NAS - Cannabis Policy Impacts - 2024

Page 33 - Now that states have been legalizing cannabis, what public health measures should be undertaken to protect public health?

NRC - An Analysis of Marijuana Policy - 1982

Marijuana: A Signal of Misunderstanding - 1972

Chapter V - Marihuana and Social Policy - Olmstead v. USA - Judge Brandeis - 1928 - The makers of our Constitution undertook to secure conditions favorable to the pursuit of happiness. They recognized the significance of man's spiritual nature, of his feelings and his intellect. They knew that only a part of the pain, pleasure and satisfaction of life are to be found in material things. They sought to protect Americans in their beliefs, their thoughts, their emotions and their sensations. They conferred, as against the Government, the right to be let alone-the most comprehensive of rights and the right most valued by civilized men.

FR - Proposed Rule for Two Synthetic Opioids - 17Sep24

Footnote 10: On April 11, 2024, the Department of Justice's Office of Legal Counsel (OLC) issued an opinion, which, among other things, concluded that HHS's two-part test would be sufficient to establish that a drug has a currently accepted medical use.

The Guardian - Nearly 43,000 People Commented - Jul 27, 2024

Headset - Unprecedented Support for Rescheduling - Jul 23, 2024

MM - Feds to Weight 40,000 Comments - Jul 23, 2024

Pennsylvania Department of Health - Public Comment - Jul 22, 2024

CANNRA - Public Comment - Jul 17, 2024

Governor Green - Response - Jun 17, 2024

Governor Green Notification - Jun 14, 2024

DEA-2024-0059-17585

DEA-1362 - Public Comment - Otto - Jun 14, 2024

Federal Register - NPRM - May 21, 2024

89 FR 44597-44622 - May 21, 2024

DEA - NPRM - Marijuana Rescheduling - May 16, 2024

“If marijuana is transferred into schedule III, the manufacture, distribution, dispensing, and possession of marijuana would remain subject to the applicable criminal prohibitions of the CSA. Any drugs containing a substance within the CSA’s definition of “marijuana” would also remain subject to the applicable prohibitions in the Federal Food, Drug, and Cosmetic Act (“FDCA”).”

DEA - Proposed Amendment - May 16, 2024

OLC - Rescheduling Questions - Apr 11, 2024

Hawaii Population Data 2023

Chronic Pain (21%) x Hawaii Adult Population (1,062,002) = 223,020 Potential Patients

“The attorney general is the chief legal officer under the Constitution, and what that means is that we advise all three branches of government: executive, judicial and the legislature as well.” Article word count = 3753, Word search = Federal, Hits = 0.

USA v. Alston - Opening Brief - Mar 7, 2024

“While “[t]he Second Amendment … ‘elevates above all other interests the right of law-abiding, responsible citizens to use arms’ for self-defense,” unlawful users of controlled substances are not responsible citizens and are not guaranteed unfettered Second Amendment rights.”

REFERENCES

1 - 2 - 3 - 4 - 5 - 6 - 7 - 8 - 9 - 10 - 11 - 12 - 13 - 14 - 15 - 16 - 17 - 18 - 19 - 20

KHON2 Interview with Subtitles and Graphics

HOUSE BILLS

HB 1596 HD1 - Decriminalize One Ounce - Never Heard by FIN

HB 1952 HD1 - Dispensary Wholesaling - Never Heard by FIN

HB 2443 HD2 SD1 - Patient Cultivation and Caregiving - FIN release denied

HB 2445 - Post-market Testing - Deferred by JHA/AGR

HB 2600 - Adult Use - Never Heard by JHA/AGR

SENATE BILLS

SB 2461 SD2 HD1 - Dispensary Wholesaling - Act 172

SB 2487 SD1 HD1 - Decriminalize One Ounce - Failed final Senate reading

SB 2619 - Medical Cannabis Farming - Never Heard by HHS/CPN

SB 3132 SD1 - Patient Cultivation and Caregiving - Never Heard by JDC/WAM

SB 3134 - Post-market Testing - Never Heard by HHS/CPN

SB 3278 - Patient Protections - Never Heard by HHS/CPN

SB 3335 SD2 HD2 - Adult Use - Never Heard by FIN

SEC. 301. DOCTOR-PATIENT RELATIONSHIP.

