now a matter of seeing what the conference committee will do.
Overall it's been a disappointing year after so many good bills made it through crossover only to die in the other chamber but as long as our insane hurry-up-and-wait legislative system allows single legislators to kill good bills we'll have to fight every year to achieve some degree of sanity on this and a lot of other no-brainer" issues.
Friday, March 11, 2011
JETTIN' TO THE PROMISED LAND
JETTIN' TO THE PROMISED LAND: Upon disembarking, many Kaua`i tourist have been heard to happily exclaim that they feel like they just stepped back in time.
And sometimes- not so happily for kama`aina- it feels like even the interisland airlines are actually running a time machine.
How else do you explain the fact that when we wrote about the bizarre anachronistic fear-mongering emanating from the the Kaua`i prosecutor's and police chief's offices that resulted in a semi-aborted "rally" against the scourge of the evil weed, some mainland and even O`ahu readers thought we might be fabricating the extent of the fanaticism.
So thanks goodness they also scheduled flights back to the 21st century- or the Honolulu equivalent.
As loath as we are to give them too much credit, it's apparent that, with a little backing and a little luck, Hawai`i legislators just might be ready to grow up and leave the naysayers mired in their own skewed, self-serving world.
Because, believe it or not, three key bills on marijuana reform have passed the senate, "crossed over," passed first reading on the house side and received committee referrals.
Of course they have a long way to go but never before have any similar measures even gotten out of committee much less crossed over.
The two medical marijuana bills are astounding enough. The first, SB175 SD2, remedies that counter-intuitive set-up contained in the original law that put the program in the Department of Public Safety- the state agency that administers the prison system- and places it where any medical program belongs- in the Department of Health (DOH). That means that, among other things, rather than the "list" of patients being available to law enforcement agencies they will now have to check the participation of individual patients with the DOH.
SB175 SD2 has passed the senate and first reading in the house and been referred to a joint committee of the Heath and Public Safety/Military Affairs and the Finance committee.
One political note: as if to prove how out of touch some on Kaua`i are, the only "no" vote in the senate was from our own Senator, Ron Kouchi, who somehow was elected this past November, perhaps because he has brown-nosed the good old boys' political machine for so long- and had a war chest to prove it- that no one chose to oppose him.
The second bill, SB1458 SB2, remedies other absurdities in the original law by creating a path to "medical marijuana compassion center license(s) for the sale of medical marijuana to qualified patients." It also creates a "medical marijuana cultivation license" and a "medical marijuana-infused products manufacturing license" which would all be further defined and regulated by the DOH through administrative rules- rules which would be subject to public hearings. And for all you fiscal conservatives out there it "(e)stablishes a fee for issuance and renewal of a license and a special marijuana sales tax."
It has also passed the senate and first reading in the house and has been referred to a joint committee of the Heath and Public Safety/Military Affairs and the Finance committee.
The third, SB1460 SD1, is the miracle legislation which "(e)stablishes a civil violation for possession of one ounce or less of marijuana that is subject to a fine of not more than $100, and establishes an adjudicatory structure for its enforcement." That means that even though it would still technically be "illegal," possession of less than an ounce would be treated like a traffic ticket, not a "crime."
SB1460 SD1 also has passed the senate and first reading in the house and will go to a joint committee of the Heath and Public Safety/Military Affairs and the Judiciary committee.
It goes without saying these days that keeping possession by adults of small amounts of marijuana illegal is not only draconian but is costing taxpayers dearly. The only ones who oppose this are apparently those who stand to keep reaping the benefits of appropriations and grants... as well as the cash cow of the forfeiture laws.
The only problem is that all three bills, if passed in their current form, wouldn't take effect until July 1, 2050.
Well, no one can say the legislature doesn't have a sense of humor.
And sometimes- not so happily for kama`aina- it feels like even the interisland airlines are actually running a time machine.
How else do you explain the fact that when we wrote about the bizarre anachronistic fear-mongering emanating from the the Kaua`i prosecutor's and police chief's offices that resulted in a semi-aborted "rally" against the scourge of the evil weed, some mainland and even O`ahu readers thought we might be fabricating the extent of the fanaticism.
So thanks goodness they also scheduled flights back to the 21st century- or the Honolulu equivalent.
As loath as we are to give them too much credit, it's apparent that, with a little backing and a little luck, Hawai`i legislators just might be ready to grow up and leave the naysayers mired in their own skewed, self-serving world.
Because, believe it or not, three key bills on marijuana reform have passed the senate, "crossed over," passed first reading on the house side and received committee referrals.
Of course they have a long way to go but never before have any similar measures even gotten out of committee much less crossed over.
The two medical marijuana bills are astounding enough. The first, SB175 SD2, remedies that counter-intuitive set-up contained in the original law that put the program in the Department of Public Safety- the state agency that administers the prison system- and places it where any medical program belongs- in the Department of Health (DOH). That means that, among other things, rather than the "list" of patients being available to law enforcement agencies they will now have to check the participation of individual patients with the DOH.
SB175 SD2 has passed the senate and first reading in the house and been referred to a joint committee of the Heath and Public Safety/Military Affairs and the Finance committee.
One political note: as if to prove how out of touch some on Kaua`i are, the only "no" vote in the senate was from our own Senator, Ron Kouchi, who somehow was elected this past November, perhaps because he has brown-nosed the good old boys' political machine for so long- and had a war chest to prove it- that no one chose to oppose him.
The second bill, SB1458 SB2, remedies other absurdities in the original law by creating a path to "medical marijuana compassion center license(s) for the sale of medical marijuana to qualified patients." It also creates a "medical marijuana cultivation license" and a "medical marijuana-infused products manufacturing license" which would all be further defined and regulated by the DOH through administrative rules- rules which would be subject to public hearings. And for all you fiscal conservatives out there it "(e)stablishes a fee for issuance and renewal of a license and a special marijuana sales tax."
It has also passed the senate and first reading in the house and has been referred to a joint committee of the Heath and Public Safety/Military Affairs and the Finance committee.
The third, SB1460 SD1, is the miracle legislation which "(e)stablishes a civil violation for possession of one ounce or less of marijuana that is subject to a fine of not more than $100, and establishes an adjudicatory structure for its enforcement." That means that even though it would still technically be "illegal," possession of less than an ounce would be treated like a traffic ticket, not a "crime."
SB1460 SD1 also has passed the senate and first reading in the house and will go to a joint committee of the Heath and Public Safety/Military Affairs and the Judiciary committee.
It goes without saying these days that keeping possession by adults of small amounts of marijuana illegal is not only draconian but is costing taxpayers dearly. The only ones who oppose this are apparently those who stand to keep reaping the benefits of appropriations and grants... as well as the cash cow of the forfeiture laws.
The only problem is that all three bills, if passed in their current form, wouldn't take effect until July 1, 2050.
Well, no one can say the legislature doesn't have a sense of humor.
Monday, February 21, 2011
DOCTOR DOCTOR TELL ME THE NEWS
DOCTOR DOCTOR TELL ME THE NEWS: To simply call last week’s anti-pot council meeting a dog and pony show would be an insult to horses and hounds everywhere . And it would be to ignore the fall-on-the-floor side-splitting presentations of Prosecutor Shaylene Iseri Carvalho and Keith Kamita, head of the state’s drug enforcement division of the Department of Public Safety (DPS) in Councilmember Mel Rapozo’s Pubic Safety Committee.
Iseri- as always mangling the English language with her best "Miss Malaprop" impression- began her “power point” with the word “Marijuana” flashed on the screen in a font reminiscent of the movie “Reefer Madness.” Then, in a spittle-laced rant, she did her fear-mongering, fact-free best to eviscerate any credibility she might have had.
Starting with the much discredited “gateway” theory she soon moved on to medical marijuana with an attack on sick people claiming that, despite clear language in the law, the program was “supposed to be” only for certain terminal patients, and stating that there was a “loophole” for use by those in pain- which, studies show is one of the most beneficial uses of cannabis.
“Doctor” Iseri then turned her rant to trying to convince no one in particular that pot causes violence- failing to understand that it the fact that it’s illegality that leads to any associated violence- and making the claim that the decriminalization of less than an ounce would “allow juveniles to possess” cannabis- a claim later repeated over and over whenever she felt trapped by the actual facts.
There’s also been some public discussion of her contention that an ounce of pot equals 50-60 “joints”. Considering that there’s 28 grams in an ounce and joints of ½ gram are common- although small- the stat might make sense.
But, in fact, in trying to make the claim Iseri held up giant gallon Zip-loc bag containing those 50 or so joints that the vice division of the Kaua`i Police Department (KPD) had prepared, each of which were big enough to be called spliffs.
Among her other claims were that pot nowadays is 10 times stronger than in the 90’s and that plants now contain 37% THC.
We’re pretty sure there are lots of people out there that would like some of that 10-times-stronger, 37% THC pot.
“This is undisputed” she shrieked, adding that this apparently proves somehow that it’s “clearly an addictive drug,” even though no one has ever been physically addicted as commonly are with crystal methamphetamine or heroin abuse.
She then suggested that instead of medical marijuana people use the ineffective government substitute “Marinol” which contains only one of the elements of marijuana by filtering out all of the other beneficial parts used when smoking or ingesting the whole plant.
She prattled on for a while with the usual unsupported blather about how medical use was just a front for legalization, how it’s marketed to children, how “huge amounts of crime” are associated with compassion centers on the mainland- even trying to ridicule the term- and the “myth” that petty possession cases are clogging the courts.
But when she was done Councilperson JoAnn Yukimura, doing her best “Colombo” impression, first cited an actual study- one cited in the legislative decriminalization bills- showing the gateway claim is bogus.
Over and over she asked Iseri for her “studies” to support her facts to no avail. Finally Iseri admitted that everything she said was “our opinion” and that many of her “facts” were indeed the opinions of mainland police departments.
Yukimura, along with Councilperson Tim Bynum also put the lie to Iseri’s claim that the bill to decriminalize less than an ounce would “legalize” marijuana- a term she used repeatedly to try to claim that it would legalize pot use “by kids.”
In fact possession of less than an ounce would still be illegal but it would no longer be a criminal act, only a “violation” subject to a fine as in a parking ticket- a fact that Iseri admitted only after having been asked six- and yes we counted- times.
Iseri also couldn’t cite any study for her claim that pot uses four dollars in social services for every one dollar spent on buying it.
When it got to be Councilmember Dickie Chang’s turn he had apparently never heard of Marinol and, well frankly, he seemed to have much more interest in it than an academic inquiry might have generated.
One trick Iseri tried to use over and over was that, when trapped in her lack of documentation for anything she said she would immediately use misdirection to talk about either use by children or by those at work or operating heavy machinery.
Her sidekick Kamita- the one from the drug enforcement division- is actually the one who administers the medical marijuana program and in trying to show why he wanted to keep oversight in the DPS he made a great case for why the medical program should be taken away from someone like him who actually opposes the program and is more interested in arresting medical users who have a gram more than permitted than in their health.
That’s why one of the bills which Kamita, Iseri and Rapozo all oppose would transfer oversight to the Department of Health (DOH) where it is in every other state with a medical marijuana program and where regulation of any medicine belongs.
Yukimura finally described how the real issue has been access to marijuana for those for whom it is recommended by a doctor under the program and how dispensaries are actually a method that has worked in other states with few problems and actually with decreases in crimes associated with the illegality of pot.
Though Kamita first objected, defending his claim of crime increasing around dispensaries on the mainland, he finally admitted the he didn’t really know and was relying on the propaganda put out by some PDs and prosecutors in California- who of course also stand to lose federal and state grants and funding should the crime associated with illegality disappear.
Kamita and Iseri mumbled and stumbled through it all but finally, after having their excuses derided as nonsense, turned of course to the last refuge of these stragglers in the mid-20th century... saying it “sends the wrong message.”
What message is that? That both your jobs and much of you funding depends on marijuana interdiction?- something they and Rapozo scoffed at but of course couldn’t deny. The message that you’re the last bastion of those in denial at the real facts behind marijuana?
The fact that marijuana is really a “wonder drug” that treats many maladies?
But Rapozo, who was thus running the meeting, wasn’t about to let them look too out of touch and idiotic so he stopped the questioning and turned to public testimony.
That brought up the head of the KPD vice squad who, thankfully, brought some sanity to the discussion more or less deriding the “gateway” idiocy saying that “if you drink a glass of wine you’re not going to turn into a raging alcoholic” and, in answer to a question by Yukimura admitted that “not everyone” who uses pot turns to hard drugs.
