Lawmaker’s pakalolo ties might provoke suspicion

State Democratic Majority Leader J. Kalani English is raising eyebrows at the state Capitol after he helped to pass the law to create medical marijuana dispensaries in Hawaii and then joined in a group that applied for one of the potentially lucrative dispensary licenses.

State employees and lawmakers are prohibited from using their positions to receive any unwarranted advantages, and cannot use confidential information obtained through their positions to benefit themselves. And no one is suggesting English has done that.

However, some of English’s colleagues are saying privately or publicly that his participation in a firm that applied to become one of Hawaii’s first marijuana retail centers gives the appearance of a conflict to the public.

“I wouldn’t do it,” said Sen. Sam Slom, the lone Republican member of the state Senate. Slom, a small-business man and an advocate for small business, said he has worked hard over the years to maintain a clear separation between his official acts as a lawmaker and his personal business interests.

“Look, there’s already people that think that we’re self-dealing or we’re crooks or we’re jerks or whatever, so I think to the extent that we can show them that we are fair and we are open and we’re doing our job, I think that’s the most important thing,” said Slom (R, Diamond Head-Kahala-Hawaii Kai).

English is listed in state records as one of four members of Hawaii Medicinal Options LLC, which is one of 59 applicants for eight marijuana dispensary licenses. Also listed as members are Alan Texeira, Patricia McIntyre and Winwright Corp. Altogether there are 66 applications.

English (D, Molokai-Lanai-East Maui) did not respond to requests for comment Friday.

Another of English’s colleagues, who asked not to be identified, said the public might believe that English, a key leader of the Senate’s ruling Democratic caucus, will somehow use his clout to influence the selection process.

“I don’t have a sense that he’ll be given any special treatment, but it’s the perception,” the lawmaker said. “It’s the general perception of it, because there’s a general distrust anyway.”

And since bills are being considered this year to refine the dispensary law, the situation appears to be one where “you’re in the game, and now you’re making rules for it,” the lawmaker said.

Lawmakers this year are considering a number of possible changes to the law such as specifying that license holders can cultivate marijuana in greenhouses or shade houses, and English would normally participate in measures like those as the majority leader and a voting member of the Senate.

State Ethics Commission Executive Director Les Kondo said the Hawaii State Code of Ethics exempts lawmakers from the conflicts-of-interest restrictions when it comes to voting or participating in official matters as legislators, so English can vote on those issues.

The commission has not reviewed English’s specific situation, but “just the fact that he is listed as an applicant, that alone doesn’t violate the state ethics code,” Kondo said.

But Rep. Marcus Oshiro, who has been a supporter of medical marijuana but a critic of the new dispensaries law, said there are already questions about favoritism or undue influence in the process to decide who will get licenses, and that this doesn’t help.

“It leaves a bad taste in people’s mouths, and I wouldn’t want to touch this with a 10-foot pole,” said Oshiro (D, Wahiawa-Whitmore-Poamoho). “Perception counts for a lot in politics, and from most people’s perspective it doesn’t look good to amend the laws that could benefit you or your friends.”