It shall not be a violation of the Controlled Substances Act (21 U.S.C. 801 et seq.) for a State-licensed physician to discuss—

(1) the currently known potential harms and benefits of marijuana derivatives, including cannabidiol, as a treatment with the legal guardian of the patient of the physician if the patient is a child; or

(2) the currently known potential harms and benefits of marijuana and marijuana derivatives, including cannabidiol, as a treatment with the patient or the legal guardian of the patient of the physician if the patient is a legal adult.

HAH has improved public and governmental response to the financial and regulatory challenges faced by its members by articulating those challenges, and developing solutions that meet the needs of its members and the people they serve.

SDA - 2022 Church Manual

Health and Temperance, page 152: When we practice the principles of healthful living, we will not feel the need for stimulants. Nature’s law forbids our use of intoxicants and narcotics of any kind. From the early days of this movement abstinence from the use of liquor and tobacco has been a condition of membership. (See pp. 50, 52, 67-68, 100, 175-176.)

Baptismal Vow and Commitment, page 52: 10. Do you believe that your body is the temple of the Holy Spirit; and will you honor God by caring for it, avoiding the use of that which is harmful, and abstaining from all unclean foods; from the use, manufacture, or sale of alcoholic beverages; from the use, manufacture, or sale of tobacco in any of its forms for human consumption; and from the misuse of or trafficking in narcotics or other drugs?

Reasons for Discipline, page 68: 14. The use or manufacture of illicit drugs or the use, misuse, or sale of narcotics or drugs without appropriate medical cause and license.

Health Ministries, page 100: In addition to ministering to those who are ill, this responsibility extends to the prevention of disease through effective health education and leadership in promoting optimum health, free of tobacco, alcohol, other drugs, and unclean foods.

SDA - Medical Marijuana Considerations - May 19, 2023

IOWASKA CHURCH OF HEALING v. USA - March 31, 2023

Page 11 - the CSA authorizes the Attorney General to create exemptions from the prohibitions on handling controlled substances, see 21 U.S.C. § 822(d), and individuals seeking a CSA exemption must file a written request to the DEA Administrator to obtain that exemption, as plaintiff has done here. See 21 C.F.R. § 1307.03

INCB Concerns Over Legalization - March 9, 2023

In the report, INCB clarifies that the cultivation and use of cannabis for medical purposes is permitted, as long as certain conditions of the conventions are met surrounding licensing, national controls and provision of estimates of medical requirements to INCB. The report notes that in some States, “medical cannabis programmes” are operating without these controls and without meeting WHO standards related to manufacturing and prescribing.

INCB - Annual Report - 2022

Blake Oshiro, a senior adviser to Green, said the governor remained supportive of allowing adults to use cannabis but he wants to make sure that any legislation protects public safety and consumers.

“Marijuana remains popular and in abundance in Hawaii, and with the development of legalized medical marijuana dispensaries and efforts for full legalization, it is anticipated that Hawaii will mirror the ramifications of legalized marijuana as in the state of Colorado: black market marijuana production and distribution will flourish in Hawaii, children will be using marijuana at a younger age and illicit outdoor marijuana cultivation will prevail in the remote areas of the Hawaiian Islands.”

Fusion Centers and HIDTA Investigative Support Centers

“The Task Force concludes that neither a federal crackdown nor a hands-off approach is advisable. In the absence of cannabis rescheduling, or its legalization at the federal level, the Task Force recommends that Congress and the Administration develop a state waiver process or contractual framework. Without it, states and the industry will continue to exist under an illusion of sovereignty where circumstances can change at any moment. A balanced and thoughtful accommodation from the federal government would provide confidence to states, stabilize the market, and help address many of the myriad safety and health problems.”

THE HILL - Judiciary - Marc Levin - April 6, 2022

“The bill, sponsored by Democratic Rep. Jerry Nadler of New York, will prevent federal agencies from denying federal workers security clearances for cannabis use, and will allow the Veterans' Administration to recommend medical marijuana to veterans living with posttraumatic stress disorder, plus gains revenue by authorizing a sales tax on marijuana sales.”

The federal Bureau of Labor Statistics shall maintain a national public database of all business owners and individuals who are employed in the cannabis industry.

HACDACS 2021 Report to the Legislature - December 31, 2021

Page 16: "HACDACS recommends pursuing all available options for protecting Hawaii’s medical cannabis patients from legal repercussions related to the federal prohibition and current Federal scheduling of Cannabis as a schedule 1 drug. An advisory group consisting of representatives from involved state and local agencies, the medical community, the medical cannabis industry and community groups may provide added resources and expertise to help solve this difficult problem."