He was followed by a handful of people, in favor of the state decriminalization, dispensary and transfer from DPS to Department of Health bills. Each was unceremoniously cut off by Rapozo after their three minutes and, although given an extra minute to “sum up,” were again cut off after another 45 seconds.
We mention that because they were followed by three county employees- two with the mayor’s anti-drug office and another the county attorney who serves KPD- each of whom was given around five minutes without interruption.
Finally Rapozo ended the session by saying “I will close with a very brief” statement and warbling on for almost 15 minutes waffling between statements like “I don’t oppose medical marijuana” and deriding use for things like migraine headaches and intractable, chronic pain.
Of course this was all before Rapozo’s and Iseri’s “anti-pot rally” fiasco last Thursday which that was shot down by the ACLU with a letter to the county regarding the use of county employees and resources to lobby or promote action on legislation- something that the Hawai`i and California courts have said is illegal.
We’ll comment on the letter later this week because it’s an issue that goes well beyond the medical or decimalization of marijuana issue. But if you want a uproarious evening of laugh-until-you-cry entertainment make sure to catch the Mel and Shay Show now playing on Channel 53.
Iseri- as always mangling the English language with her best "Miss Malaprop" impression- began her “power point” with the word “Marijuana” flashed on the screen in a font reminiscent of the movie “Reefer Madness.” Then, in a spittle-laced rant, she did her fear-mongering, fact-free best to eviscerate any credibility she might have had.
Starting with the much discredited “gateway” theory she soon moved on to medical marijuana with an attack on sick people claiming that, despite clear language in the law, the program was “supposed to be” only for certain terminal patients, and stating that there was a “loophole” for use by those in pain- which, studies show is one of the most beneficial uses of cannabis.
“Doctor” Iseri then turned her rant to trying to convince no one in particular that pot causes violence- failing to understand that it the fact that it’s illegality that leads to any associated violence- and making the claim that the decriminalization of less than an ounce would “allow juveniles to possess” cannabis- a claim later repeated over and over whenever she felt trapped by the actual facts.
There’s also been some public discussion of her contention that an ounce of pot equals 50-60 “joints”. Considering that there’s 28 grams in an ounce and joints of ½ gram are common- although small- the stat might make sense.
But, in fact, in trying to make the claim Iseri held up giant gallon Zip-loc bag containing those 50 or so joints that the vice division of the Kaua`i Police Department (KPD) had prepared, each of which were big enough to be called spliffs.
Among her other claims were that pot nowadays is 10 times stronger than in the 90’s and that plants now contain 37% THC.
We’re pretty sure there are lots of people out there that would like some of that 10-times-stronger, 37% THC pot.
“This is undisputed” she shrieked, adding that this apparently proves somehow that it’s “clearly an addictive drug,” even though no one has ever been physically addicted as commonly are with crystal methamphetamine or heroin abuse.
She then suggested that instead of medical marijuana people use the ineffective government substitute “Marinol” which contains only one of the elements of marijuana by filtering out all of the other beneficial parts used when smoking or ingesting the whole plant.
She prattled on for a while with the usual unsupported blather about how medical use was just a front for legalization, how it’s marketed to children, how “huge amounts of crime” are associated with compassion centers on the mainland- even trying to ridicule the term- and the “myth” that petty possession cases are clogging the courts.
But when she was done Councilperson JoAnn Yukimura, doing her best “Colombo” impression, first cited an actual study- one cited in the legislative decriminalization bills- showing the gateway claim is bogus.
Over and over she asked Iseri for her “studies” to support her facts to no avail. Finally Iseri admitted that everything she said was “our opinion” and that many of her “facts” were indeed the opinions of mainland police departments.
Yukimura, along with Councilperson Tim Bynum also put the lie to Iseri’s claim that the bill to decriminalize less than an ounce would “legalize” marijuana- a term she used repeatedly to try to claim that it would legalize pot use “by kids.”
In fact possession of less than an ounce would still be illegal but it would no longer be a criminal act, only a “violation” subject to a fine as in a parking ticket- a fact that Iseri admitted only after having been asked six- and yes we counted- times.
Iseri also couldn’t cite any study for her claim that pot uses four dollars in social services for every one dollar spent on buying it.
When it got to be Councilmember Dickie Chang’s turn he had apparently never heard of Marinol and, well frankly, he seemed to have much more interest in it than an academic inquiry might have generated.
One trick Iseri tried to use over and over was that, when trapped in her lack of documentation for anything she said she would immediately use misdirection to talk about either use by children or by those at work or operating heavy machinery.
Her sidekick Kamita- the one from the drug enforcement division- is actually the one who administers the medical marijuana program and in trying to show why he wanted to keep oversight in the DPS he made a great case for why the medical program should be taken away from someone like him who actually opposes the program and is more interested in arresting medical users who have a gram more than permitted than in their health.
That’s why one of the bills which Kamita, Iseri and Rapozo all oppose would transfer oversight to the Department of Health (DOH) where it is in every other state with a medical marijuana program and where regulation of any medicine belongs.
Yukimura finally described how the real issue has been access to marijuana for those for whom it is recommended by a doctor under the program and how dispensaries are actually a method that has worked in other states with few problems and actually with decreases in crimes associated with the illegality of pot.
Though Kamita first objected, defending his claim of crime increasing around dispensaries on the mainland, he finally admitted the he didn’t really know and was relying on the propaganda put out by some PDs and prosecutors in California- who of course also stand to lose federal and state grants and funding should the crime associated with illegality disappear.
Kamita and Iseri mumbled and stumbled through it all but finally, after having their excuses derided as nonsense, turned of course to the last refuge of these stragglers in the mid-20th century... saying it “sends the wrong message.”
What message is that? That both your jobs and much of you funding depends on marijuana interdiction?- something they and Rapozo scoffed at but of course couldn’t deny. The message that you’re the last bastion of those in denial at the real facts behind marijuana?
The fact that marijuana is really a “wonder drug” that treats many maladies?
But Rapozo, who was thus running the meeting, wasn’t about to let them look too out of touch and idiotic so he stopped the questioning and turned to public testimony.
That brought up the head of the KPD vice squad who, thankfully, brought some sanity to the discussion more or less deriding the “gateway” idiocy saying that “if you drink a glass of wine you’re not going to turn into a raging alcoholic” and, in answer to a question by Yukimura admitted that “not everyone” who uses pot turns to hard drugs.
He was followed by a handful of people, in favor of the state decriminalization, dispensary and transfer from DPS to Department of Health bills. Each was unceremoniously cut off by Rapozo after their three minutes and, although given an extra minute to “sum up,” were again cut off after another 45 seconds.
We mention that because they were followed by three county employees- two with the mayor’s anti-drug office and another the county attorney who serves KPD- each of whom was given around five minutes without interruption.
Finally Rapozo ended the session by saying “I will close with a very brief” statement and warbling on for almost 15 minutes waffling between statements like “I don’t oppose medical marijuana” and deriding use for things like migraine headaches and intractable, chronic pain.
Of course this was all before Rapozo’s and Iseri’s “anti-pot rally” fiasco last Thursday which that was shot down by the ACLU with a letter to the county regarding the use of county employees and resources to lobby or promote action on legislation- something that the Hawai`i and California courts have said is illegal.
We’ll comment on the letter later this week because it’s an issue that goes well beyond the medical or decimalization of marijuana issue. But if you want a uproarious evening of laugh-until-you-cry entertainment make sure to catch the Mel and Shay Show now playing on Channel 53.
Wednesday, February 16, 2011
AN OFFER YOU CAN’T REFUSE
AN OFFER YOU CAN’T REFUSE: Today’s idiotic rally against marijuana took a well deserved bashing today from new and surprisingly enough competent cops and courts reporter at the local newspaper, Jessica Musicar, with an especially poignant “kicker” saying “Expert calls county press release ‘fear-mongering’” above a headline of “Kaua`i officials to rally against pot legislation.”
Joining her expert in questioning the sanity of the organizers was a letter (last one) in today’s Honolulu paper from Pamela G. Lichty, President of the Drug Policy Forum of Hawaii and, more surprisingly, the usually vapid local paper’s Greek Chorus which was joined by many new names and nearly unanimous- with 66 out of 67 comments and counting at press time (*see some below)- in condemning not just the reason for the rally but the propriety of government officials conducting the rally and other related issues.
We’re not sure whether it will materialize but many of the commenters promised to go down to the rally to mock and ridicule the participants.
Though the Musicar’s article claims that “the demonstration is being led by the Kaua`i Police Department, County of Kaua`i Anti-Drug Program, Office of the Prosecuting Attorney, among others” PNN has learned that, unsurprisingly, the “reefer madness” rally is the brain child (and we use that term loosely of course) of none other than Councilperson Mel Rapozo and his joined-at-the-hip, equally-craven doppelganger, Prosecutor Shaylene Iseri-Carvalho.
Seems that the idea for the rally got started when the babooze-meister himself sent a letter to as many pastors and religious leaders on the island as he could find asking them to rouse up their rabble to oppose the scourge of marijuana.
But, we’ve learned, not only are they urging government workers to attend but Iseri has notified the salaried attorneys in her office that attendance at the rally is “mandatory.” And, told the rest of the staff that they should “rearrange your schedule” to attend or if they couldn’t, to go after work, intimating that they were being offered time off to attend on the taxpayer’s dime.
These are the same staff that Iseri begged- and got- extra pay for recently in order to take care of a so-called “backlog of cases” that built up during the county furloughs, as we reported last week.
We’re not sure how many others in county government have been offered a similar “deal” but we wouldn’t be surprised to find out that the answer is every single one of them.
It’s outrageous enough that that the Kaua`i Police Department (KPD) and Prosecutor Iseri are, instead of simply enforcing the law, trying to tell the legislature what laws to enact. It’s even more outrageous that they would use the club of employment to force their underlings to support them, even if the employee disagreed with the “war on drugs,”- especially for as innocuous a drug as marijuana, especially compared to other drugs- as a misguided effort whose mid-20th Century mindset has run its course (according to the U.S. Justice Department).
The ultimate outrage is that Iseri has demanded some attend her stupid rally and used the bribery of time off- and/or the extortion of an implied threat that further employment might be jeopardized- to make sure they are marked present.
The lies about what goes on in California are abominable. The conflict of interest in supporting a big money ticket for the police and prosecutors- who not only receive grants for eradication and interdiction but get to keep the proceeds of their seizures for extra goodies that they can't ask the council for- is obscene.
The idea that they are using their position to try to stop a sane decriminalization policy toward general use and a saner still policy in providing a safe and legal means for patients who require medical marijuana is sickening.
But to do it all on the taxpayers’ dime is intolerable.
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*Here are a selection of the comments on the article in the local paper. All are “sic.”
hampstr: I lived in Venice, California, about 3 blocks from 2 medical marijuana clinics. There was never any violence or crime associated with either of the clinics. These claims are so ludicrous that I had to pinch myself to make sure I wasn't dreaming. It's not 1964 anymore. It's 2011 and we all know that marijuana doesn't doesn't lead to riots in the streets.
Jinx138: I have a problem with people publicly opposing or supporting anything in uniform. This falsly sugestes that they are speeking for the whole organization when they are only speaking for themselves.
sebastaloha: You should sit outside the dispensary here in town...the patients are from all walks of life, all ages, all socio-economic classes. There are no bars on the windows, no hardcore security thugs, and no fear of ripoff or prosecution. Its right in town, amidst all other businesses....they are well respected, and the neighboring businesses have no problems with them either. The city council backs them, and is involved in forming the rules and regulations that they abide by. No using the medicine on or around the premises, and if you have it acceessible in your vehicle you can be ticketed for open-container just as alcohol. Educate ourselves and your children
stop the lies: The police and prosecuting attorney are marching against pot, it is quite simple, they are afraid to lose their job. If we the people decide to decriminalize pot, how can they justify what they do for a living.
