Worker Protections in Act 116

Hawaii now has additional civil protections in place as of July 5th, 2018. Specifically, employees who are not in safety-sensitive jobs may not be legally fired just for having a positive THC drug test. This is a huge improvement! From a drug-abuse reduction perspective alone this makes sense, as employees who would ordinarily use cannabis rather than opioids for their conditions could not if they wanted to keep their jobs. This forced many people to become addicted to opioids. Now that cannabis is recognized in employment settings the number of opioid addictions should decrease, overall, during the next several years. Of course, the pharmaceutical companies won't make as much money. Also, the black-market heroin and pill-pushers will also not make as much money. Congratulations, we are slowly winning the war agains oppression!

DUI and Weed: Is it, really, a DUI?

Answer: It depends.

A quick summary is that there is no definitive measure of impairment, and if a person hires a good attorney in a cannabis-only DUI case then the defendant will likely win. The following is a detailed description of the logic: 

Mostly, impairment depends on how sensitive the driver is to cannabis. Some people can drive very well while super-stoned, and some people should not drive if they have just one toke. The overall number of people in and given legal cannabis state (let's say, Colorado) that show up with THC in their system when tested (during auto accidents and police stops) have indeed increased. However, presence of THC does not imply causality. Police don't say if other drugs (like alcohol) were present as well as cannabis in the statistics that they cite. In this case of when law enforcement does not identify this as a confounding variable, the conclusion must be negated by anyone who knows scientific method and proper analysis of data. In fact, studies have shown that fatalities and number of actual accidents have actually declined in states with legal cannabis laws (see this citationhttps://coloradopolitics.com/marijuana-legalization-has-not-increased-traffic-fatalities/ ). This finding is despite that the overall NUMBER of drivers with THC in their system has increased. Law enforcement does not make the distinction between these two very important sets of data....and if law enforcement wants to protect society then they would accept the science on the topic. To further this topic, the National District Attorney's Association (the body of lawyers that are assigned to prosecute cases on behalf of local government entities) even states that there is no scientific science that says cannabis per-se causes impairment. Here is the quote, and the citation: While marijuana use has been shown to impair cognitive or executive function, driving performance, and increase crash risk, scientific studies have not yet demonstrated support for marijuana “per se” levels similar to alcohol in impaired driving legislation. As described, marijuana contains tetrahydrocannabinol (THC), more specifically Delta 9 THC, which is the psychoactive component of marijuana that causes impairment. Delta 9 THC can only be detected in blood. 73-90 percent of this is eliminated in as little as 45 minutes to approximately an hour and a half.50 On the other hand, marijuana metabolites, the byproducts in the blood as a result of the body metabolizing the marijuana, remain in the blood for a much longer period of time. Detection of the metabolites may be the result of marijuana consumption several days or weeks prior to the sample collection and may not scientifically equate to impairment. Some of the issues surrounding the challenges to studies that would scientifically support a marijuana “per se” level include:
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 Varying concentrations of THC in marijuana. Generally, the concentrations used in studies are much lower than what is available in real-life settings. Additionally, concentrations vary depending on the form of marijuana ingested.
 Differences between users of marijuana. A chronic, frequent user may develop tolerance to some effects of marijuana but not all effects, including the impairing effect. The effect of THC consumption on impairment of driving performance may be higher for occasional, recreational users than for frequent users.
 Differences in ingestion of marijuana. Smoked marijuana leads to a different absorption rate and release rate of the psychoactive ingredient than does eating marijuana edibles.
 Combined use of marijuana and alcohol or marijuana and other drugs. Various studies have demonstrated that the combined use is associated with significantly greater cognitive impairment and crash risk than the use of one alone.51

CITATION: http://www.ndaa.org/pdf/NDAA%20White%20Paper%20on%20Marijuana.pdf 

All states differ, however. Here is a site that has a list of the state laws: https://www.leafly.com/news/cannabis-101/cannabis-dui-laws-by-state

Essentially, there is no clear definition of impairment, and field sobriety tests are the only way that officers can truly determine level of alleged impairment. This assessment may or may not hold up in court, and is specific to each individual case. 

