Hawai’i Governor Intends Vetoing Medical Cannabis Expansion Bill

A bill that would expand access to medical cannabis for any medical condition in Hawai’i is unlikely to get Governor Josh Green’s signature due to his concerns over provisions impacting privacy.

Last week, the Governor released his intent-to-veto list and on it was HB302, relating to medical cannabis. Among the major changes it would introduce is allowing patients to register for Hawai’i’s program for any condition, assuming signoff from the patient’s doctor.

Eligibility criteria for Hawaii’s medical cannabis program currently requires patients to be diagnosed with at least one of a limited number of conditions. Last year, the Governor recommended expanding the state’s system to allow people to register based on any health issue.

HB302 would also authorise the establishment of a provider-patient relationship via telehealth, making medical cannabis more accessible. It would also limit the maximum fees that can be charged by telehealth providers.

While HB302 offers positive change, there are provisions that have alarmed Governor Green.

HB302 would allow the state’s Department of Health to inspect qualifying patient medical records held by a physician, advanced practice registered nurse, or hospice provider who has provided a written certification to a qualifying patient.

While the Governor says his administration supports efforts to expand access to medical cannabis for any condition, the provisions authorizing the inspection of patients’ medical records without a warrant constitute ‘a grave violation of privacy’.

“Given that the federal government classifies cannabis as a Schedule I substance, patients’ reasonable fears of repercussions based upon information gained from inspection of their personal medical records may deter patients from participating in the medical cannabis program,” states the governor’s office.

Governor Green is a medical doctor who spent decades caring for Big Island’s families and has been an advocate for medical cannabis. Late last year, he signed an executive order directing the state’s Department of Health to not pursue caregivers cultivating cannabis for a patient after an oversight in changes to Hawaii’s medical cannabis laws that came into effect on January 1 would have seen caregivers no longer allowed to grow cannabis for a patient in most cases.

As at the end of April this year, there were 29,743 valid Hawaii in-state patients and 2,484 caregivers caring for registered patients.