Sensei: Since when do government officials organize protest rallies against the government? The Constitution gives that right to the PEOPLE. These selfish government employees are afraid of not showing enough convictions to merit their employment. Our prisons are filled with these minor drug users, costing us taxpayers millions of wasted money.
ltereader: This article reminds me of Reefer Madness. Are we seriously still in the 30s?.. Over the years I've seen pot work wonders with those in pain, or undergoing chemotherapy (no nausea), and even a senior with parkinson's. Smoking pot stopped the shaking long enough for him to regain some dignity and eat a meal on his own rather than being fed by others. Sadly, he was always paranoid about smoking it because of the laws. People like this should be entitled to smoke without worrying!
kekaha dave: disinformation aka. the "reefer madness" propaganda machine of kpd, with them discrediting the DARE program with outright lies to children regarding the use of cannabis, medical or not, is due to them being threatened by the loss of federal funding for green harvest which has been shoring up their inflated budget for years. helicopters do nothing to fight the devastating ice problem which is the paramount drug problem on kauai. it is reprehensible and pathetic that a state agency formed to uphold the law, steps outside the bounds of their job description and attempt political influence against necessary law referendums. it shows that they are biased in their job, fearful of loosing that job while uninterested in the needs of patients, to the point they need to demonstrate against pending law reform. the police are going down a slippery slope towards discrediting themselves for what they will demonstrate for is irrelevant to the reality of 8,000+ patients' needs. to protect and serve?
AiMoKea: (M)y sister-in-law was dying of cancer a few years back and the ONLY thing that gave her comfort was MJ. I SAW it work for her and have been pro-medical MJ ever since and also feel very strongly that those who spew the false propaganda against it are truly ignorant on the highest (pardon the pun) level.
Joining her expert in questioning the sanity of the organizers was a letter (last one) in today’s Honolulu paper from Pamela G. Lichty, President of the Drug Policy Forum of Hawaii and, more surprisingly, the usually vapid local paper’s Greek Chorus which was joined by many new names and nearly unanimous- with 66 out of 67 comments and counting at press time (*see some below)- in condemning not just the reason for the rally but the propriety of government officials conducting the rally and other related issues.
We’re not sure whether it will materialize but many of the commenters promised to go down to the rally to mock and ridicule the participants.
Though the Musicar’s article claims that “the demonstration is being led by the Kaua`i Police Department, County of Kaua`i Anti-Drug Program, Office of the Prosecuting Attorney, among others” PNN has learned that, unsurprisingly, the “reefer madness” rally is the brain child (and we use that term loosely of course) of none other than Councilperson Mel Rapozo and his joined-at-the-hip, equally-craven doppelganger, Prosecutor Shaylene Iseri-Carvalho.
Seems that the idea for the rally got started when the babooze-meister himself sent a letter to as many pastors and religious leaders on the island as he could find asking them to rouse up their rabble to oppose the scourge of marijuana.
But, we’ve learned, not only are they urging government workers to attend but Iseri has notified the salaried attorneys in her office that attendance at the rally is “mandatory.” And, told the rest of the staff that they should “rearrange your schedule” to attend or if they couldn’t, to go after work, intimating that they were being offered time off to attend on the taxpayer’s dime.
These are the same staff that Iseri begged- and got- extra pay for recently in order to take care of a so-called “backlog of cases” that built up during the county furloughs, as we reported last week.
We’re not sure how many others in county government have been offered a similar “deal” but we wouldn’t be surprised to find out that the answer is every single one of them.
It’s outrageous enough that that the Kaua`i Police Department (KPD) and Prosecutor Iseri are, instead of simply enforcing the law, trying to tell the legislature what laws to enact. It’s even more outrageous that they would use the club of employment to force their underlings to support them, even if the employee disagreed with the “war on drugs,”- especially for as innocuous a drug as marijuana, especially compared to other drugs- as a misguided effort whose mid-20th Century mindset has run its course (according to the U.S. Justice Department).
The ultimate outrage is that Iseri has demanded some attend her stupid rally and used the bribery of time off- and/or the extortion of an implied threat that further employment might be jeopardized- to make sure they are marked present.
The lies about what goes on in California are abominable. The conflict of interest in supporting a big money ticket for the police and prosecutors- who not only receive grants for eradication and interdiction but get to keep the proceeds of their seizures for extra goodies that they can't ask the council for- is obscene.
The idea that they are using their position to try to stop a sane decriminalization policy toward general use and a saner still policy in providing a safe and legal means for patients who require medical marijuana is sickening.
But to do it all on the taxpayers’ dime is intolerable.
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*Here are a selection of the comments on the article in the local paper. All are “sic.”
hampstr: I lived in Venice, California, about 3 blocks from 2 medical marijuana clinics. There was never any violence or crime associated with either of the clinics. These claims are so ludicrous that I had to pinch myself to make sure I wasn't dreaming. It's not 1964 anymore. It's 2011 and we all know that marijuana doesn't doesn't lead to riots in the streets.
Jinx138: I have a problem with people publicly opposing or supporting anything in uniform. This falsly sugestes that they are speeking for the whole organization when they are only speaking for themselves.
sebastaloha: You should sit outside the dispensary here in town...the patients are from all walks of life, all ages, all socio-economic classes. There are no bars on the windows, no hardcore security thugs, and no fear of ripoff or prosecution. Its right in town, amidst all other businesses....they are well respected, and the neighboring businesses have no problems with them either. The city council backs them, and is involved in forming the rules and regulations that they abide by. No using the medicine on or around the premises, and if you have it acceessible in your vehicle you can be ticketed for open-container just as alcohol. Educate ourselves and your children
stop the lies: The police and prosecuting attorney are marching against pot, it is quite simple, they are afraid to lose their job. If we the people decide to decriminalize pot, how can they justify what they do for a living.
Sensei: Since when do government officials organize protest rallies against the government? The Constitution gives that right to the PEOPLE. These selfish government employees are afraid of not showing enough convictions to merit their employment. Our prisons are filled with these minor drug users, costing us taxpayers millions of wasted money.
ltereader: This article reminds me of Reefer Madness. Are we seriously still in the 30s?.. Over the years I've seen pot work wonders with those in pain, or undergoing chemotherapy (no nausea), and even a senior with parkinson's. Smoking pot stopped the shaking long enough for him to regain some dignity and eat a meal on his own rather than being fed by others. Sadly, he was always paranoid about smoking it because of the laws. People like this should be entitled to smoke without worrying!
kekaha dave: disinformation aka. the "reefer madness" propaganda machine of kpd, with them discrediting the DARE program with outright lies to children regarding the use of cannabis, medical or not, is due to them being threatened by the loss of federal funding for green harvest which has been shoring up their inflated budget for years. helicopters do nothing to fight the devastating ice problem which is the paramount drug problem on kauai. it is reprehensible and pathetic that a state agency formed to uphold the law, steps outside the bounds of their job description and attempt political influence against necessary law referendums. it shows that they are biased in their job, fearful of loosing that job while uninterested in the needs of patients, to the point they need to demonstrate against pending law reform. the police are going down a slippery slope towards discrediting themselves for what they will demonstrate for is irrelevant to the reality of 8,000+ patients' needs. to protect and serve?
AiMoKea: (M)y sister-in-law was dying of cancer a few years back and the ONLY thing that gave her comfort was MJ. I SAW it work for her and have been pro-medical MJ ever since and also feel very strongly that those who spew the false propaganda against it are truly ignorant on the highest (pardon the pun) level.
Friday, February 4, 2011
WRONG PLACE, RIGHT TIME
WRONG PLACE, RIGHT TIME: Today’s 3 p.m. State Senate hearing of a bill (SB 1460) that would make “possession of one ounce or less of marijuana... a civil violation for that is subject to a fine of not more than $100” got some press today.
That joint hearing of the Senate Judiciary and Labor and Health Committees took up a measure that would not only decriminalize possession of less than an ounce but also eliminate a lot of other inappropriate and draconian penalties like requiring substance abuse treatment and eliminating any “intent to distribute” charges for simple possession of pakalolo.
(Update: SB1460 passed JDL/HTH 5-0 and now goes to Ways and Means [WAM])
Also on the agenda at the same meeting was a hearing on the much publicized bill (SB1458) which among other things would establish licensure for “medical marijuana compassion center license for the sale of medical marijuana to qualified patients.”
You can submit late testimony and track the two measures but for many the real action this year is in a bill being heard next week to transfer jurisdiction of medical marijuana from the Department of Public Safety to the Department of Health (DOH).
Bill SB175 would do what should have been done when the legislature first legalized medical cannabis- something done in all other states that allow the practice- instead of setting up the seeming contradictory placement of a legal use under a department that deals with illegal matters.
That has resulted in rules that provide lists of patients to be circulated and kept by law enforcement and allows for preemptive, warrantless raids on patients homes without probable cause and even an incident of the release of a list to the press on the Big Island.
The bill would require all new administrative rules under DOH and eliminate the absurd and potentially abusive oversight of the program by those who actually oppose medical marijuana.
This could be the year after an aborted attempt last session under former Governor Linda Lingle.
The bill is on the agenda for a joint hearing of the Senate’s Committee On Public Safety, Government Operations, And Military Affairs and the Committee On Health, next Tuesday, February 8 at 2:45 p.m. You can track the bill here.
Those wishing to testify can email it to PGMTestimony@Capitol.hawaii.gov, making sure to include the measure, date and time of the hearing.
Easier still is the automatic handy-dandy, fill-in-the-blank email page the Senate provides at http://www.capitol.hawaii.gov/emailtestimony/.
And some good news. Though it still has to get through the Senate Judiciary Committee, Senate Bill 174 has already quietly passed out of the Committee on Health. It would “(r)emoves marijuana and tetrahydrocannabinols from the schedule I controlled substances list and places them in the schedule III controlled substances list”.
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Update: Despite testimony in overwhelming support of the bill (which we detailed on Monday) to select county ethics board members from a list provided by an independent body from Common Cause Hawaii, The League Of Women Voters Of Hawai`i, Americans for Democratic Action/Hawai`i, Rolf Bieber, Larry Geller, Richard Spacer and PNN- and no testimony in outright opposition- HB468 was deferred after last Tuesday’s House Judiciary Committee.
However, the Senate Public Safety, Government Operations, and Military Affairs (PGM) Committee has scheduled a public hearing on the companion bill SB214 a week from tomorrow- Saturday 2/12- at 9:00AM. The senate is probably where the action will be on this one since it was introduced by six senators whereas the house version was introduced by only one representative.
If you sent testimony to the house please resend it to the Senate PMG committee at PGMTestimony@Capitol.hawaii.gov. If you didn’t, now is your chance. As always include the measure, date and time of the hearing. Or use the email page the Senate provides at http://www.capitol.hawaii.gov/emailtestimony/.
That joint hearing of the Senate Judiciary and Labor and Health Committees took up a measure that would not only decriminalize possession of less than an ounce but also eliminate a lot of other inappropriate and draconian penalties like requiring substance abuse treatment and eliminating any “intent to distribute” charges for simple possession of pakalolo.
(Update: SB1460 passed JDL/HTH 5-0 and now goes to Ways and Means [WAM])
Also on the agenda at the same meeting was a hearing on the much publicized bill (SB1458) which among other things would establish licensure for “medical marijuana compassion center license for the sale of medical marijuana to qualified patients.”
You can submit late testimony and track the two measures but for many the real action this year is in a bill being heard next week to transfer jurisdiction of medical marijuana from the Department of Public Safety to the Department of Health (DOH).
Bill SB175 would do what should have been done when the legislature first legalized medical cannabis- something done in all other states that allow the practice- instead of setting up the seeming contradictory placement of a legal use under a department that deals with illegal matters.
That has resulted in rules that provide lists of patients to be circulated and kept by law enforcement and allows for preemptive, warrantless raids on patients homes without probable cause and even an incident of the release of a list to the press on the Big Island.
The bill would require all new administrative rules under DOH and eliminate the absurd and potentially abusive oversight of the program by those who actually oppose medical marijuana.
This could be the year after an aborted attempt last session under former Governor Linda Lingle.
The bill is on the agenda for a joint hearing of the Senate’s Committee On Public Safety, Government Operations, And Military Affairs and the Committee On Health, next Tuesday, February 8 at 2:45 p.m. You can track the bill here.
Those wishing to testify can email it to PGMTestimony@Capitol.hawaii.gov, making sure to include the measure, date and time of the hearing.
Easier still is the automatic handy-dandy, fill-in-the-blank email page the Senate provides at http://www.capitol.hawaii.gov/emailtestimony/.
And some good news. Though it still has to get through the Senate Judiciary Committee, Senate Bill 174 has already quietly passed out of the Committee on Health. It would “(r)emoves marijuana and tetrahydrocannabinols from the schedule I controlled substances list and places them in the schedule III controlled substances list”.
