As anticipated, Gov. Linda Lingle vetoed legislation this week that called
on state lawmakers to study review guidelines and practices pertaining to
Hawaii's nearly 10-year-old medicinal marijuana program.
Specifically, Senate Bill 1058 called for the formation of a legislative
task force to:
(1) Examine current state statutes, state administrative rules, and all
county policies and procedures relating to the medical marijuana program;
(2) Examine all issues and obstacles that qualifying patients have
encountered with the medical marijuana program;
(3) Examine all issue and obstacles that state and county law enforcement
agencies have encountered with the medical marijuana program;
(4) Compare and contrast Hawaii’s medical marijuana program with all other
state medical marijuana programs; and
(5) Address other issues and perform any other function necessary as the
task force deems appropriate, relating to the medical marijuana program.
In her veto address, Gov. Lingle alleged — implausibly — that the mere act
of examining the medical marijuana laws of Hawaii and a dozen other states
violates federal anti-drug laws.
“I am returning herewith, without my approval, Senate Bill No. 1058. ...
This bill establishes the medical cannabis task force ... to review issues
related to (Hawaii’s) medical marijuana program and make recommendations for
any proposed legislation and rules. ... The medical task force is
unnecessary because it would attempt to deal with issues raised by medical
marijuana users that can only be addressed by circumventing federal law.“
Keep in mind that just days earlier lawmakers in Rhode Island overwhelmingly
approved legislation to allow the state to license nonprofit facilities to
produce and dispense medicinal cannabis to qualified patients. (California
and New Mexico have codified similar programs.) Yet in Hawaii the Governor
would have you believe that just gathering feedback from patients and local
law enforcement regarding the state’s nearly ten-year-old medical cannabis
program somehow violates federal law. It’s an absurd position and no doubt
Gov. Lingle, who vetoed a similar task force bill last year, knows it.
Of course, the true motive behind Gov Lingle’s action is to silence any sort
of public or political debate surrounding America’s failed marijuana
policies. She's hardly alone.
This was the motivation behind President Barack Obama’s decision to ‘laugh
off’ the issue of marijuana law reform during his online town hall this past
March. Silencing free speech was also the driving force behind the actions
of members of Congress who earlier this year threatened to withhold funding
from the city of El Paso, Texas, if they so much as dared to hold an
“honest, open national debate” regarding US drug policy. And surely this was
the motivating force behind a South Dakota Judge’s decision this week to bar
longtime activist Bob Newland from engaging in any public advocacy of
marijuana law reform for one year. (Newland, who was leading the petition
drive to place a medical marijuana initiative on the 2010 state ballot, pled
guilty to one count of felony marijuana possession and will serve 45 days in
jail, in addition to being stripped of his First Amendment rights.)
In California television ads were slated to begin running this week in
support of Assembly Bill 390, the Marijuana Control, Regulation, and
Education Act — which seeks to legalize, tax, and regulate the retail sale
of cannabis to adults in California. I say “were” because many major
television outlets have refused — without comment — to air the television
spots. Keep in mind, this network blackout is taking place in a state that
has already established a regulated market for the distribution of medical
cannabis, and whose voters solidly support legalizing the personal
consumption of pot by adults.
Frustrating? Most definitely. Disillusioning? Not really.
Prohibitionists will use any means necessary to stifle honest, open debate
because they know that they have no legitimate basis to defend marijuana
prohibition. Their ardent refusal to even discuss the issue — and their
strong arm tactics to intimidate others from discussing it as well — confirm
this fact.
Nevertheless, despite their underhanded stalling tactics, the ‘national
debate’ that the prohibitionists have so long feared has already taken
place. Granted it did not take place in public forum; rather, and more
significantly, it took place in the hearts and minds of the American voter.
And we won — hands down. We know it and our opponents know it.
And so does Gov. Linda Lingle.
Paul Armentano is the Deputy Director of the National Organization for the Reform of Marijuana Laws (http://www.norml.org), and the author of the book Marijuana Is Safer: So Why Are We Driving People to Drink (http://www.marijuanaissafer.com), available from Chelsea Green.