The story of marijuana as medicine at the state Capitol this year was a story of careful preparation, dogged grass-roots politics and compassion for those who suffer from chronic illnesses. And don’t forget the impact of money.
Bills to establish marijuana dispensaries in Hawaii have stalled in the state Legislature for years, but dispensaries suddenly emerged this year as one of the most talked-about issues for lawmakers. It was an issue so important they refused to allow it to die.
When negotiations broke down Friday night over details of the marijuana dispensary bill, the Senate’s Democratic caucus quickly gathered to sign a petition expressing their desire to see a bill pass this year. Senate Health Committee Chairman Josh Green, who was blamed by many for the failure of the dispensary bill, was then stripped of control of the measure.
Yanking control of the bill away from Green was an extraordinary deviation from normal procedure at the Legislature, where committee chairs routinely wield the power to decide which bills live and which die.
The House and Senate then immediately bent yet another rule by reviving House Bill 321, and scheduling a conference committee hearing for noon on Monday to advance the dispensary bill. That contradicted stern warnings earlier Friday by House Speaker Joe Souki and Senate President Donna Mercado Kim that there would be "no exceptions" to a Friday night deadline for positioning all bills for final passage.
That flurry of unusual activity comes nearly 15 years after lawmakers first approved the prescription and use of medical marijuana. Since then, they repeatedly refused to establish marijuana dispensaries for patients, which meant those patients had no legal way of purchasing cannabis.
That state of affairs was acceptable for many years, but suddenly this year, it wasn’t. Now, lawmakers seem determined to act.
Senate Public Safety Committee Chairman Will Espero, who stepped in as lead negotiator for the Senate after Green was removed, said his colleagues seem willing to move forward with the most recent House proposal for the dispensaries bill with mostly technical changes, possibly including adjustments in the timing of when the law would take effect.
"I don’t see anything significantly different," he said. "I’m hopeful that Monday we’ll be able to pass something."
Espero said lawmakers are pushing hard to move a bill because they had been working for years on the dispensaries issue, which affects more than 13,000 registered medical marijuana patients. Senators have been approached by constituents who had relatives or friends who use medical marijuana, and the rooms at the state Capitol were packed for each hearing on the issue, he said.
Rafael Kennedy, executive director of the Drug Policy Forum of Hawaii, said he doesn’t know the details of what happened Friday in the Senate or why, but he was pleased with the result.
"I think that we’re all really glad to see that the Legislature is taking patient needs seriously, and is willing to take unusual steps to make sure that something happens," he said.
Kat Brady, coordinator of the Community Alliance on Prisons and a strong advocate of dispensaries, said some key lawmakers had flatly committed to passing a dispensary bill this year, and they are honoring their promise. Efforts to pass a bill were also bolstered this year by the painstaking work of the Legislature’s Medical Marijuana Dispensary Task Force, which issued its final report in January.
That report concluded that a dispensary system is "long overdue," and that establishing a network of dispensaries could vastly improve the lives of medical marijuana patients. The task force representatives came from agencies ranging from the Attorney General’s Office to the state Department of Health, and offered 38 recommendations detailing how the dispensary system should be established and operated.
Task force members included key leaders at the Legislature, including Senate Commerce and Consumer Protection Committee Chairwoman Rosalyn Baker, House Public Safety Committee Chairman Gregg Takayama and House Health Committee Chairwoman Della Au Belatti, who has been a determined supporter of dispensaries. The task force also included Green.
Another factor that likely figured into lawmakers’ considerations this year are changing public attitudes now that many states have established their own dispensary systems for medical marijuana, Kennedy said.
"This issue is becoming more and more mainstream," with Drug Policy Action Group data from 2014 showing that 85 percent of Hawaii residents support establishing local dispensaries, he said.
Also helping with the marijuana dispensaries bill this year is an impressive selection of Hawaii’s top lobbyists. One of the best-known is Bob Toyofuku of Government Affairs Consulting, who has worked with the Drug Policy Action Group. Kennedy said that group is affiliated with the Drug Police Forum of Hawaii.
Funding for Toyofuku’s efforts was provided in part from grants from the late billionaire Peter B. Lewis, a nationally known advocate of marijuana legalization, Kennedy said. According to Forbes, Lewis spent nearly $3 million in 2012 promoting marijuana legalization measures in Washington and Massachusetts.
Another high-powered advocate for the bill is John Radcliffe of Capitol Consultants of Hawaii, who represents a company called Pacific Eclipse. Founded in Southern California in 2006, Pacific Eclipse bills itself as an "an industry leader in producing high-quality and safe medical marijuana products."
Radcliffe was on hand to watch the tense moments Friday evening as the dispensary bill appeared to be dying. Also on hand for the excitement was Bruce Coppa, executive vice president of Capitol Consultants, who served as chief of staff to former Gov. Neil Abercrombie.
Espero said it is isn’t surprising that lobbyists would be involved.
"We have had a lot of interest from many people because it could provide some economic opportunities for people," he said. "We want those economic opportunities to be available to local Hawaii residents, for sure. That’s a big thing we are trying to make certain occurs."