Here’s what you should know .. (the good and the bad of it)
Cannabis is medicine & there's still so much to learn.
If you are registered by the Board of Public Safety as a medical marijuana user, you should know all of the conditions below that sets out what you can and can’t do.But caveat emptor or “buyer beware”, the rules and regulations around Cannabis as a medicine for registered medical patients in Hawaii is not intended to make sense.
The first major problem with the law as it stands now is that you can’t buy Cannabis for medical use (it’s illegal to do so) and you also can’t obtain seeds legally. We know this is a little bit of stretch because hey.. aren’t they asking for some kind of miraculous event to happen for each and every marijuana patient since it is illegal to obtain the seeds and it is illegal to buy Cannabis? Major disconnect here don’t we all think?
Of course if that is to change, the people you need to speak to are your State Legislators (who are pondering on it right this moment) and also a guy named Keith Kamita. This is his picture. He’s the Administrator of the Narcotics Enforcement Division. You should know that this man has never expressed public support for medical marijuana. He has expressed disregard for a broad range of illnesses for which medical marijuana is considered a useful treatment. He made the statement while on the witness stand that medical marijuana should be limited to people with Aids, Leukemia or Cancer. He is concerned, he stated, that too many people just put down ‘pain’ as a reason for needing the medicine. He also gives testimony before the court that Cannabis remains a very dangerous drug. He has said on the witness stand that he considers Cannabis a ‘gateway drug’ and therefore it should not be used in the community except under very controlled conditions. He also asserted that he believes that since the medical marijuana registry program began, more marijuana has been available for sale to school children (although he never explained if this was ‘fact’ and if it could be verified). It appears that Mr. Kamita doesn’t like Cannabis and he doesn’t like to see people using it too much. It must be hard for him to find job satisfaction unless you account for those times he gets to authorize someone having their certificate revoked.
We would like to see a new approach from Mr. Kamita.. especially in the light of this weeks news that the AMA don’t want to go on pretending any more that this is a dangerous drug.
To read more about Mr. Keith Kamita & public comments he has made about medical marijuana go to this link here http://www.zoominfo.com/people/Kamita_Keith_16162375.aspx
Also consider taking the survey we designed for medical marijuana users.. It’s intended to gather information so that we can know how better to represent you and your needs as a registered medical marijuana user. There’s a link here and also at the bottom of this post: http://peacefulskyalliance.com/donate-2/
Anyway.. all that aside, here are the limitations you should be aware of as a registered “Medical Marijuana” user:
1. A Qualifying patient shall only have one primary care-giver and only one physician issuing a written certificate at any time.
2. How much Marijuana am I authorized to grow or possess?
- The qualifying patient and primary care-giver may not possess more than an “adequate supply” not exceeding a total of 3 mature plants, 4 immature plants and 1 ounce of usable marijuana per each mature plan
- It is only to be used to mitigate the symptoms or effects of the qualifying patients debilitating medical condition.
3. Where can Medical Marijuana be grown?
- Medical marijuana can only be grown at the qualifying patients home address or the address of the primary caregiver approved by the administrator designated on the registry certificate.
- All plants need to be clearly marked with the patients registration number.
4. Prohibited Areas and Activities
- The sale of marijuana is strictly prohibited!
- The authorized use of medical marijuana shall NOT apply to any activity that endangers the health or wellbeing of another person.
- It is prohibited in any moving vehicle including school and public buses
- It is prohibited in workplaces, school grounds, public parks, beaches recreation centers
- It is prohibited at any place generally accessible to the public
5. Will having a patient registry certificate exempt me from US Department of Transportation drug-testing rules?
- Department of Transportation rules do not recognize medical marijuana as an explanation for a positive test result.
- In addition your employer will be required by DOT rules to remove you from safety-sensitive functions.
- Many other federal agencies and other employers take a similar position.
- Your employer may elect to take other action including termination.
- It is suggested that you speak with your employer relating to the possible consequences of utilizing medical marijuana in regards to drug testing.
- What if I need to ammend the information on my Registry Identification Certificate?
- Qualifying patients and primary caregivers are required to report any change in information within 5 working days to: Department of Public Safety, Narcotics Division, 3375 Koapaka St. Suite D-100, Honolulu, HI 96819. No fee is assessed for certificate modification. Failure to report changes will invalidate your certificate and require re-registration and a late fee.
6. What if a patient dies?
- If a patient dies (or no longer suffers from a debilitating medical condition) then either the patient, or their family and their primary caregiver are required to return their certificates within 7 days and have their marijuana supply legally disposed of (it isn’t specified in what manner)
- The qualifying patient’s physician shall notify both the department and the patient when the patients condition no longer warrants the use of medical marijuana.
7. Can the Department of Public Safety terminate my certificate?
- The department has the authority to revoke certificates if the applicant furnished false or fraudulent material or ommitted information, or if the physician’s medical license or state controlled substance registration is suspended or revoked or for violation of any Hawaii Revised Statute 329-126
- When revocation is being proposed, the patient, the primary caregiver and the physician are notified by mail. The patient and/or caregiver may contest the proposed revocation by submitting a written request within 30 days of the notification for an administration hearing in conformity with Chapter 91 Hawaii Revised Statutes.
8. Fraudulent Misrepresentation Penalty:
- Not withstanding any law to the contrary, fraudulent misrepresentation to a law enforcement official of any fact or circumstance relating to the medical use of marijuana to avoid arrest or prosecution under this part or Chapter 712, shall be a petty misdemeanor and subject to a fine of $500.
Have you taken our survey yet? Go here to take it: http://peacefulskyalliance.com/donate-2/
