The state Health Department reversed course Friday, saying it will release the names of medical marijuana dispensary committee members before the panel grants Hawaii’s first licenses for legal pot sales.
On Tuesday the agency said it would keep secret the names of the panelists who are to select eight winning applications from the 66 that were submitted last month. The decision to keep the selection process secret drew a sharp rebuke from lawmakers. The Honolulu Star-Advertiser also threatened to sue the state if the names were not released.
“The department’s original intention was to release the names of the panel members after the dispensary licenses were awarded,” the DOH said on its website. “The reason for this was to ensure that the integrity of the review process is preserved and to prevent the panel members from being subject to inappropriate outside pressures. In light of the extraordinary public interest in the names of the panel members, however, the department has decided that the names will be released prior to the issuance of the dispensary licenses.”
The Health Department did not give a specific date for the release of the names, nor did it state clearly whether the panel members have already been selected.
“If they didn’t have a panel, why didn’t they say so and say they would announce the names after choosing the panel and before the selection process began?” said Frank Bridgewater, editor of the Star-Advertiser.
The Health Department said it is reviewing the applications to make sure they are complete and will “assemble” the panel after that review.
“Currently, department staff are reviewing each application to verify that the application and supporting documentation is complete, that the information submitted is true and valid, and that it meets the requirements of (the law),” the DOH said on its website. “The department will assemble the merit selection panel members after the verification of applications has been completed. Once the panel has been finalized, the names of the panel members will be released.”
Asked to clarify whether panel members have already been selected, Health Department Director Virginia Pressler referred the question to the state attorney general. Joshua Wisch, special assistant to the attorney general, declined to answer the question, saying all the available information was on the Health Department’s website.
Jeff Portnoy, attorney for the Star-Advertiser’s parent company, Oahu Publications Inc., delivered a notice Thursday to the Health Department demanding it disclose the names.
“For the Department of Health to say they’ve now changed their position because of the extraordinary public interest is a spin that is hard to accept since they are legally required to release the names and now they have been confronted by the fact that their prior policy was in violation of state law,” Portnoy said. “We expect those names of the panel will be released as soon as the panel is organized and prior to any work in evaluating the successful qualifying candidates.”
Hawaii legalized medical cannabis in 2000 but did not provide a way for patients to obtain the drug. Act 241, adopted last year, authorizes the DOH to issue eight licenses to sell medical cannabis: three on Oahu, two each on Hawaii island and Maui, and one on Kauai. Each licensee will be allowed to operate two production centers and two retail centers for a total of 16 dispensaries statewide. The department is to select successful applicants by April 15.
Sen. Sam Slom (R, Diamond Head-Kahala-Hawaii Kai) said the selection process should be open to the public, particularly because of the high-profile and politically connected candidates vying for licenses.
“I’ve always been for open transparency, and here’s the (Gov. David) Ige administration talking about how transparent they are and they’re not,” Slom said. “Because there’s some very high-profile people that are among the applicants … we should know who the people are who’s selecting them and what was the criteria for (the selections). It shouldn’t be a secret because there are so many different groups that are involved, and the public wants to know and the public has a right to know.”
Portnoy letter to Pressler & J Okubo (Feb. 11)