-------
Update: Despite testimony in overwhelming support of the bill (which we detailed on Monday) to select county ethics board members from a list provided by an independent body from Common Cause Hawaii, The League Of Women Voters Of Hawai`i, Americans for Democratic Action/Hawai`i, Rolf Bieber, Larry Geller, Richard Spacer and PNN- and no testimony in outright opposition- HB468 was deferred after last Tuesday’s House Judiciary Committee.
However, the Senate Public Safety, Government Operations, and Military Affairs (PGM) Committee has scheduled a public hearing on the companion bill SB214 a week from tomorrow- Saturday 2/12- at 9:00AM. The senate is probably where the action will be on this one since it was introduced by six senators whereas the house version was introduced by only one representative.
If you sent testimony to the house please resend it to the Senate PMG committee at PGMTestimony@Capitol.hawaii.gov. If you didn’t, now is your chance. As always include the measure, date and time of the hearing. Or use the email page the Senate provides at http://www.capitol.hawaii.gov/emailtestimony/.
Thursday, July 15, 2010
(PNN) COUNTY TO POT PATIENTS WITH HOUSING VOUCHERS: YOU ARE ‘SUBJECT TO TERMINATION’
COUNTY TO POT PATIENTS WITH HOUSING VOUCHERS: YOU ARE ‘SUBJECT TO TERMINATION’
(PNN) -- Certified medical marijuana patients who receive HUD Section 8 housing subsidies on Kaua`i “will be subject to termination... if it is found (they) have... marijuana” in their homes according to a letter sent to participants in the program Monday despite Obama administration statements that state laws regarding medical marijuana will be respected by the federal government.
PNN has obtained a copy of the unsigned letter from the Kaua`i County Housing Agency which states:
“The Housing Choice Voucher Program (Section 8 HUD) is a federal program and subject to Federal laws. Federal law trumps state laws. Therefore, under federal law any marijuana use in federally subsidized housing is prohibited. This applies to both current program participants and new applicants.”
The letter, entitled “Important Alert Regarding Medical Marijuana” says that the county agency which runs the federal program, “has received several questions regarding the use of medical marijuana in federally subsidized housing” before describing the provisions of the medical marijuana law passed by the legislature that became law in June of 2000.
It claims “HUD concludes that State laws purporting to legalize medical marijuana directly conflict with the admission and occupancy requirements of the Quality Housing and Work Responsibility act of 1998” and that “a state statute ‘is invalid to the extent that it actually conflicts with a... Federal stature,’” although it does not indicate what or who they are quoting in the last segment.
The letter does not make clear whether it is a federally or county generated directive.
While the list of medical marijuana certificate holders is supposed to be kept confidential it is administered by the state Department of Public Safety (DPS) and reportedly distributed to local police departments.
A list of users was “inadvertently” sent to a Hawai`i Island newspaper by a DPS official a few years back and confidentiality has been a problem according to testimony before the legislature this year.
Bills to move the medical marijuana program to the Department of Health and release names only upon request of local police departments was killed by the legislature last session and a bill to study the state’s program was vetoed by Governor Lingle earlier this month.
The letter does not say what constitutes being “found” to have marijuana or, if discovered, whether participation in the program is considered grounds for termination.
In October 2009 Attorney General Eric Holder announced formal guidelines for federal prosecutors in states that have enacted laws authorizing the use of marijuana for medical purposes.
The memorandum on the subject from Deputy Attorney General David W. Ogden was sent to United States Attorneys and reads in part:
As a general matter, pursuit of these priorities should not focus federal resources in your States on individuals whose actions are in clear and unambiguous compliance with existing state laws providing for the medical use of marijuana. For example, prosecution of individuals with cancer or other serious illnesses who use marijuana as part of a recommended treatment regimen consistent with applicable state law, or those caregivers in clear and unambiguous compliance with existing state law who provide such individuals with marijuana, is unlikely to be an efficient use of limited federal resources.
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We’ll be taking tomorrow off and will be back Monday
(PNN) -- Certified medical marijuana patients who receive HUD Section 8 housing subsidies on Kaua`i “will be subject to termination... if it is found (they) have... marijuana” in their homes according to a letter sent to participants in the program Monday despite Obama administration statements that state laws regarding medical marijuana will be respected by the federal government.
PNN has obtained a copy of the unsigned letter from the Kaua`i County Housing Agency which states:
“The Housing Choice Voucher Program (Section 8 HUD) is a federal program and subject to Federal laws. Federal law trumps state laws. Therefore, under federal law any marijuana use in federally subsidized housing is prohibited. This applies to both current program participants and new applicants.”
The letter, entitled “Important Alert Regarding Medical Marijuana” says that the county agency which runs the federal program, “has received several questions regarding the use of medical marijuana in federally subsidized housing” before describing the provisions of the medical marijuana law passed by the legislature that became law in June of 2000.
It claims “HUD concludes that State laws purporting to legalize medical marijuana directly conflict with the admission and occupancy requirements of the Quality Housing and Work Responsibility act of 1998” and that “a state statute ‘is invalid to the extent that it actually conflicts with a... Federal stature,’” although it does not indicate what or who they are quoting in the last segment.
The letter does not make clear whether it is a federally or county generated directive.
While the list of medical marijuana certificate holders is supposed to be kept confidential it is administered by the state Department of Public Safety (DPS) and reportedly distributed to local police departments.
A list of users was “inadvertently” sent to a Hawai`i Island newspaper by a DPS official a few years back and confidentiality has been a problem according to testimony before the legislature this year.
Bills to move the medical marijuana program to the Department of Health and release names only upon request of local police departments was killed by the legislature last session and a bill to study the state’s program was vetoed by Governor Lingle earlier this month.
The letter does not say what constitutes being “found” to have marijuana or, if discovered, whether participation in the program is considered grounds for termination.
In October 2009 Attorney General Eric Holder announced formal guidelines for federal prosecutors in states that have enacted laws authorizing the use of marijuana for medical purposes.
The memorandum on the subject from Deputy Attorney General David W. Ogden was sent to United States Attorneys and reads in part:
As a general matter, pursuit of these priorities should not focus federal resources in your States on individuals whose actions are in clear and unambiguous compliance with existing state laws providing for the medical use of marijuana. For example, prosecution of individuals with cancer or other serious illnesses who use marijuana as part of a recommended treatment regimen consistent with applicable state law, or those caregivers in clear and unambiguous compliance with existing state law who provide such individuals with marijuana, is unlikely to be an efficient use of limited federal resources.
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We’ll be taking tomorrow off and will be back Monday
Wednesday, July 14, 2010
WHAT’S HE BEEN SMOKIN’?
WHAT’S HE BEEN SMOKIN’?: Where- or more to the point who- do we blame for the impossibly contrived and deceitful “reefer madness” in an article by clueless police beat reporter Paul Curtis in today’s local paper.
We could start with Curtis himself for the unchallenged regurgitating of the equally clueless KPD officer Mark Ozaki’s presentation to a church group.
Not even the DEA itself claims that (t)hose hooked on the “new,” more-potent, quick-growing strains of Kaua`i marijuana are... break(ing) into homes and vacation rentals seeking money to fund their habits”
Habits? Oh nooo- they must be mainlining it nowadays Gertrude.
But that’s just for starters. Later Ozaki claims that “(w)hat used to take a year now takes less than a month as these new pot plants can go from seed to harvest in 28 days”.
A whole lot of medical pot patients would like to get their hands on those seeds especially if they grow a biologically ridiculous “strain... comprised of 60 to 70 percent tetrahyrdocannabinol, compared to less than 20 percent just a few years ago”.
Ooooo- dat's some sticky bud. Stop holding out on us Mark. If that’s da kine the cops smoke think what a great recruiting tool it’d be.
Perhaps Curtis is just warning us that this crap is actually what these people think is factual and that it’s being foisted on our kids who know of course all this is an over the top pack o’ lies and so assume whatever pinheads like Ozaki claim about deadly drugs like ice is equally fabricated.
But if so, where is the rebuttal- a staple of the usual “he said she said reporting”.
Curtis makes it worse with the tired old post hoc proctor hoc fallacy of “the gateway drug theory” which is belied by the fact that those at the top of the societal rung commonly use the sacred herb regularly.
Did you know that most pot smokers started out on mothers milk? And all of them breath oxygen?
We might blame Editor Nathan Eagle whose credibility at the helm of the paper has taken a nose dive since reporter Mike Levine left and ceased to keep him honest if not for the fact that Curtis is now the “assistant editor” who has no higher editor on days that Eagle is off.
We could say that this parochially backward and insidiously destructive mindset begins at the top with kindly old brain-dead Chief Darryl Perry and his merry men of mental midgets at the police commission who seems satisfied with presenting this D.A.R.E style drivel rather than putting officers on the beat to do other things... like maybe, oh, maybe, let’s say... solve murders or something.
Congrats all around for doing the impossible- making KPD even more of a laughing stock.
But really it begins and ends with our elected officials who haven’t got the guts to stop this kind of frittering away of resources on green harvest operations, busting medical users (as the article describes) and of course devoting a full-time officer on a short-staffed force to spread utter bull-sh*t to our kids and other equally gullible groups like churches and business groups.
With public pressure the council on the Big Island has taken matters into their own hands, cutting off funding for the choppers and forcing the police department to stop busting users.
Until we put some pressure on our council to buy a clue- and some political guts- we’ll continue to see this kind of drivel in our faces over coffee each morning.
We could start with Curtis himself for the unchallenged regurgitating of the equally clueless KPD officer Mark Ozaki’s presentation to a church group.
Not even the DEA itself claims that (t)hose hooked on the “new,” more-potent, quick-growing strains of Kaua`i marijuana are... break(ing) into homes and vacation rentals seeking money to fund their habits”
Habits? Oh nooo- they must be mainlining it nowadays Gertrude.
But that’s just for starters. Later Ozaki claims that “(w)hat used to take a year now takes less than a month as these new pot plants can go from seed to harvest in 28 days”.
A whole lot of medical pot patients would like to get their hands on those seeds especially if they grow a biologically ridiculous “strain... comprised of 60 to 70 percent tetrahyrdocannabinol, compared to less than 20 percent just a few years ago”.
Ooooo- dat's some sticky bud. Stop holding out on us Mark. If that’s da kine the cops smoke think what a great recruiting tool it’d be.
Perhaps Curtis is just warning us that this crap is actually what these people think is factual and that it’s being foisted on our kids who know of course all this is an over the top pack o’ lies and so assume whatever pinheads like Ozaki claim about deadly drugs like ice is equally fabricated.
But if so, where is the rebuttal- a staple of the usual “he said she said reporting”.
Curtis makes it worse with the tired old post hoc proctor hoc fallacy of “the gateway drug theory” which is belied by the fact that those at the top of the societal rung commonly use the sacred herb regularly.
Did you know that most pot smokers started out on mothers milk? And all of them breath oxygen?
We might blame Editor Nathan Eagle whose credibility at the helm of the paper has taken a nose dive since reporter Mike Levine left and ceased to keep him honest if not for the fact that Curtis is now the “assistant editor” who has no higher editor on days that Eagle is off.
We could say that this parochially backward and insidiously destructive mindset begins at the top with kindly old brain-dead Chief Darryl Perry and his merry men of mental midgets at the police commission who seems satisfied with presenting this D.A.R.E style drivel rather than putting officers on the beat to do other things... like maybe, oh, maybe, let’s say... solve murders or something.
Congrats all around for doing the impossible- making KPD even more of a laughing stock.
But really it begins and ends with our elected officials who haven’t got the guts to stop this kind of frittering away of resources on green harvest operations, busting medical users (as the article describes) and of course devoting a full-time officer on a short-staffed force to spread utter bull-sh*t to our kids and other equally gullible groups like churches and business groups.
With public pressure the council on the Big Island has taken matters into their own hands, cutting off funding for the choppers and forcing the police department to stop busting users.
Until we put some pressure on our council to buy a clue- and some political guts- we’ll continue to see this kind of drivel in our faces over coffee each morning.
Wednesday, October 28, 2009
MAYBE IF OUR DOGS NEEDED IT
MAYBE IF OUR DOGS NEEDED IT: It’s nice to see that the local newspaper is putting their time-money where their print-mouth is in pushing the administration to promptly comment on the current Green Harvest helicopter operations after the coconut wireless brought the annoying and absurd disturbance to their attention yesterday
After an editorial this Sunday dealing with the brain-dead few who still oppose marijuana reform, especially for the sick, who would expect anything less?
