Gov. Josh Green is urging state lawmakers to address changes in Hawaii’s medical cannabis laws to ensure that primary caregivers can continue to provide essential services to patients in need.
He signed an executive order Monday to protect caregivers who provide medical cannabis to qualified patients from undue criminal enforcement, as the state moves forward with new regulations that took effect at the start of the new year.
The executive order comes in response to recent amendments to Hawaii’s medical cannabis dispensary law and addresses concerns about the potential negative effects on patients and caregivers.
The Department of Health reported 30,035 patients and 2,609 caregivers in its Medical Cannabis Registry Program as of Nov. 30. Severe pain, by far, was the top certified condition for medical cannabis use, with 82.5% of patients reporting the ailment. Other most-reported conditions include post- traumatic stress disorder, persistent muscle spasms, severe nausea and cancer.
Current state law mandates that qualifying patients must obtain medical cannabis or manufactured cannabis products either from a licensed dispensary, where payment is made at the time of purchase, or by cultivating their own cannabis plants in an amount sufficient for their own personal use, with each cultivation site serving no more than five patients.
Additionally, registered primary caregivers no longer are allowed to cultivate cannabis for any qualifying patient.
Green expressed concern the new rules could place undue burden on caregivers, who are critical in ensuring patients receive the care they need.
“We have medical cannabis statutes to provide patients the relief each desperately needs as they navigate very serious health issues. We must protect the patients and their caregivers when the caregivers cultivate cannabis for a patient in a manner that fits squarely within the spirit of the medical-cannabis law,” Green said in a statement.
Under the executive order, the state Department of Health is directed to prioritize enforcement resources for significant violations of medical cannabis laws related to primary caregivers. The order ensures that caregivers can continue their duties without fear of enforcement, so long as they are not committing significant violations, such as diversion of cannabis, using their caregiver status for improper purposes and cultivating cannabis for multiple patients without proper authorization.
“The Hawai‘i Department of Health strongly supports continuing to allow primary caregivers to cultivate medical cannabis for qualifying patients as needed for the patients’ health,” DOH Director Dr. Kenneth Fink said.
The emergency proclamation also specifies that primary caregivers cultivating cannabis for a single qualifying patient will not face enforcement for minor violations, further ensuring enforcement is focused on significant infractions.
And cultivation at locations for up to five qualifying patients remains permissible.
The executive order is a temporary measure designed to prevent unnecessary disruptions for caregivers before legislative fixes can be made. Green has urged the Legislature to act swiftly to address these issues and ensure that caregivers can continue providing vital services to patients in need.
