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not our problem or focus
Correct; it remains with State to prosecute illegal grow operations.
What I can say is that we are trying to figure this out too.
A noble effort -- and I now realize how pointless it is to ponder "clarification" where State has left intentional gray areas, probably so as to stay within the Federal regulations.
It's obviously working in other states; all those dispensaries (both medical and recreational) seem to have all the signature strains, and nobody's asking where they came from.
Still, compliance with the State process requires a violation of Federal law, which is somewhat the opposite of how it's been handled thus far... joke's on us (taxpayers).
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Kalakoa,
Why are you concerned where the MJ strains might come from? What is your concern precisely?
Assume the best and ask questions.
Punaweb moderator
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What is your concern precisely?
State refused to abide by LLEP on the grounds that it was "preempted by Federal law".
Holders of the State-issued dispensary license are required to violate Federal law in order to engage in their State-sanctioned activities.
I'm just tired of the posturing. Maybe there's a strain for that?
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Show me where it says the licensee is required to violate Federal law.
If you can't find that specifically in the law I suggest stop trying to extrapolate problems by reading the tea leaves.
Assume the best and ask questions.
Punaweb moderator
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In order to "produce marijuana", the licensee must obtain "seeds, starts, or cuttings", for which no explicit provision exists; in fact, HRS 329D-6(g) only declares that the licensee may "touch or handle" (but not "possess", only the "production facility" can do that, how strange).
Unless the licensee is also a patient, acceptance of a donation from another patient would constitute "diversion" as defined in the relevant HRS.
State requires "seed-to-sale" inventory tracking, including "automatic identification and data capture" of all inventory.
Again, the problem is really that State is willing to accept -- even encourage -- legal "gray areas" -- but only if they can sell a license or permit.
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So what?
Assume the best and ask questions.
Punaweb moderator
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Good point -- but if State doesn't care, what are we paying them for, and why should we obey the very rules and laws they ignore on our behalf?
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kalakoa,
Who in the local mj world obeys the rules?
Isn't apparent, like everything else in Hawaii, that enforcement is complaint driven?
Are you the one to make the complaint?
Assume the best and ask questions.
Punaweb moderator
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Isn't apparent, like everything else in Hawaii, that enforcement is complaint driven?
Then it's no longer quite "rule of law", is it?
Are you the one to make the complaint?
Complain to whom? The Feds?
