Lawmakers to hold community meeting in Kihei

Maui residents are invited to a Legislative Talk Story with Senator Roz Baker and Representative Joe Bertram III to hear from residents and share with them the important issues that are currently before the Hawaii State Legislature. Information will be provided to update the community as to the progress of pending legislation.

When: Saturday, February 28, 2009, 9 – 11 a.m.

Where: Kihei Charter School Auditorium
300 Ohukai Road

Cannabis reform

The Public Safety Committee today held a meeting with "medical marijuana" advocates to discuss cannabis reform strategies.

The following were listed as high priorities for change in the medical marijuana program:

• The medical marijuana program should be under the jurisdiction of the Department of Health not the Department of Public Safety, while making patient list available to the PSD.
• Medical marijuana patients should be able to grow five more plants then currently allowed. (7 plants to 12 plants)
• The program must enhance patient confidentiality.
• Patients need better and safer access to medical marijuana. Distribution centers should be developed.
  
• Allow caregivers to grow a limited amount of marijuana for patients because some patients are too enfeebled to prepare their own crop.
  

A handful of bills relating to "medical marijuana" have been introduced this session and address the concerns of the advocates and lawmakers who attended the briefing:

HB 190 RELATING TO MARIJUANA POSSESSION
Reclassifies possession of less than one ounce of marijuana from a petty misdemeanor to a violation.

HB 226 RELATING TO MEDICAL MARIJUANA
Allows a qualifying patient to possess 12 marijuana plants and 7 ounces of marijuana at one time. Prohibits identification of the site where marijuana is grown on a registry card. Prohibits a certifying physician from naming a patient's particular debilitating condition. Allows a caregiver to grow marijuana for no more than 5 patients.

HB 227 RELATING TO MARIJUANA
Decriminalizes possession of less than 1 ounce of marijuana and makes the possession a civil violation subject to a fine of not more than $100.

HB 308 RELATING TO CONTROLLED SUBSTANCES
Directs the attorney general to coordinate a review of the impact of diverting marijuana and low-level felony drug offenders out of the criminal justice system into treatment.

HB 967 RELATING TO MEDICAL CANNABIS
Amends the term "medical marijuana" to "medical cannabis"; transfers the administration of the program from the department of public safety to the department of health; authorizes a registration fee of $50; establishes the medical cannabis advisory board; provides for the department of health to license producers to dispense medical cannabis.

HB 1192 RELATING TO MARIJUANA
Makes the possession of less than one ounce of marijuana a civil offense and imposes fines. Requires persons under eighteen years of age against whom a civil judgment is entered to complete a drug awareness program.

HB1193 RELATING TO MARIJUANA
Provides that the enforcement of laws related to the personal use of marijuana by adults shall be the lowest law enforcement priority for state and local law enforcement agencies.

HB1194 RELATING TO MEDICAL MARIJUANA
Requires department of health to grow, manage, operate, and dispense medical marijuana collectives to qualifying patients. Requires department of public safety to provide security for marijuana growing facilities and for transportation of marijuana. Limits each qualifying patient to 1 caregiver. Allows no more than 4 ounces of marijuana to each patient for every 30 calendar days.

Helmet, check. Reflective vest, check. Pathways, no check.

Rep. Joe Bertram of Maui would like to see Hawaii communities be redeveloped into pedestrian friendly communities that give residents the choice to get out of their cars. The issue here, Bertram says, is that for over 50 years the design concept in Hawaii has been around cars and not people. Traffic engineers have debated the infrastructure of Hawaii's transportation system with a mindset of moving cars around to get them to their destinations. Transportation and community infrastructure should be about the people, according to Bertram. He advocates that we must start doing something now. Communities need to get involved and to start attending neighborhood board meetings on sustainability.

People need choices, Bertram said. A few of those choices can be safe bicycle and pedestrian paths that link people to businesses, homes, parks and work places.