The irony of the coincidental start of both the expensive expedition and yesterday’s state senate hearings on reforming the medical cannabis provisions- which uniquely administer the law through the Department of Public Safety rather than the Department of Health and don’t afford provision or distribution of people’s medicine- isn’t lost on anyone.
After all much of the western US, where medical marijuana laws have been on the books for years, are rapidly moving to regulate and even tax their ubiquitous distribution centers.
It’s about time for the legislature to act this year to remove all the Catch-22’s from our state’s laws by making it legal to obtain a legal medication. putting regulation of a health- related matter in a health-related department and removing control of a legal-to–possess substance from the control of those who deal with illegalities.
A between-the-lines reader of today’s newspaper report might think that it’s up to the Kaua`i and Maui Police Departments as to whether they will participate in the eradication program- a notion that belies the experience of those on the Big Island.
On Hawai`i Island after years of debate their county council has refused to take the federal money that enables Green Harvest and has in fact commanded their PD to give enforcement of all pot-prohibition laws the “lowest priority”.
Yet the Kaua`i County Council continues to accept the funding year after year without debate much less testimony from the public.
As we did last time, we’ll let the our readers know the next time it comes up on the council’s agenda. Maybe this time people will speak up and bring Kaua`i into the 21st century.
After an editorial this Sunday dealing with the brain-dead few who still oppose marijuana reform, especially for the sick, who would expect anything less?
The irony of the coincidental start of both the expensive expedition and yesterday’s state senate hearings on reforming the medical cannabis provisions- which uniquely administer the law through the Department of Public Safety rather than the Department of Health and don’t afford provision or distribution of people’s medicine- isn’t lost on anyone.
After all much of the western US, where medical marijuana laws have been on the books for years, are rapidly moving to regulate and even tax their ubiquitous distribution centers.
It’s about time for the legislature to act this year to remove all the Catch-22’s from our state’s laws by making it legal to obtain a legal medication. putting regulation of a health- related matter in a health-related department and removing control of a legal-to–possess substance from the control of those who deal with illegalities.
A between-the-lines reader of today’s newspaper report might think that it’s up to the Kaua`i and Maui Police Departments as to whether they will participate in the eradication program- a notion that belies the experience of those on the Big Island.
On Hawai`i Island after years of debate their county council has refused to take the federal money that enables Green Harvest and has in fact commanded their PD to give enforcement of all pot-prohibition laws the “lowest priority”.
Yet the Kaua`i County Council continues to accept the funding year after year without debate much less testimony from the public.
As we did last time, we’ll let the our readers know the next time it comes up on the council’s agenda. Maybe this time people will speak up and bring Kaua`i into the 21st century.
Wednesday, October 7, 2009
SUCKLING ON THE TEAT OF ABSURDITY
SUCKLING ON THE TEAT OF ABSURDITY: In an age when medical cannabis has become an accepted treatment for many maladies and the age when Reefer Madness is an old joke you’ve got to wonder what kind of idiots are populating the hall of the National Institutes of Health.
According to a press release (thanks to Big Island blogger Damon Tucker for the heads up)
The U.S. Health & Human Services Department’s National Institutes of Health has six discretionary grant opportunities to support research that focuses on the development of a medication to treat disorders related to the use of cannabis.
No this is not a joke. And what’s more it wants people to study only indigenous groups including “Native Hawaiians”.
This stuff is absolutely too bizarre to make up.
According to a “funding opportunity notice from the U.S. Health & Human Services Department’s National Institutes of Health” six $500,000 grants- for a total of $3 million- are available.
Applications may focus on the pharmacotherapy of one or various CRDs or clinical manifestations of the disorders. For example, research may focus on marijuana dependence or specifically on marijuana withdrawal. Clinical applications may include human laboratory studies to develop models for testing medications targeting single or multiple manifestations of the CRDs, and the interaction of cannabinoids with other medications, pharmacokinetic and/or pharmacodynamic studies of potentially therapeutic compounds.
Applications may also focus on the specific symptoms of the disorder such as withdrawal, craving or relapse, complications such as cognitive impairment, sleep disorders/disruption of normal rhythms or the clinical surrogates of their use such as depression and other mood disorders
The NIH has yet to fund a definitive study on the benefits of medical marijuana but presupposes nonsense like physical addiction replete with “marijuana withdrawal symptoms”- concepts disproven many years ago.
Your tax dollars at work. Anyone still looking for hope and change?
According to a press release (thanks to Big Island blogger Damon Tucker for the heads up)
The U.S. Health & Human Services Department’s National Institutes of Health has six discretionary grant opportunities to support research that focuses on the development of a medication to treat disorders related to the use of cannabis.
No this is not a joke. And what’s more it wants people to study only indigenous groups including “Native Hawaiians”.
This stuff is absolutely too bizarre to make up.
According to a “funding opportunity notice from the U.S. Health & Human Services Department’s National Institutes of Health” six $500,000 grants- for a total of $3 million- are available.
Applications may focus on the pharmacotherapy of one or various CRDs or clinical manifestations of the disorders. For example, research may focus on marijuana dependence or specifically on marijuana withdrawal. Clinical applications may include human laboratory studies to develop models for testing medications targeting single or multiple manifestations of the CRDs, and the interaction of cannabinoids with other medications, pharmacokinetic and/or pharmacodynamic studies of potentially therapeutic compounds.
Applications may also focus on the specific symptoms of the disorder such as withdrawal, craving or relapse, complications such as cognitive impairment, sleep disorders/disruption of normal rhythms or the clinical surrogates of their use such as depression and other mood disorders
The NIH has yet to fund a definitive study on the benefits of medical marijuana but presupposes nonsense like physical addiction replete with “marijuana withdrawal symptoms”- concepts disproven many years ago.
Your tax dollars at work. Anyone still looking for hope and change?
Friday, July 17, 2009
CANIS CANNABINOID CAPO
CANIS CANNABINOID CAPO: On January 30 this year we titled our post 2009: THE YEAR OF CANNABIS REFORM and detailed eight bills the legislature was considering that would, if enacted, end the insane way our state treats cannabis, especially our medical marijuana program.
But of course our Contadina legislature was too busy dodging votes on civil rights for gays and lesbians, secretly trying to raise campaign contribution limits and blocking pilot public financing of elections programs that they failed to get those eight great tomatoes out of that little bitty committee can.
The good news is that on Wednesday the legislature overrode a gubernatorial veto of a bill that “(e)stablishes a task force to examine issues relating to medical cannabis patients and current medical cannabis laws”- no thanks to Kaua`i Representatives Roland Sagum and Jimmy Tokioka who were among nine reps that refused to vote to override the veto.
The bad news is that it deals only medical marijuana, not our draconian and idiotic prohibitionist marijuana laws that cost us millions by incarcerating non-violent recreational pot smokers and are responsible for the violence and killing by organized crime outfits that proliferate due solely to the illegality.
More good news is that the task force- which, like the administration of our medical marijuana program is, unfortunately, administratively tied to the Department of Public Safety- provides for seats for many medical marijuana advocacy groups and individuals including:
- The Drug Policy Forum of Hawai`i which describes itself as the “ leading organization dedicated to safe, responsible, and effective drug policies” in Hawai`i. Their Drug Policy Action Group was instrumental in getting the task force law passed.
- The Honolulu Chapter of Americans for Safe Access whose web site says they are “the largest national member-based organization of patients, medical professionals, scientists and concerned citizens promoting safe and legal access to cannabis for therapeutic use and research”.
- The West O`ahu Hope For A Cure Foundation, an AIDS advocacy group.
- The American Civil Liberties Union
- One medical cannabis advocate who is a patient that uses cannabis in a medically authorized or recommended manner to be appointed by the governor
- A physician who authorizes or recommends the use of medical cannabis that is nominated from a list jointly submitted by the senate president and speaker of the house of representatives to be appointed by the governor;
- A Hawaii-licensed physician who specializes in pain control and has issued a medical cannabis recommendation that is nominated from a list jointly submitted by the senate president and speaker of the house of representatives to be appointed by the governor;
-One registered caregiver to be appointed by the governor;
The five areas they will examine are also promising. They are charged to:
(1) Examine current state statutes, state administrative rules, and all county policies and procedures relating to the medical marijuana program;
(2) Examine all issues and obstacles that qualifying patients have encountered with the medical marijuana program;
(3) Examine all issue and obstacles that state and county law enforcement agencies have encountered with the medical marijuana program;
(4) Compare and contrast Hawaii's medical marijuana program with all other state medical marijuana programs; and
(5) Address other issues and perform any other function necessary as the task force deems appropriate, relating to the medical marijuana program.
They will have help on #4 with the provision that “(no) later than August 30, 2009, the legislative reference bureau shall complete and submit to the task force a report on the policies and procedures for access, distribution, security, and other relevant issues related to the medical use of cannabis for all the states that currently have a medical cannabis program”
The final report is due no less than 20 days before the 2010 legislative session.
One of the main goals of reformers, as we mentioned above, is to remove administration of the medical marijuana program from the Department of Public Safety- the department that administers the prison system- and get it into the Department of Health where programs in every other state with medical marijuana laws have their programs.
Right now our system is what local attorney Daniel Hempey called an unconstitutional violation of the medical privacy rights of patients while appearing yesterday on Joan Conrow’s and Jimmy Trujillo’s KKCR-FM radio program on cannabis reform.
The current set up is that local law enforcement maintain lists of people who qualify rather than having the Department of Health maintain the list and having police check with them if need be. That led to the actual release of the list to the press last year as we detailed last July.
Another must is a system for growing, procuring and distributing marijuana to patients. Other states such as California have actual stores where qualified patients can obtain their medicine.
Although in the past the federal government has harassed the distribution centers the new administration has eliminated those raids as part of ending the “war on drugs”. That makes moot one of the prime arguments used by local law enforcement in opposing such a distribution system.
Another thing people here on Kaua`i at least can do is work to defeat both Tokioka and Sagum in the next election. We hope there will be viable candidates to challenge them on this and many other issues, not the least of which is their opposition to the civil unions bill. We’ll be detailing their support for other regressive and oppressive right-wing nut measures as the 2010 election approaches.
For those on other islands the others who voted against the override were: Awana, Ching, Finnegan, Har, Ito, Manahan, and Yamane.
The non medical marijuana bills from the last session such as those for decriminalization and lowest enforcement priority are detailed in our “Year of Cannabis Reform” piece linked at the top of this article.
In an age when serious discussion is in the air on the mainland that may lead to complete legalization as a way to raise revenues through taxation it’s almost comical to see attitudes from local police departments and prosecutors opposing reform of our laws.
You would think they, like other law enforcement professionals across the nation, would wake up to the fact that it is the illegality itself that is lethal not the drug itself which has never directly caused a death.
(Parenthetically the current talk of legalization and taxation seems to be self-defeating. Presuming that any taxation scheme would include a ban on growing your own or trying to collect taxes on home grown, the whole idea of getting the criminality out of the mix would seemingly be defeated.)
Anyone seeking to assist in the task force effort can contact the Drug Policy Forum and anyone who thinks they might both qualify for and have the time to fill one of the patient, physician or caretaker positions can probably do the same or contact the appropriate appointing authority.
As it stands now we understand there aren't even any physicians on Kaua`i who will participate in the program because of the way it’s set up.
A program that is designed to alleviate pain and provide treatment for sick people has become laughable if not cruel and inhumane.
This is an opportunity we can’t afford to squander.
But of course our Contadina legislature was too busy dodging votes on civil rights for gays and lesbians, secretly trying to raise campaign contribution limits and blocking pilot public financing of elections programs that they failed to get those eight great tomatoes out of that little bitty committee can.
The good news is that on Wednesday the legislature overrode a gubernatorial veto of a bill that “(e)stablishes a task force to examine issues relating to medical cannabis patients and current medical cannabis laws”- no thanks to Kaua`i Representatives Roland Sagum and Jimmy Tokioka who were among nine reps that refused to vote to override the veto.
The bad news is that it deals only medical marijuana, not our draconian and idiotic prohibitionist marijuana laws that cost us millions by incarcerating non-violent recreational pot smokers and are responsible for the violence and killing by organized crime outfits that proliferate due solely to the illegality.
