WHEREAS, during the Regular Session of 2015, the Hawaii State Legislature is considering bills to authorize the establishment of medical marijuana dispensaries and production centers in the State of Hawaii; and

WHEREAS, specifically, House Bill No. 321, House Draft 1, contains the following language on page 29, lines 8 through 11:

“. . . Neither this section nor any other law, county ordinance, or rule shall prohibit the use of land for medical marijuana production centers or dispensaries established and licensed pursuant to part of chapter 321.”; and

WHEREAS, the exact same language is also found in Senate Bill No. 1302, Senate Draft 1, on page 25, lines 3 through 6; and

WHEREAS, this language ensures that once a medical marijuana dispensary or production center is authorized and licensed by the Department of Health, no county government could prohibit the establishment of the medical marijuana production center or dispensary through the enactment of zoning ordinances; and

WHEREAS, in addition, the foregoing language could be interpreted to mean that no state law, including statutes pertaining to the regulation of agriculture, land use, and environmental protection could be used to restrict the establishment and operation of a medical marijuana production center or dispensary once it is authorized and licensed by the Department of Health; and

WHEREAS, neither House Bill No. 321 nor Senate Bill No. 1302 were referred to a subject matter committee with jurisdiction on agriculture, water and land use, or environmental protection; and

WHEREAS, the establishment of medical marijuana production centers and dispensaries have the potential to dramatically change Hawaii’s agricultural industry; and

WHEREAS, from a public policy perspective, the Hawaii State Legislature has attempted to transition the agricultural industry from one that was dominated by sugar and pineapple, to crops that would promote food self-sufficiency in the State; and

WHEREAS, through tax credits, preferential procurement practices for “locally-grown” crops, and state-sponsored promotions, the State has worked tirelessly to diversify and sustain agriculture during the closure of sugar and pineapple plantations throughout the islands; and

WHEREAS, however, should House Bill No. 321 or Senate Bill No. 1302 be enacted with these exclusionary controls in place, marijuana will likely become the next cash crop to dominate the islands; and

WHEREAS, what other crop can be sold at retail at approximately $1,500 to $5,000 per pound? Macadamia Nuts? Coffee? Tomatoes?; and

WHEREAS, and let’s not forget that marijuana is a genetically modified crop that is constantly cross-bred to increase its potency; and

WHEREAS, since county zoning agencies, the Department of Agriculture, the State Land Use Commission, and the State Commission on Water Resource Management all might not have any say whatsoever on where the medical marijuana production centers or distribution centers would be situated, potentially, there would be no way of controlling their impacts to other farms or commercial entities that would be situated nearby; and

WHEREAS, particularly troubling would be the usage of water and its impacts to watersheds and other locations that share aquifers; and

WHEREAS, as we have seen through the water usage by sugar and pineapple plantations on the Ewa Plain, large water users on the Leeward side of Oahu may potentially disrupt the flow of water across the Koolau Mountains to the Waiahole and Waikane Valleys; and

WHEREAS, as the streams dry up, so will the o`opu and taro; and

WHEREAS, what do we tell those farmers on the windward side of Oahu when fields of marijuana grow unfettered and unchallenged on the leeward side?;

WHEREAS, the same can be said for the Island of Maui, where Maui Land and Pine is currently looking at biofuel crops to transition its operations from sugar; and

WHEREAS, why would anyone really look at a crop to burn for energy when you can grow and sell medical marijuana at $1,600 to $5,000 per pound?; and

WHEREAS, again, because these bills were not referred to any subject matter committee with expertise in agriculture, water and land use, or environmental protection, none of these impacts were considered by the Hawaii State Legislature; now, therefore;

BE IT RESOLVED by the House of Representatives of the Twenty-eighth Legislature of the State of Hawaii, Regular Session of 2015, the Senate concurring, that the Director of Agriculture convene a meeting with the Chair of the State Land Use Commission, the Chair of the State Commission on Water Resource Management, and the Departments of Planning and Permitting of the Counties of Hawaii, Kauai, and Maui, and the City and County of Honolulu, to discuss the potential ramifications of House Bill No. 321, Senate Bill No. 1302, or any other proposal to authorize the establishment of medical marijuana production centers or dispensaries; and

BE IT FURTHER RESOLVED that if the parties should determine that the enactment of House Bill No. 321, Senate Bill No. 1302, or any similar legislation might jeopardize existing policy concerning the promotion of sustainable agriculture, or potentially threaten the viability of existing agricultural businesses, the parties are urged to recommend to the Governor that such legislation should be vetoed; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Governor, the Chair of the Board of Agriculture; the Chair of the State Land Use Commission, the Chair of the State Commission on Water Resource Management, and the Mayors of the Counties of Hawaii, Kauai, and Maui, and the City and County of Honolulu.

	OFFERED BY:	_____________________________

Report Title:

Requests a discussion on the impacts of medical marijuana on Hawaii’s agricultural industry.

HOUSE OF REPRESENTATIVES	H.C.R. NO.	137
TWENTY-EIGHTH LEGISLATURE, 2015
STATE OF HAWAII