Rep. Bertram has plans to introduce bills next legislative session that will help create transit-oriented developments that are designed around walking and biking.

Press Conference @ State Capitol: Bike and Pedestrian Safety

Rep. Joe Bertram, spokesperson for "One Voice for Livable Islands", and Natalie Iwasa, aka "Bicycle Mom", will hold a press conference tomorrow July 1, 2008, Tuesday at 10:30 a.m in the Rotunda to advocate for improved bicycle and pedestrian safety on Honolulu streets and sidewalks.

Immediately following the Stop Rail event at Honolulu Hale, the "One Voice for Livable Islands" group will stop at the State Capitol to hold a press conference and to lobby for transit-oriented development that is designed around walking and biking. This community based organization includes members from AARP, the Sierra Club, American Heart Association, American Planning Association, Hawaii Bicycling League, Injury Prevention Advisory Committee, Maui Tobacco Free Coalition, the Department of Health, and the Department of Education.

Natalie Iwasa, known as the "Bicycle Mom", has been working for the past year to get the support of Oahu's neighborhood boards for bicycle safety. So far, she has the support of 29 boards.

Maui Reps speak out on veto targets

Maui News ran a story today on lawmakers urging the Governor not to veto certain bills, and rallying supporters to contact her as well.

As presented in the post below, Rep. Angus McKelvey (District 10 - Lahaina, Kaanapali, Kapalua, Maalaea, Kihei, North Kihei) is most appalled by the possible veto of his bill to develop an emergency access plan for West Maui, particularly when Honoapiilani Highway (the only ingress and egress) is shut down by natural disaster.

"McKelvey said he included the provision to exempt a contract from the procurement code because traffic management consultant, Jim Charlier, of Charlier Associates Inc. of Boulder, Colo., is willing to do the work for $50,000. Other outside consultants would charge four times that amount. If Charlier, who has worked on West Maui transportation issues in the past, doesn't pan out, McKelvey said some local transportation consultants said they would come in and take a pay cut to do the job."

Rep. Joe Bertram (District 11 - Makena, Wailea, Kihei), said he wasn't surprised that his Medical Marijuana task force bill, HB2675, was on the list.

"When Bertram introduced his marijuana-related bills this spring, Lingle announced at a Maui public event that she would do whatever is within her power to make sure those bills do not become law. Lingle also chastised the media for devoting coverage to Bertram's bills."

Rep. Joe Souki (District 8 - Wailuku, Waihee, Waiehu, Puuohala, Waikapu), as Transportation Chair, is most concerned about HB2250, a bill to establish a commission to implement regulation of inter-island airline carriers.

"Lingle argued that the bill reduces incentives for the airlines to behave efficiently and discourages healthy competition. It also runs against the federal Airline Deregulation Act of 1978, Lingle said."

However, Speaker Emeritus Souki believes that Hawaii is so dependent on interisland airlines that regulation is needed to make the airlines more accountable and to stabilize ticket prices. Besides, the law would not take effect unless there was federal legislation enacted to allow the implementation.

Two Joes and a Highway

The big news on Maui yesterday was the dedication of the final phase of the Mokulele Highway widening project, finally completed after years of funding requests and construction impacts. The total project cost $87 million and involved widening and realigning 6.5 miles of highway from Puunene Ave. in Kahului to Piilani Highway in Kihei. The old, two-lane highway was considered dangerous to travel and would flood during rain storms due to its low elevation.

The new, widened highway is four lanes and elevated with drainage structures. The Maui News story quoted Rep. Joe Souki, Speaker Emeritus and House Transportation Chair, who recalled that the initial funding was requested in the late 1990's when he was still Speaker of the House. The Honolulu Star-Bulletin story is here.

There is also a parallel bikeway and pedestrian pathway that are separated from the main road. Bikers and walkers seem pleased with this arrangement, although Rep. Joe Bertram, noted bikeway and trailway enthusiast, said he had mixed feelings about spending millions on highway widening.