More good news is that the task force- which, like the administration of our medical marijuana program is, unfortunately, administratively tied to the Department of Public Safety- provides for seats for many medical marijuana advocacy groups and individuals including:
- The Drug Policy Forum of Hawai`i which describes itself as the “ leading organization dedicated to safe, responsible, and effective drug policies” in Hawai`i. Their Drug Policy Action Group was instrumental in getting the task force law passed.
- The Honolulu Chapter of Americans for Safe Access whose web site says they are “the largest national member-based organization of patients, medical professionals, scientists and concerned citizens promoting safe and legal access to cannabis for therapeutic use and research”.
- The West O`ahu Hope For A Cure Foundation, an AIDS advocacy group.
- The American Civil Liberties Union
- One medical cannabis advocate who is a patient that uses cannabis in a medically authorized or recommended manner to be appointed by the governor
- A physician who authorizes or recommends the use of medical cannabis that is nominated from a list jointly submitted by the senate president and speaker of the house of representatives to be appointed by the governor;
- A Hawaii-licensed physician who specializes in pain control and has issued a medical cannabis recommendation that is nominated from a list jointly submitted by the senate president and speaker of the house of representatives to be appointed by the governor;
-One registered caregiver to be appointed by the governor;
The five areas they will examine are also promising. They are charged to:
(1) Examine current state statutes, state administrative rules, and all county policies and procedures relating to the medical marijuana program;
(2) Examine all issues and obstacles that qualifying patients have encountered with the medical marijuana program;
(3) Examine all issue and obstacles that state and county law enforcement agencies have encountered with the medical marijuana program;
(4) Compare and contrast Hawaii's medical marijuana program with all other state medical marijuana programs; and
(5) Address other issues and perform any other function necessary as the task force deems appropriate, relating to the medical marijuana program.
They will have help on #4 with the provision that “(no) later than August 30, 2009, the legislative reference bureau shall complete and submit to the task force a report on the policies and procedures for access, distribution, security, and other relevant issues related to the medical use of cannabis for all the states that currently have a medical cannabis program”
The final report is due no less than 20 days before the 2010 legislative session.
One of the main goals of reformers, as we mentioned above, is to remove administration of the medical marijuana program from the Department of Public Safety- the department that administers the prison system- and get it into the Department of Health where programs in every other state with medical marijuana laws have their programs.
Right now our system is what local attorney Daniel Hempey called an unconstitutional violation of the medical privacy rights of patients while appearing yesterday on Joan Conrow’s and Jimmy Trujillo’s KKCR-FM radio program on cannabis reform.
The current set up is that local law enforcement maintain lists of people who qualify rather than having the Department of Health maintain the list and having police check with them if need be. That led to the actual release of the list to the press last year as we detailed last July.
Another must is a system for growing, procuring and distributing marijuana to patients. Other states such as California have actual stores where qualified patients can obtain their medicine.
Although in the past the federal government has harassed the distribution centers the new administration has eliminated those raids as part of ending the “war on drugs”. That makes moot one of the prime arguments used by local law enforcement in opposing such a distribution system.
Another thing people here on Kaua`i at least can do is work to defeat both Tokioka and Sagum in the next election. We hope there will be viable candidates to challenge them on this and many other issues, not the least of which is their opposition to the civil unions bill. We’ll be detailing their support for other regressive and oppressive right-wing nut measures as the 2010 election approaches.
For those on other islands the others who voted against the override were: Awana, Ching, Finnegan, Har, Ito, Manahan, and Yamane.
The non medical marijuana bills from the last session such as those for decriminalization and lowest enforcement priority are detailed in our “Year of Cannabis Reform” piece linked at the top of this article.
In an age when serious discussion is in the air on the mainland that may lead to complete legalization as a way to raise revenues through taxation it’s almost comical to see attitudes from local police departments and prosecutors opposing reform of our laws.
You would think they, like other law enforcement professionals across the nation, would wake up to the fact that it is the illegality itself that is lethal not the drug itself which has never directly caused a death.
(Parenthetically the current talk of legalization and taxation seems to be self-defeating. Presuming that any taxation scheme would include a ban on growing your own or trying to collect taxes on home grown, the whole idea of getting the criminality out of the mix would seemingly be defeated.)
Anyone seeking to assist in the task force effort can contact the Drug Policy Forum and anyone who thinks they might both qualify for and have the time to fill one of the patient, physician or caretaker positions can probably do the same or contact the appropriate appointing authority.
As it stands now we understand there aren't even any physicians on Kaua`i who will participate in the program because of the way it’s set up.
A program that is designed to alleviate pain and provide treatment for sick people has become laughable if not cruel and inhumane.
This is an opportunity we can’t afford to squander.
Monday, June 8, 2009
ANOTHER BARK IN THE DARK
ANOTHER BARK IN THE DARK: Anthony Sommer’s book KPD Blue (see left rail) continues be a Kaua`i best seller and to draw readers to this space with another dozen or so perusing its pages just this weekend.
In addition to exposing the corruption in the Kaua`i Police Department, the book details the political machinations that led to the removal of two chiefs and the no-so-coincidental resultant hiring of current chief Darryl Perry whose promoters saw to it that Chief KC Lum and Police Commission Chair Michael Ching were purged after Lum originally beat out Perry for the job.
The result for the island has been that, while Lum and his predecessor George Freitas were adherents of progressive tenets of modern policing who understood and kept up with the dynamics of the changing face of law enforcement, Perry remains something of a dinosaur.
And when it comes to drug policy Perry seems incapable of examining national studies and trends and seems entrenched in his own provincial rigid views rooted in the 1950’s if not the 1930’s marijuana scare campaigns.
There are few left who won’t admit that the war on drugs has been an utter failure. Drugs are more prevalent than ever, our jails are overflowing with non violent users and the streets are littered with bodies that are the result, not of the drug use itself but of the war being waged.
The rational examination of the absurd circular logic of “all drugs are bad because they are illegal and they are illegal because they are bad” has led to a movement including most of the past national “drug czars” and top leaders in law enforcement calling for an end to the war and a more rational harm reduction approach including the elimination of programs like D.A.R.E. which refuses to distinguish between more innocuous drugs like marijuana and destructive drugs like crystal methamphetamine or “ice”.
Studies, including a 2003 US General Accounting Office report, have shown that lumping all drugs together for the purposes of demonizing them equally in anti-drug programs like D.A.R.E has actually caused the use of more dangerous drugs and even related deaths when kids find out that they’ve been lied to about marijuana and assume the warnings about the more lethal drugs are equally untrue.
Worse still has been the appropriation of scarce funds to engage in these marijuana eradication programs which not only waste money and destroy medicine used for medical treatment but make scarce a substance far less harmful than “meth” which kids who can’t get marijuana any more flock to.
While it is certainly preferable that kids don’t ingest any drugs- alcohol and tobacco included- the undeniable fact is they do and always will and if we don’t engage in a little “harm reduction” we’re not just whistling in the grave yard but actually causing the rise in the use of the more harmful drugs.
Those whose ignorance perpetuates that increased harm should be the ones who are held responsible for the results.
Enter Perry who in his column in the local newspaper yesterday unequivocally joins the team of kid-killers who cling to outdated and outmoded ideas.
Presented in a Q&A format, yesterday’s “On The Beat” column was as usual characterized by another of those quite obviously solicited “Q’s” along the lines of “you’re so wise and good- please tell us how others could possibly be so stupid?”
In it, “Greg” asked.
Q: Recently there have been several articles in the newspapers about marijuana. The first was in the Honolulu Advertiser on May 25, “War on marijuana a waste of time, money,” and then the next day there was an opinion in The Garden Island, “Alcohol vs. marijuana,” but the worst one was The Garden Island editorial on May 31, “Red light for Green Harvest.” Then just the other day, “Don’t fear the reefer.” It seems as though you guys are being blasted from all angles for doing your job.
It also seems to me that the stupid editorial by The Garden Island didn’t help matters any. I supposed we should just let all the druggies take over. Sorry about my rant, but I’m just frustrated. Well, I want to get it from the horse’s mouth, where do you stand on this?
Predictably Perry responded
I certainly understand your frustration, as I have experienced those same feelings throughout my police career. The comments and criticism don’t change just the faces and names who believe that they know better... I do agree that it sent the wrong message to our community.
The problem is that it’s not a matter of “believing” anything or sending some kind of “message” except on the part of Perry who can’t seem to digest the facts that have emerged, especially the differences between substances.
It’s pretty scary to think about what it takes to say this but this sentence tells you all you need to know about what Perry thinks.
Drugs destroy families, whether it’s marijuana, crystal methamphetamine, cocaine, ecstasy, or alcohol.
Marijuana does not destroy families. It is a medically accepted treatment for a wide range of maladies and is used responsibly and recreationally by tens of millions of Americans. To lump all those drugs together with marijuana is an absurd constriction that doesn’t jibe with reality.
But Perry seems unable or unwilling to grasp that the data is in and that marijuana is a fairly innocuous substance which when used in a responsible manner has no long term ill effects.
To his credit he does acknowledge that treatment is a key to harm reduction for those who use dangerous drugs. But he still demands money for marijuana interdiction due to his inability to distinguish between harmful and innocuous substances.
He writes
Do we stop eradicating marijuana because the numbers were low on this mission? That is exactly what commercial growers would want so that they could continue to sell dope to your children. Or, do we continue in our efforts? Remember that in prior missions we eradicated thousands of marijuana plants that did not find there way into homes and the brain cells of individuals cruising the same highways as you do...
We have not lost the war on drugs and it is not a failed policy...
The contorted logic and “brain cell” warning are reminiscent of the reefer madness campaigns of the distant past. Yet Perry seems stuck in just that “boogey-man” model.
His conclusion, based on that illogic, is to continue to throw money down the rathole of marijuana eradication programs even criticizing those on the Big Island who put a stop to the practice.
Perry concentrates on a recent reported $27,000 that destroyed 75 plants asking of it was worth that much for so little. But he fails to ask the bigger question of whether no matter what the result is this a wise use of scarce funds.
What’s more he fails to mention that the $75,000 is a small fraction of the approximately quarter million a year that our county accepts from the federal government to fight the “marijuana scourge”.
And that doesn’t take into account the time that police officers put into the effort. What isn’t widely reported is that police in each of the state’s four counties have a contingent of officers who go to the other three islands to assist in the eradication efforts there, taking them off the streets and away from the efforts to stop methamphetamine use and violent crime.
Perry writes
I also disagree with the suggestion that the citizens on the Big Island got it right by deprioritizing marijuana and not accepting federal funds to conduct eradication missions. I can only imagine the negative impact this decision will have in the long-term.
Fortunately, the Drug Enforcement Administration will continue its efforts with the assistance of county police.
What is most dangerous here is that Perry’s attitude- which is shared by other island PD’s- seems to forget who is running things in this country... at least theoretically.
Just as the political apparatus of a democracy maintains civilian control of the military so do the civilian police commissions provide for oversight of our paramilitary constabularies.
If nothing else “KPD Blue” describes the lead up to how, in Perry’s case, that civilian control mechanism failed when independent elements of the civilian control were purged and the commission bowed to political pressure born of internal department attempts to control policy.
What we sadly have as a result is Perry- the old soldier whose vision has been warped by too many years in the trenches and too set in his ways, incapable of seeing contemporary reality, caught up in circular reasoning and in fact committing the very atrocities he seeks to end.
In addition to exposing the corruption in the Kaua`i Police Department, the book details the political machinations that led to the removal of two chiefs and the no-so-coincidental resultant hiring of current chief Darryl Perry whose promoters saw to it that Chief KC Lum and Police Commission Chair Michael Ching were purged after Lum originally beat out Perry for the job.
The result for the island has been that, while Lum and his predecessor George Freitas were adherents of progressive tenets of modern policing who understood and kept up with the dynamics of the changing face of law enforcement, Perry remains something of a dinosaur.
And when it comes to drug policy Perry seems incapable of examining national studies and trends and seems entrenched in his own provincial rigid views rooted in the 1950’s if not the 1930’s marijuana scare campaigns.
There are few left who won’t admit that the war on drugs has been an utter failure. Drugs are more prevalent than ever, our jails are overflowing with non violent users and the streets are littered with bodies that are the result, not of the drug use itself but of the war being waged.
