Since Hawaii’s Medical Marijuana Program has been transferred from the Department of Safety to the care of the Department of Health (DOH), the Administrative Rules MUST be changed.
THE DOH posted a Notice of Public Hearing for DOH Administrative Rules on December 20, 2014. Links to the entire DOH notice are below.
Some highlights of the notice:
The public hearings are scheduled to start January 28, 2015 on the Big Island (Hilo) and will continue on Oahu February 2nd, on Maui February 3rd and on Kauai February 5th.
The TOPICS WILL include administrative rules and the procedures for :
** Application processing, registrations, monitoring, and disciplinary actions.
** Maintaining confidentiality for patients and caregivers.
** Petitioning to add a disease or health condition to the list of qualifying conditions.
** Physician requirements for issuing written certifications and maintaining medical records.
Please NOTE: Topics will NOT include the medical marijuana dispensary system or the task force recommendations.
The DISPENSARY IS A SEPARATE ISSUE and and the way to give your input for that is through the legislative process –which starts ON January 21, 2015.
Also note that these RULES are required to implement the EXISTING LAWS and CANNOT CHANGE any element of it (for instance they cannot increase plant limits).
The public does have an opportunity to weigh in (details are BELOW) and all of your comments, positive or negative are equally important and encouraged.
Once all of the administrative rules are approved, the proposed changes can be officially implemented. These include initiating a process for DOH to add NEW CONDITIONS and improving the program by implementing a fully-electronic system.
Please realize that ADMINISTRATIVE RULE making is cumbersome, time-consuming and requires going through many bureaucratic hoops. It can take many months to finalize the rules, especially if substantive changes are made.
Excerpt from the Public Hearing Notice:
Pursuant to Hawaii Revised Statutes Chapter 91, notice is hereby given that the Department of Health (DOH) will hold a public hearing for the proposed adoption of Chapter 11-160, Hawaii Administrative Rules, Medical Use of Marijuana.
This proposed new chapter would establish the medical marijuana program at DOH, including A NEW process for DOH to approve debilitating medical conditions, physician requirements to participate in the medical marijuana program, registration of qualifying patients and primary caregivers, monitoring and corrective action, administrative procedure, and confidentiality of information.
HEARING DATES and LOCATIONS:
Big Island–Date: Wednesday, January 28, 2015 Time:10:30 am to 12:30 pm
Place: State Office Building, Conference rooms A, B and C 75 Aupuni St. Hilo, Hawaii, HI 96720
Oahu--Date: Monday, February 2, 2015 Time:10:30 am to 12:30 pm
Place: Diamond Head Health Center 3627 Kilauea Ave.,Room 418 Honolulu, HI 96816
Maui— Date:Tuesday, February 3, 2015 Time: 10:30 am to 12:30 pm
Place: State Office Building 54 South High Street, Third Floor Conference Room, Wailuku, Maui, HI 96793
Kauai — Date: Thursday, February 5, 2015 Time: 10:30 to noon
Place: State Office Building 3060 Eiwa St., Basement Lihue, Kauai, HI 96766
All WRITTEN testimony must be received no later than February 6, 2015, at 4:30 p.m.
PUBLIC TESTIMONY– All interested persons shall be afforded the opportunity to submit testimony, orally and/or in writing, on the proposed administrative rules at the time of the public hearing. Persons who are not able to attend the public hearing may submit written testimony to DOH: by mail at: 4348 Waialae Avenue, #648, Honolulu, Hawaii 96816; or by email at firstname.lastname@example.org
Any person requiring a special accommodation (e.g., assistance of a sign language interpreter) at the public hearing shall file a request with DOH by email at email@example.com or by calling (808) 733-9010 or via relay, at least ten business days before the public hearing.
To see more information on the hearing, please click Public Hearing Notice.
To read the proposed rules, please click Proposed Administrative Rules.