“I hope this is the last four-lane road built on Maui. We don’t need any more four-lane highways,” he said.

Rep. Bertram in the news

Rep. Joe Bertram was on the Maui TV News this week talking to reporters about plans to clean up Charley Young Beach, a popular beach park in Kihei that has become "the party spot" for several groups.

"It's been about 5 years since a Brazilian group came in and set up, actually, a permanent post to do this volleyball, and it was just like every weekend and stuff like that, but it's been a real problem in the last couple of years. All of a sudden it just started increasing to like every single day," he said in an interview with reporters.

According to residents, daily raucous parties, sometimes involving drugs and alcohol, can last until the wee hours. There have been property damages to the area, including trash and human waste.

Local, county and state leaders recently took action, blocking off an area between the residential property and the ocean to clean up and clear the vegetation that separates the beach from the condos, and to restore native Hawaiian plants around the park. In the news broadcast, the fence was supposed to be removed today.

This is what Bertram added during the interview:

"This is actually a very unique park…the beach and the land belongs to the county. The state deeded it over…there's a line that goes, basically, through the middle of the beach and that's county land, so it gives the county a lot more latitude in dealing with this problem because they actually – they are the ones responsible for the beach as well."

"… block off an area, clean up all the stuff from the peeing and the pooping and the stuff that they've done, and clear it [vegetation] out so that they couldn't hide anymore because there was all kinds of drug-taking and all that kinds of stuff, and then see if that would prevent them from setting up the net for a little while and then see what we can do in the meantime."

Capitol says Mahalo Aloha

Halau Lokahi performed native chants, songs and dance for the former employees of Aloha Airlines.
Aloha Airlines employees and family members line up for kalua pig, rice, cake and ice cream.

Pilioha serenaded the guests while they ate dinner, talked with lawmakers and former colleagues.

Reps. Joe Bertram, Karen Awana and John Mizuno organized the event to show the State's appreciation for the 61 years of service Aloha Airlines has provide Hawaii's people.

Lawmakers to honor Aloha employees

Aloha Airlines and its employees will be honored tomorrow during a special reception in the Capitol Rotunda at 4 p.m. Lawmakers will recognize the airline's 61 years of service to the islands.

"I think the people of Hawaii want a chance to show their appreciation and fondest farewell to the workers of Aloha Airlines," added Rep. Joe Bertram. "I don't think a letter to the newspaper editor can truly express our gratitude to Aloha Airlines for the 61 years of service they provided the people of Hawaii."

Aloha was the tenth largest employer statewide and in the wake of one of the worst mass layoffs in Hawaii, over 1,900 employees lost their jobs.

State Representatives Karen Awana, Joe Bertram and John Mizuno joined together to bring employees and family members together to show Hawaii's deepest appreciation and fondest aloha for their dedication to excellent service. Guests will be provided with ono refreshments and enjoyable entertainment.

"I think the Capitol provides us with a venue for the people of Hawaii to truly express their 'mahalo and aloha' to a part of our 'ohana, to a part of history, and to a beloved company," said Rep. John Mizuno.

Results of medical marijuana bill hearing

The Committee on Health discuss important issues revealed by testifiers for and against the medical marijuana bills. From L-R: Rep. Josh Green, chair; Rep. Jon Mizuno, vice chair, Rep. Gene Ward, Rep. Joe Bertram III.

The House Committee on Health has deferred two medical marijuana bills until next week Wednesday, when members will discuss and vote on them. No testimonies will be heard on that date.

Rep. Josh Green D-6 (N. Kona), committee chair, recommended that the introducers and authors, including Rep. Joe Bertram D-11 (Maui), revise the bills to focus on the issue that Hawaii patients are unable to access legal medical marijuana while visiting another county, rather than focusing on complicated measures that may interfere with federal law.

One of the measures, HB 2675, would make medical marijuana certificates from other states valid in Hawaii. The other, HB 2678, would authorize the establishment of a secure medical marijuana growing facility in Maui.