The rational examination of the absurd circular logic of “all drugs are bad because they are illegal and they are illegal because they are bad” has led to a movement including most of the past national “drug czars” and top leaders in law enforcement calling for an end to the war and a more rational harm reduction approach including the elimination of programs like D.A.R.E. which refuses to distinguish between more innocuous drugs like marijuana and destructive drugs like crystal methamphetamine or “ice”.
Studies, including a 2003 US General Accounting Office report, have shown that lumping all drugs together for the purposes of demonizing them equally in anti-drug programs like D.A.R.E has actually caused the use of more dangerous drugs and even related deaths when kids find out that they’ve been lied to about marijuana and assume the warnings about the more lethal drugs are equally untrue.
Worse still has been the appropriation of scarce funds to engage in these marijuana eradication programs which not only waste money and destroy medicine used for medical treatment but make scarce a substance far less harmful than “meth” which kids who can’t get marijuana any more flock to.
While it is certainly preferable that kids don’t ingest any drugs- alcohol and tobacco included- the undeniable fact is they do and always will and if we don’t engage in a little “harm reduction” we’re not just whistling in the grave yard but actually causing the rise in the use of the more harmful drugs.
Those whose ignorance perpetuates that increased harm should be the ones who are held responsible for the results.
Enter Perry who in his column in the local newspaper yesterday unequivocally joins the team of kid-killers who cling to outdated and outmoded ideas.
Presented in a Q&A format, yesterday’s “On The Beat” column was as usual characterized by another of those quite obviously solicited “Q’s” along the lines of “you’re so wise and good- please tell us how others could possibly be so stupid?”
In it, “Greg” asked.
Q: Recently there have been several articles in the newspapers about marijuana. The first was in the Honolulu Advertiser on May 25, “War on marijuana a waste of time, money,” and then the next day there was an opinion in The Garden Island, “Alcohol vs. marijuana,” but the worst one was The Garden Island editorial on May 31, “Red light for Green Harvest.” Then just the other day, “Don’t fear the reefer.” It seems as though you guys are being blasted from all angles for doing your job.
It also seems to me that the stupid editorial by The Garden Island didn’t help matters any. I supposed we should just let all the druggies take over. Sorry about my rant, but I’m just frustrated. Well, I want to get it from the horse’s mouth, where do you stand on this?
Predictably Perry responded
I certainly understand your frustration, as I have experienced those same feelings throughout my police career. The comments and criticism don’t change just the faces and names who believe that they know better... I do agree that it sent the wrong message to our community.
The problem is that it’s not a matter of “believing” anything or sending some kind of “message” except on the part of Perry who can’t seem to digest the facts that have emerged, especially the differences between substances.
It’s pretty scary to think about what it takes to say this but this sentence tells you all you need to know about what Perry thinks.
Drugs destroy families, whether it’s marijuana, crystal methamphetamine, cocaine, ecstasy, or alcohol.
Marijuana does not destroy families. It is a medically accepted treatment for a wide range of maladies and is used responsibly and recreationally by tens of millions of Americans. To lump all those drugs together with marijuana is an absurd constriction that doesn’t jibe with reality.
But Perry seems unable or unwilling to grasp that the data is in and that marijuana is a fairly innocuous substance which when used in a responsible manner has no long term ill effects.
To his credit he does acknowledge that treatment is a key to harm reduction for those who use dangerous drugs. But he still demands money for marijuana interdiction due to his inability to distinguish between harmful and innocuous substances.
He writes
Do we stop eradicating marijuana because the numbers were low on this mission? That is exactly what commercial growers would want so that they could continue to sell dope to your children. Or, do we continue in our efforts? Remember that in prior missions we eradicated thousands of marijuana plants that did not find there way into homes and the brain cells of individuals cruising the same highways as you do...
We have not lost the war on drugs and it is not a failed policy...
The contorted logic and “brain cell” warning are reminiscent of the reefer madness campaigns of the distant past. Yet Perry seems stuck in just that “boogey-man” model.
His conclusion, based on that illogic, is to continue to throw money down the rathole of marijuana eradication programs even criticizing those on the Big Island who put a stop to the practice.
Perry concentrates on a recent reported $27,000 that destroyed 75 plants asking of it was worth that much for so little. But he fails to ask the bigger question of whether no matter what the result is this a wise use of scarce funds.
What’s more he fails to mention that the $75,000 is a small fraction of the approximately quarter million a year that our county accepts from the federal government to fight the “marijuana scourge”.
And that doesn’t take into account the time that police officers put into the effort. What isn’t widely reported is that police in each of the state’s four counties have a contingent of officers who go to the other three islands to assist in the eradication efforts there, taking them off the streets and away from the efforts to stop methamphetamine use and violent crime.
Perry writes
I also disagree with the suggestion that the citizens on the Big Island got it right by deprioritizing marijuana and not accepting federal funds to conduct eradication missions. I can only imagine the negative impact this decision will have in the long-term.
Fortunately, the Drug Enforcement Administration will continue its efforts with the assistance of county police.
What is most dangerous here is that Perry’s attitude- which is shared by other island PD’s- seems to forget who is running things in this country... at least theoretically.
Just as the political apparatus of a democracy maintains civilian control of the military so do the civilian police commissions provide for oversight of our paramilitary constabularies.
If nothing else “KPD Blue” describes the lead up to how, in Perry’s case, that civilian control mechanism failed when independent elements of the civilian control were purged and the commission bowed to political pressure born of internal department attempts to control policy.
What we sadly have as a result is Perry- the old soldier whose vision has been warped by too many years in the trenches and too set in his ways, incapable of seeing contemporary reality, caught up in circular reasoning and in fact committing the very atrocities he seeks to end.
Tuesday, March 24, 2009
DOUBLE DOG DARE
DOUBLE DOG DARE: The discredited Drug Abuse Resistance Education (DARE) program has been abandoned by many jurisdictions around the country as a program that, at best doesn’t work and more often if anything actually causes kids to use destructive drugs, especially the more dangerous types like methamphetamine or “ice”.
But apparently the vapid, poorly informed leadership on Kaua`i – specifically Mayor Bernard Carvalho and Police chief Darryl Perry- live in their own private little world of denial if an article in today’s local paper is accurate.
According to the article reporting on the statewide DARE Conference at the Hilton Kaua`i Beach Resort,
Kaua`i Mayor Bernard Carvalho praised the DARE program for its work with children to have them recognize and resist drugs and other temptations.
“Having police in the DARE program has its benefits,” he said... “The DARE program has a positive impact on young people...
But that’s not what the US General Accounting Office found in 2003 where they ripped the program new one and reported, among other things, that:
(T)he six long-term evaluations of the DARE elementary school curriculum that we reviewed found no significant differences in illicit drug use between students who received DARE in the fifth or sixth grade (the intervention group) and students who did not (the control group).
And as if to highlight one reason the program is a bust Perry and Carvalho announced that the newly rebranded “Operation Green Steam” had taken up the precious police resources of the undermanned and underfunded KPD to go after two marijuana growing plots recently, one in Kilauea and another larger, less reported, one in Hanama`ulu.
Though on the Big Island their county council has made marijuana enforcement the “lowest priority” for their police department and rejected the formerly named “Green Harvest” federal funds, Kaua`i continues to live in the dark ages.
According to the experts, DARE just makes the problems worse.
The reality is this. In the DARE “classes” kids are told that all drugs are equally bad and destructive and to” just say no”, even to this day. Although the DARE officials say they have changed the program since the GAO report, the reality is that this is still the basic underpinning.
When kids leave the class and hit “the street” they find out that different drugs, especially marijuana, have different and often far less of the horrible effects they are told of in the class.
When the kids find out they were lied to about marijuana- and even see that this “scourge” is prescribed as medicine for many- they naturally think that if they are being lied to about marijuana they are probably being lied to about use of everything from” ice” to “huffing” glue and paint to drinking alcohol and the ingesting of many other substances that cause permanent damage.
It isn’t just a coincidence that ever since the marijuana crackdowns started in the 80’s- especially on Kaua`i- that methamphetamine use has risen to epidemic proportions. People either can’t get marijuana anymore or find that, due to the eradication and enforcement efforts, it’s unaffordable. Many- especially those who discovered they were lied to in their DARE program in school- turn to a cheap and, what they think is probably a harmless, substitute.
One of the most bizarre statements quoted in the article came from Perry who spoke of President Barack Obama, who wrote about his drug use while in high school
Perry is quoted as saying
But with children being surrounded by well-known personalities that have histories of drug use, there are not enough mentors out there for children to learn from, Perry said.
He cited for example Barack Obama, a Hawai`i native now president of the United States.“He is one of thousands of students who graduated from Punahou, but why did he become the president?” Perry asked.
His presidency is attributed to several things, but his achievement is based on all the people involved in his life.
“The people in this room represent all that is right,” Perry said. “And we recognize you for all your work with young people.”
Was Perry saying that Obama’s success was attributable to the DARE program? Or did he just forget about Obama’s drug use.
It’s unclear what the heck he was talking about but he apparently was saying that kids need good roles models... like the DARE team.
But when the kids find out that the DARE lessons are a bunch of crap and that they’ve been bamboozled and sold a bill of goods that doesn’t jibe with their observations, their natural inclination is to actually reject everything the “good guys” say... and stand for.
And what are they to think when these “role models” tell them they will wind up in jail or dead if they ever touch any drugs including marijuana and then they see not just their parents with prescriptions for it but the president succeeding despite his youthful imbibement?
According to the article
Bill Arakaki, the Kaua`i Area Complex superintendent, said it is vital that DARE keep disseminating information to local youth.
Including bad information?
Arakaki along with Perry and Carvalho and the whole out-of-touch-with-reality anti-drug team seem to be living in the dark ages, rotely repeating whatever drivel the funders of DARE tell them to say and actually endangering our kids by feeding them demonstrably false propaganda.
Kids need to be armed with the ability to make good decisions and not lied to. The DARE program fails at that on just about every possible level and leaders on Kaua`i need to wise up to the fact that as long as they dare to be stupid, they are the ones to blame for the ice epidemic through their lockstep adherence to a discredited methodology.
But apparently the vapid, poorly informed leadership on Kaua`i – specifically Mayor Bernard Carvalho and Police chief Darryl Perry- live in their own private little world of denial if an article in today’s local paper is accurate.
According to the article reporting on the statewide DARE Conference at the Hilton Kaua`i Beach Resort,
Kaua`i Mayor Bernard Carvalho praised the DARE program for its work with children to have them recognize and resist drugs and other temptations.
“Having police in the DARE program has its benefits,” he said... “The DARE program has a positive impact on young people...
But that’s not what the US General Accounting Office found in 2003 where they ripped the program new one and reported, among other things, that:
(T)he six long-term evaluations of the DARE elementary school curriculum that we reviewed found no significant differences in illicit drug use between students who received DARE in the fifth or sixth grade (the intervention group) and students who did not (the control group).
And as if to highlight one reason the program is a bust Perry and Carvalho announced that the newly rebranded “Operation Green Steam” had taken up the precious police resources of the undermanned and underfunded KPD to go after two marijuana growing plots recently, one in Kilauea and another larger, less reported, one in Hanama`ulu.
Though on the Big Island their county council has made marijuana enforcement the “lowest priority” for their police department and rejected the formerly named “Green Harvest” federal funds, Kaua`i continues to live in the dark ages.
According to the experts, DARE just makes the problems worse.
The reality is this. In the DARE “classes” kids are told that all drugs are equally bad and destructive and to” just say no”, even to this day. Although the DARE officials say they have changed the program since the GAO report, the reality is that this is still the basic underpinning.
When kids leave the class and hit “the street” they find out that different drugs, especially marijuana, have different and often far less of the horrible effects they are told of in the class.
When the kids find out they were lied to about marijuana- and even see that this “scourge” is prescribed as medicine for many- they naturally think that if they are being lied to about marijuana they are probably being lied to about use of everything from” ice” to “huffing” glue and paint to drinking alcohol and the ingesting of many other substances that cause permanent damage.
It isn’t just a coincidence that ever since the marijuana crackdowns started in the 80’s- especially on Kaua`i- that methamphetamine use has risen to epidemic proportions. People either can’t get marijuana anymore or find that, due to the eradication and enforcement efforts, it’s unaffordable. Many- especially those who discovered they were lied to in their DARE program in school- turn to a cheap and, what they think is probably a harmless, substitute.
One of the most bizarre statements quoted in the article came from Perry who spoke of President Barack Obama, who wrote about his drug use while in high school
Perry is quoted as saying
But with children being surrounded by well-known personalities that have histories of drug use, there are not enough mentors out there for children to learn from, Perry said.