“The medical community agrees that we need more research to learn about marijuana’s potential health benefits, but our federal laws today are standing in the way of us finding those answers,” said Senator Schatz. “We are now one step closer to removing excessive barriers that make it difficult for researchers to study the effectiveness and safety of marijuana, and hopefully, give patients more treatment options.”

S.253 - Cannabidiol and Marihuana Research Expansion Act

2022 House Bills

2022 Senate Bills

“Until rigorous evidence about the benefits and risks of medical cannabis is available, policymakers must ensure that transparency and safety are prioritized to support patients and clinicians alike.”

Based upon a telephone conversation with the Elder of the Bible Questions Desk at the New York Headquarters on November 9, 2021, the medical use of cannabis that is authorized by a physician and being used under medical supervision does not constitute a scriptural violation and is considered a “personal choice”. The Elder recommended that members making this personal choice let their local Elder know so there is no misunderstanding within the community, but only if the member is comfortable sharing this confidential medical information.

State Attorney General Clare Connors said in oral arguments before the court last year that the state constitution mandated only that a bill have a broad enough title to encompass the changed content and that the bill be in its final form when it goes up for its last vote. She argued the Legislature needed flexibility to be able to substitute bill content to allow it to respond to unforeseen emergencies, like when it passed measures to respond to flooding on Kauai in 2019 and when it passed legislation to address the coronavirus pandemic in 2020.

Today is an important day for the State of California.  

Twenty-five years ago (November 5, 1996) California enacted Proposition 215, also known as the Compassionate Use Act, which created the first state authorization for the medical use of cannabis.  

We don’t know why California didn't work with the DEA to prevent a conflict with the federal regulation of marijuana.  Maybe because Prop 215 was enacted by voter initiative they figured it wasn’t worth the effort, or maybe they didn't realize that a solution exists. 

But the situation is very different in Hawaii, where our Medical Use of Cannabis Act was enacted via the legislative process, and we have a solution for the ongoing federal conflict that was unanimously adopted by both chambers of the Legislature last Session.  

Now we just need to follow through on HCR132, to protect our patients and prevent our state from falling prey to the false promises of recreational legalization.  

On Capitol Hill, the whispers of federal marijuana reform and legalization have grown into a clamor. But because of a lack of consensus among lawmakers and industry members, change is not on the immediate horizon, Walsh said.

"I'm still doubtful that we're going to see any significant federal reform next year ... including in banking," Walsh told CNN Business, referencing longstanding efforts to change federal law to allow state-legal cannabis businesses (and those that serve them) access to traditional banking services.

"I agree that it's an uphill slog to see federal legalization, but what we're putting on the table is inevitability," Steven Hawkins, CEO of the US Cannabis Council and executive director of the Marijuana Policy Project, said during a MJBizCon panel on federal legalization. "When you get to the point when half of the country has legalized for adult-use, we have now set a stage for inevitability. And that begins to change the tone and tenor in Washington."

REQUESTING THE DEPARTMENT OF HEALTH TO APPLY TO THE DRUG ENFORCEMENT ADMINISTRATION'S OFFICE OF DIVERSION CONTROL FOR AN EXCEPTION UNDER TITLE 21 CODE OF FEDERAL REGULATIONS SECTION 1307.03, AND REQUEST FORMAL WRITTEN ACKNOWLEDGMENT THAT THE LISTING OF MARIHUANA, MARIHUANA EXTRACT, AND TETRAHYDROCANNABINOLS AS CONTROLLED SUBSTANCES IN FEDERAL SCHEDULE I DOES NOT APPLY TO THE PROTECTED ACTIVITIES IN HAWAII REVISED STATUTES.

HCR132 HD1 SD1 - Certified Copy - May 4, 2021

Letter to Governor Ige - Update on Federal Exemption - May 15, 2021

“The legislature further finds that allowing the medical use of marijuana could promote Hawaii as being an international center for medical treatment and research.”

Sec. 96. FEDERAL SCHEDULE I EXEMPTION APPLICATION FOR MEDICAL USE OF CANNABIS (Page 252). 

By September 1, 2021, the commissioner of health shall apply to the Drug Enforcement Administration's Office of Diversion Control for an exception under Code of Federal Regulations, title 21, section 1307.03, and request formal written acknowledgment that the listing of marijuana, marijuana extract, and tetrahydrocannabinols as controlled substances in federal Schedule I does not apply to the protected activities in Minnesota Statutes, section 152.32, subdivision 2, pursuant to the medical cannabis program established under Minnesota Statutes, sections 152.22 to 152.37. The application shall include the list of presumptions in Minnesota Statutes, section 152.32, subdivision 1.

