Hold hearings on status of pot

Proponents of legalizing recreational marijuana are following two states that have taken that step and are pointing to a recent poll indicating that such a move has gained support in Hawaii. These indicators reflect a growing trend nationally to accept the legal use of marijuana for both recreational and medicinal purposes. While it may not be time for Hawaii to jump on this bandwagon, it’s certainly time for the Legislature to hold hearings on the issue and chart a way forward.

Voters in Colorado and Washington states agreed last year to legalize recreational marijuana for adults. Marijuana use violates the federal Controlled Substances Act, and the U.S. attorney in Seattle warned Washington residents after the election that "growing, selling or possessing any amount of marijuana remains illegal under federal law." Since then, however, President Barack Obama has appeared reluctant to enforce it.

In a recent interview, Obama said the feds have "bigger fish to fry" than recreational users.

"It would not make sense for us to see a top priority as going after recreational users in states that have determined it’s legal," he told Barbara Walters.

Senate Judiciary Chairman Patrick Leahy, D-Vt., has said his committee will convene a meeting on state marijuana laws.

Hawaii is among 17 states and the District of Columbia that allow marijuana to be used by medical patients to reduce severe pain. Legislators, however, have refused to launch a medical marijuana dispensary as a pilot program.

The Justice Department has closed down privately operated medical marijuana dispensaries in Colorado and California.

Needless to say, the conflicts in state and federal mandates only add to confusion over policy goals.

Now comes a poll taken in Hawaii in November and December by an "action group" associated with the Drug Policy Forum of Hawaii, which has favored legalization, indicating that 78 percent of 600 residents surveyed favor such a medical marijuana dispensary program for registered patients, and that 57 percent support legalizing, regulating and taxing the sale of personal use of marijuana by adults, up from 37 percent in 2005.

A related study by David C. Nixon, a University of Hawaii social sciences associate professor, underwritten by the action group, estimated that decriminalization would reduce enforcement costs by $12 million a year, and tax revenues, much like tobacco taxes, would total at least $11.3 million. Since 2004, marijuana possession arrests have increased by almost 50 percent and distribution arrests have nearly doubled, according to Nixon.

Public opinion about decriminalizing marijuana clearly has changed across the country in recent years. A national poll taken in December sponsored by the pro-legalization Marijuana Policy Project showed that 58 percent favor making pot legal. A CBS poll found that respondents were divided at 47 percent for and against; a year earlier, 51 percent had opposed legalization.

Hawaii should join many other states in closely observing the ramifications of marijuana legalization in Colorado and Washington. It should consider all sides of the issue, including the strong opposition to full legalization from the law-enforcement community.

Meanwhile, the Legislature should reconsider opening a state-run medical marijuana dispensary for registered patients and transfer the program to the Health Department.

After all, if medical marijuana is legal in Hawaii, it should be obtainable — under strict government controls.