He cited for example Barack Obama, a Hawai`i native now president of the United States.“He is one of thousands of students who graduated from Punahou, but why did he become the president?” Perry asked.
His presidency is attributed to several things, but his achievement is based on all the people involved in his life.
“The people in this room represent all that is right,” Perry said. “And we recognize you for all your work with young people.”
Was Perry saying that Obama’s success was attributable to the DARE program? Or did he just forget about Obama’s drug use.
It’s unclear what the heck he was talking about but he apparently was saying that kids need good roles models... like the DARE team.
But when the kids find out that the DARE lessons are a bunch of crap and that they’ve been bamboozled and sold a bill of goods that doesn’t jibe with their observations, their natural inclination is to actually reject everything the “good guys” say... and stand for.
And what are they to think when these “role models” tell them they will wind up in jail or dead if they ever touch any drugs including marijuana and then they see not just their parents with prescriptions for it but the president succeeding despite his youthful imbibement?
According to the article
Bill Arakaki, the Kaua`i Area Complex superintendent, said it is vital that DARE keep disseminating information to local youth.
Including bad information?
Arakaki along with Perry and Carvalho and the whole out-of-touch-with-reality anti-drug team seem to be living in the dark ages, rotely repeating whatever drivel the funders of DARE tell them to say and actually endangering our kids by feeding them demonstrably false propaganda.
Kids need to be armed with the ability to make good decisions and not lied to. The DARE program fails at that on just about every possible level and leaders on Kaua`i need to wise up to the fact that as long as they dare to be stupid, they are the ones to blame for the ice epidemic through their lockstep adherence to a discredited methodology.
Friday, January 30, 2009
2009: THE YEAR OF CANNABIS REFORM
2009: THE YEAR OF CANNABIS REFORM: Though most would have no idea amidst the mainstream media coverage of various and sundry “silly season” bills introduced at the legislature this year, a package of bills of the utmost seriousness for many is on the agenda..
It’s marijuana reform year (stop giggling) for both medical users and those who have suffered under the insanely draconian- and costly- recreational use laws in Hawai`i.
We fully expect the law enforcement and prosecutorial community to continue their fear-based and fact-lacking crusade to try to stop the sanity.
If the example of what happened on the Big Island when the voters dared to instruct their police department to make enforcement of marijuana prohibition laws the “lowest priority” is any indication, the constabulary has obviously been watching Reefer Madness too many times.
And since they’ll be there we have to be there too.
Eight great bills have passed first reading so far and three are essential to reform the uniquely cruel medical marijuana laws in this state.
The first and most important is one that would put regulation where it belongs- in the Department of Heath instead of the Department of Public Safety where it’s been since the legislature passed the measure a few years back
HB 967 (click here now and throughout the session for status) is assigned to the Public Safety, Heath, Judiciary and Finance committees. It:
Amends the term "medical marijuana" to "medical cannabis"; transfers the administration of the program from the department of public safety to the department of health; authorizes a registration fee of $50; establishes the medical cannabis advisory board; provides for the department of health to license producers to dispense medical cannabis.
The absurd practice of administering the program in a department where the leaders oppose the program has led to things like the ”accidental” release of the list of all the names of participants to a Big Island media outlet and the provision of the list to local police departments rather than having local law enforcement ask whether or not a specific patient is permitted to use cannabis.
Another farce that would end- this one if Bill HB1194 (Status) is passed- is the one that forces patients who need their medicine to illegally purchase it if they can’t grow their own- something difficult for the debilitated and chronic pain patients and something impossible for people who are diagnosed with cancer and start chemotherapy the next day- one of the most common types of users of medical cannabis..
It has also been referred to the Public Safety, Heath, Judiciary and Finance committees and
Requires department of health to grow, manage, operate, and dispense medical marijuana collectives to qualifying patients. Requires department of public safety to provide security for marijuana growing facilities and for transportation of marijuana. Limits each qualifying patient to 1 caregiver. Allows no more than 4 ounces of marijuana to each patient for every 30 calendar days.
The third medical bill HB226 (Status) referred to the Public Safety and Judiciary committees would increase the amounts patents can possess and stops the illegal sharing of medical information that current practice allows along with protecting the location of growing sites from prying eyes. It
Allows a qualifying patient to possess 12 marijuana plants and 7 ounces of marijuana at one time. Prohibits identification of the site where marijuana is grown on a registry card. Prohibits a certifying physician from naming a patient's particular debilitating condition. Allows a caregiver to grow marijuana for no more than 5 patients.
But if the prohibitionists ridiculous attempts to deny sick people medicine is cruel and inhuman their rabid irrational persecution of recreational users is not just over the top but is one of most costly boondoggles in American history.
While real felons roam free due to an acknowledged lack of resources and drunks beat their families and drive off to the next drive-in liquor store, we spend precious dollars on prosecuting otherwise law-abiding pot smokers’ use of an innocuous herb
There are five bills that would rein in the law enforcement zealots.
The first three contain three different ways to decriminalize marijuana use
HB190 (Status) in the Judiciary Committee
Reclassifies possession of less than one ounce of marijuana from a petty misdemeanor to a violation.
HB227 (Status) is also in the Judiciary Committee and
Decriminalizes possession of less than 1 ounce of marijuana and makes the possession a civil violation subject to a fine of not more than $100. Jud
HB1192 (Status), in the Public Safety Human Services. Judiciary and Finance committees,
Makes the possession of less than one ounce of marijuana a civil offense and imposes fines. Requires persons under eighteen years of age against whom a civil judgment is entered to complete a drug awareness program.
The final two make it clear that we are a society where the people make the laws and determine the punishment and the police and prosecutors enforce them- a concept of civilian control over our paramilitary law enforcement agencies that some of them seem to forget.
The first would mirror that Hawai`i Island “lowest priority” provision and make it a statewide mandate
HB1193 (Status) is in the Judiciary and Finance committees and
Provides that the enforcement of laws related to the personal use of marijuana by adults shall be the lowest law enforcement priority for state and local law enforcement agencies.
The last one would bring some sanity to the idiotic “lock ‘em up and throw away the key” policy for both marijuana and low-level felony drug “offenders”
HB308 (Status) in the Judiciary, Public Safety and Finance committees
Directs the attorney general to coordinate a review of the impact of diverting marijuana and low-level felony drug offenders out of the criminal justice system into treatment.
Most of the bills were introduced by House Public Safety Committee Chair Faye Hanohano and Maui Rep. Joe Bertram, and many have support from Speaker Calvin Say, Majority Leader Blake Oshiro and Judiciary Chair Jon Riki Karamatsu – Say even introduced a couple “by request”.
But if these bills are to have any chance we need to let the chairs of the committees know NOW that we are eager for them to schedule hearings on them and let the committee members know of our support.
This could be the year, especially if we remind the legislature of the many millions wasted to interdict, arrest, prosecute and jail both sick people and those who might enjoy an evening of a less radical, more peaceful form of relaxational imbibment than the often-violent alcoholics do.
Check out the full list of committees and their members and write them an email today.
Note: We’re gonna try to set up “Actions at the Legislature” box on the left to track the bills we write about this year so look for it as soon as we can figure out how to do it.
It’s marijuana reform year (stop giggling) for both medical users and those who have suffered under the insanely draconian- and costly- recreational use laws in Hawai`i.
We fully expect the law enforcement and prosecutorial community to continue their fear-based and fact-lacking crusade to try to stop the sanity.
If the example of what happened on the Big Island when the voters dared to instruct their police department to make enforcement of marijuana prohibition laws the “lowest priority” is any indication, the constabulary has obviously been watching Reefer Madness too many times.
And since they’ll be there we have to be there too.
Eight great bills have passed first reading so far and three are essential to reform the uniquely cruel medical marijuana laws in this state.
The first and most important is one that would put regulation where it belongs- in the Department of Heath instead of the Department of Public Safety where it’s been since the legislature passed the measure a few years back
HB 967 (click here now and throughout the session for status) is assigned to the Public Safety, Heath, Judiciary and Finance committees. It:
Amends the term "medical marijuana" to "medical cannabis"; transfers the administration of the program from the department of public safety to the department of health; authorizes a registration fee of $50; establishes the medical cannabis advisory board; provides for the department of health to license producers to dispense medical cannabis.
The absurd practice of administering the program in a department where the leaders oppose the program has led to things like the ”accidental” release of the list of all the names of participants to a Big Island media outlet and the provision of the list to local police departments rather than having local law enforcement ask whether or not a specific patient is permitted to use cannabis.
Another farce that would end- this one if Bill HB1194 (Status) is passed- is the one that forces patients who need their medicine to illegally purchase it if they can’t grow their own- something difficult for the debilitated and chronic pain patients and something impossible for people who are diagnosed with cancer and start chemotherapy the next day- one of the most common types of users of medical cannabis..
It has also been referred to the Public Safety, Heath, Judiciary and Finance committees and
Requires department of health to grow, manage, operate, and dispense medical marijuana collectives to qualifying patients. Requires department of public safety to provide security for marijuana growing facilities and for transportation of marijuana. Limits each qualifying patient to 1 caregiver. Allows no more than 4 ounces of marijuana to each patient for every 30 calendar days.
The third medical bill HB226 (Status) referred to the Public Safety and Judiciary committees would increase the amounts patents can possess and stops the illegal sharing of medical information that current practice allows along with protecting the location of growing sites from prying eyes. It
Allows a qualifying patient to possess 12 marijuana plants and 7 ounces of marijuana at one time. Prohibits identification of the site where marijuana is grown on a registry card. Prohibits a certifying physician from naming a patient's particular debilitating condition. Allows a caregiver to grow marijuana for no more than 5 patients.
But if the prohibitionists ridiculous attempts to deny sick people medicine is cruel and inhuman their rabid irrational persecution of recreational users is not just over the top but is one of most costly boondoggles in American history.
While real felons roam free due to an acknowledged lack of resources and drunks beat their families and drive off to the next drive-in liquor store, we spend precious dollars on prosecuting otherwise law-abiding pot smokers’ use of an innocuous herb
There are five bills that would rein in the law enforcement zealots.
The first three contain three different ways to decriminalize marijuana use
HB190 (Status) in the Judiciary Committee
Reclassifies possession of less than one ounce of marijuana from a petty misdemeanor to a violation.
HB227 (Status) is also in the Judiciary Committee and
Decriminalizes possession of less than 1 ounce of marijuana and makes the possession a civil violation subject to a fine of not more than $100. Jud
HB1192 (Status), in the Public Safety Human Services. Judiciary and Finance committees,
Makes the possession of less than one ounce of marijuana a civil offense and imposes fines. Requires persons under eighteen years of age against whom a civil judgment is entered to complete a drug awareness program.
The final two make it clear that we are a society where the people make the laws and determine the punishment and the police and prosecutors enforce them- a concept of civilian control over our paramilitary law enforcement agencies that some of them seem to forget.
The first would mirror that Hawai`i Island “lowest priority” provision and make it a statewide mandate
HB1193 (Status) is in the Judiciary and Finance committees and
Provides that the enforcement of laws related to the personal use of marijuana by adults shall be the lowest law enforcement priority for state and local law enforcement agencies.
The last one would bring some sanity to the idiotic “lock ‘em up and throw away the key” policy for both marijuana and low-level felony drug “offenders”
HB308 (Status) in the Judiciary, Public Safety and Finance committees
Directs the attorney general to coordinate a review of the impact of diverting marijuana and low-level felony drug offenders out of the criminal justice system into treatment.
Most of the bills were introduced by House Public Safety Committee Chair Faye Hanohano and Maui Rep. Joe Bertram, and many have support from Speaker Calvin Say, Majority Leader Blake Oshiro and Judiciary Chair Jon Riki Karamatsu – Say even introduced a couple “by request”.
But if these bills are to have any chance we need to let the chairs of the committees know NOW that we are eager for them to schedule hearings on them and let the committee members know of our support.
This could be the year, especially if we remind the legislature of the many millions wasted to interdict, arrest, prosecute and jail both sick people and those who might enjoy an evening of a less radical, more peaceful form of relaxational imbibment than the often-violent alcoholics do.
Check out the full list of committees and their members and write them an email today.
Note: We’re gonna try to set up “Actions at the Legislature” box on the left to track the bills we write about this year so look for it as soon as we can figure out how to do it.
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