The main arguments from supporters of the bills were that patients want to abide by the laws and not buy illegal marijuana, but found it difficult without sufficient access. They noted that the medical marijuana card holders can't be prosecuted for having illegal marijuana in Hawaii.

The Star-Bulletin interviewed Keith Kamita, chief of the state Narcotics Enforcement Division, who opposes the bills, in an article in today's paper:

Keith Kamita, chief of the state Narcotics Enforcement Division, which administers the medical marijuana law, said a growing facility would violate federal law.

Also, because the bill mandates the DOH to control the facility, he said in an interview, "Now it's a state agency sanctioning marijuana. Say there's a bad batch and people die or get sick, the state would be liable for distributing a contaminated product."

Marijuana is still a Schedule 1 controlled substance, with no medical use allowed under federal law, and growers would have to obtain a research permit from the federal and state governments, he said.

Although medical marijuana is legal in Hawaii, federal law makes it illegal to transport any kind of marijuana from one island to another.



To stress his point against HB 2675 that medical marijuana laws vary by state, Keith Kamita, chief of Narcotic Enforcement Division showed committee members what the difference between state legal limits of medical marijuana possession looks like with real bags of pot. Left: 24 oz, the legal limit in Oregon; Right: 3 oz, the legal limit in Hawaii.


Mentioned the Star-Bulletin article was an Allan Dougherty, 84, who has a criminal record for trying to bring his medical marijuana to Oahu from the Big Island. Here's an excerpt:

Dougherty, 84, said he comes to Honolulu at times for treatment at Tripler Army Medical Center and brought some marijuana with him on a recent trip because of pain in an injured foot.

It was seized at the airport, and six months later Hawaii County prosecutors charged him with transporting a detrimental drug, he said. He received a six-month suspended sentence and is on probation, he said.

He said the law restricts use of marijuana to a person's own house. "You can't take it or get it any place. I certainly hope that will be corrected so we can get our medical marijuana without all this hassle."

He said county prosecutors and the police "ignore marijuana as a medicine. They consider it to be a detrimental drug. That is a bad misnomer."

The discussion on medical marijuana lasted over an hour and a lot of good points were made. It seems highly unlikely that the two bills above will be passed in its current form; however, on Wednesday we will see if new language changes will push the issue forward for more discussion.

Smart Growth

Chair of the Smart Growth Interim Task Force, Rep. Sharon Har, put together an impressive discussion group last week, including the 4 county planning directors - Kathy Sokugawa representing Henry Eng from Honolulu, Ian Costa from Kauai, Jeff Hunt from Maui and Chris Yuen from the Big Island. The goal of the task force is to develop legislation that supports smart growth principles, such as improve land use, create more open space, compact urban areas, develop more affordable housing, and decrease infrastructure cost.



Rep. Joe Bertram is not on the task force, but participated in the meeting. His viewpoint in support of the Wailea 670 project, also known as Honua'ula appeared in the Maui News on 7/22. The project has come under attack from groups such as Maui Tomorrow and Save Makena. Maui has the highest median price for a single family home of any county in the state. He warns that while many people oppose development, they may not be aware of the consequences. Bertram writes, "Stopping development actually pushes home prices even higher and widens the gap between haves and have-nots. Instead of simply opposing development, it would be more constructive to ask ourselves: 'What kind of development does Maui need?'"

Legendary Eddie Pu honored by Legislature

Rep. Joe Bertram (District 11 - Makena, Wailea, Kihei) presented fellow Maui resident Eddie Pu with a certificate of recognition for a lifetime of contributions as a park ranger, life guard and spiritual and cultural leader.

Pu, who is in his 70s, is perhaps most famous for his yearly 200-mile trek around the island of Maui on foot. He has been doing the every year for the last 30 years.

Click here to view a copy of the resolution honoring Eddie Pu.