Dr. Chanda Macias: “The states have really taken a proactive approach with protecting patients, which I adore. Now, federally, we need to lead the way. But also with that, I think about banking issues. What a lot of people don't know is that we can't use traditional banks in this space because it's still federally illegal.”

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Hawaii State Oath of Office

Article XVI, section 4, of the Hawaii constitution

All eligible public officers, before entering upon the duties of their respective offices, shall take and subscribe to the following oath or affirmation: "I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States, and the Constitution of the State of Hawaii, and that I will faithfully discharge my duties as ____________ to the best of my ability."

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REQUEST FOR INFORMATIONAL BRIEFING

Council on Developmental Disabilities - Executive Board Meeting - December 14, 2020

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FEDERAL EXEMPTION PROPOSAL FOR 2021 SESSION

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SENATE COMMITTEE ON HEALTH HAS BEEN RESURRECTED !

Civil Beat Article on Recreational Cannabis - November 11, 2020

“Sen. Jarrett Keohokalole, who was recently named chairman of the Senate Health Committee, said he does plan to hold a hearing on a legalization bill in the legislative session that begins in January.”

NEW DOH DIRECTOR - LIBBY CHAR, MD

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First Press Conference as Director of DOH on September 16, 2020

"We need to make sure that we're paying attention to our health beyond COVID.”

RESURRECT THE SENATE COMMITTEE ON HEALTH

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2020 Legislative Session

329 Veteran Standown - Dr. Otto’s Presentation - September 14, 2019

2019 LEGISLATIVE SESSION

HCR89 - Requesting Congressional Action - PSM on 04/16/2019 - Testimony

GM543 - Relating to Nominee Espinda - PSM on 04/04/2019 - Testimony

HB673 HD2 SD1 - Relating to Medical Cannabis - JDC/WAM on 04/03/2019 - Testimony

SB1263 SD1 - Relating to the UCSA - JUD on 03/25/2019 - Testimony

HCR89 - Requesting Congressional Action - JUD on 03/22/2019 - Testimony

HB673 HD2 - Relating to Medical Cannabis - CPH on 03/21/2019 - Testimony

SB1263 SD1 - Relating to the UCSA - HLT on 03/21/2019 - Testimony

HB1383 HD2 - Relating to Marijuana - JDC on 03/19/2019 - Testimony

SB1353 SD3 HD1 - Relating to Industrial Hemp - JUD on 03/18/2019 - Testimony

HB290 HD1 - Relating to the UCSA - CPH on 03/15/2019 - Testimony

GM541 - Relating to Nominee Anderson - CPH on 2/25/2019 - Testimony

HB673 HD2 - Relating to Medical Cannabis - FIN on 02/21/2019 - Testimony

SB1263 - Relating to the UCSA - CPH on 02/20/19 - Testimony

HB131 HD2 - Relating to Hemp - FIN on 2/20/2019 - Testimony

SB541 - Relating to Medical Cannabis Products - CPH on 02/20/2019 - Testimony

SB1353 SD1 - Relating to Industrial Hemp - WAM on 02/19/19 - Testimony

HB673 HD1 - Relating to Medical Cannabis - JUD on 02/14/19 - Testimony

SB1266 - Relating to the UCSA - CPH on 02/13/19 - Testimony

HB131 HD1 - Relating to Hemp - JUD on 02/12/2019 - Testimony

HB290 - Relating to the UCSA - JUD on 02/07/2019 - Testimony

SB527 - Relating to Cannabis for Medical Use - CPH on 02/06/19 - Testimony

HB131 - Relating to Hemp - AGR on 02/06/2019 - Testimony

HB673 - Relating to Medical Cannabis - HLT on 02/05/19 - Testimony

SB1335 - Relating to Hemp - AEN on 02/04/19 - Testimony

SB686 - Relating to Marijuana - JDC on 01/31/19 - Testimony

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FDA Call for Comments on CBD - Testimony - May 28, 2019

DOJ Marijuana Summit - March 28, 2019 - Agenda - Dr. Otto’s Presentation

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APPEARANCES

ONLINE ARTICLES

NEWSPAPER MENTIONS

LETTERS TO THE EDITOR

PRESENTATIONS

John Burns School of Medicine - Medical Cannabis: What's the Evidence ? - CME event - November 4, 2017

ARTICLES IN PRINT

Clifton Otto, MD

Available by appointment for Confidential Medical Consultation.  

808-233-8267