I hope this helps you to understand this topic a little bit more. 

 

 

Cannabis and Gun Ownership

Recent news articles have published the Honolulu Police Chief decision to ask a few selected cannabis patients to voluntarily surrender their guns. This request has since been rescinded. However, this does point up an important item. 

First, the Site of Hawaii has created a system to allow cannabis to be used, produced commercially and sold to legitimate patients as certified by the State of Hawaii Dept. of Health, despite the Federal laws that prohibit such activity. There is no reason that a similar system can't be developed to protect gun ownership rights. There are a number of legal reasons that the various police departments should not discriminate against cannabis patients when it comes to gun ownership. These legal challenges will likely be addressed during the next legislative session. 

I strongly encourage all patients to become active in the political process, so that your rights can be protected. This includes registering and voting in the elections, writing letters to your representatives and members of congress, and following legislation as it moves through the State legislature in support or opposition of those bills that are under consideration. 

Up to now there has been no major challenge to the police departments' policies of prohibiting new gun registration for cannabis patients, and no request to relinquish existing guns. This new development will probably change that in the coming legislative session or two. 

 

Cannabis Entourage Effect

Cannabis has many compounds besides THC. The most commonly known ones are CBD and CBN, but there are dozens of Cannabinoids, and also Terpenes and Flavonoids. Research is demonstrating that the balance of these different compounds in cannabis products has a profound effect on the therapeutic outcomes that patients experience. This is known as the Entourage Effect, in that the sum of the compounds is greater than any one of them alone. 

The most interesting of the Entourage Effects that I have come across is the science supporting the finding that CBD tends to reduce the paranoia that some people experience from high THC strains. As a psychotherapist, I find this to be very interesting, as in my vast experience with thousands of cannabis patients as well as recreational users, about 7% of the overall population experiences some level of anxiety or paranoia when using cannabis. 

Here is a good article from the United Kingdom that describes, in scientific terms, the Entourage Effect: 

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3165946/

Science is just beginning to investigate the uses that individual cannabinoids have on humans, let alone what these many compounds do when used in various combinations.

I look forward to learning more on this topic, and I hope you do, too.

How to get through TSA with Medical Cannabis

airport-security-tsa.jpg

Am I able to travel with my medical marijuana?

Patients, or designated caregivers, may take no more than 4 ounces of cannabis with them through TSA airport security as long as they stay within the State of Hawaii. This right was established in the opinion reached by the Hawaii Supreme Court in State of Hawaii vs. Geoffrey Woodhall and can be found here: http://www.courts.state.hi.us/docs/opin_ord/sct/2013/May/SCWC-11-0000097.pdf

However, a law passed by the 2015 legislature says that patients ARE NOT allowed to transport their cannabis between the Hawaiian islands. This conflict between Judicial law and Legislative law stands as of this date.

Travel Smart

First of all, the TSA isn't looking for marijuana; they are looking for weapons and other divices of mass destruction. The dogs that you see at the airports are rarely drug dogs. If they were, then there would be too many people to search, and the legal system would be clogged with petty pot cases.

If the TSA finds your cannabis, they must notify local law enforcement immediately. Once the local police or sheriff arrive, they will need to confirm that your 329 certificate is valid, just like when the police pull over a driver and then run the driver's license through the database. Once your 329 card is validated, you will be let go as long as you do not have more than 4 ounces in your possession. The law enforcement officer could choose to let you go without verifying your certificate. If the officer decides to arrest you, then you may very well have standing for a lawsuit based on the State of Hawaii vs. Geoffrey Woodhall case.

Do's & Don't's

  • DO only take up to 4 ounces at a time
  • DO take it in your carry-on bag
  • DON'T try to hide it
  • DON'T declare it

The medical marijuana 329 certificate allows a patient on any Hawaiian island that is designated as their grow location to grow their own cannabis, legally. The patient is responsible to stay within the law, which limits a patient to just 7 plants and 4 ounces of usable cannabis at any time throughout the valid certificate year.

We hope this article helps you navigate through security with confidence and ease as you carry your medicine with you between the islands. Aloha!