The Lingle administration has chosen not to convene a medical marijuana task force that was opposed by Gov. Linda Lingle, a decision two state lawmakers believe ignores the intent of the state Legislature.

The administration at first cited fiscal limitations and then priorities at the state Department of Public Safety as reasons for not going forward this year with a task force established by state law.

State Sen. Will Espero, D-20th ('Ewa Beach, Waipahu), and state Rep. Joe Bertram III, D-11th (Makena, Wailea, Kihei), believe the administration has disregarded a law the governor was against.

Hawai'i is one of 13 states that allow medical marijuana, but patients and their primary caregivers have to grow their own supply or otherwise purchase the drug in the criminal market. Lawmakers believe a medical marijuana task force is necessary to study the obstacles patients encounter when trying to obtain the drug to ease cancer, glaucoma, HIV/AIDS, chronic pain, severe nausea and seizures.

Lingle vetoed the bill that created the medical marijuana task force and a second task force to study whether the state should regulate salvia divinorum, a psychedelic herb. The governor said the state should not recommend ways to increase marijuana use or production until federal law, which prohibits marijuana, is changed. She said salvia divinorum could be added to the state's list of controlled substances without having a task force.

The governor also said the task forces would redirect manpower and resources from the Department of Public Safety. The department would be required to submit reports on medical marijuana and salvia divinorum to the Legislature before the next session in January.

VETO OVERTURNED

But the state House and Senate overrode Lingle's veto, so the bill became law.

Lingle has previously opposed the expansion of the state's medical marijuana program, citing the conflict between state and federal laws.

Under the Bush administration, the U.S. Department of Justice policy was to actively prosecute marijuana distributors even in states that had legalized marijuana for medical use. In March, new U.S. Attorney General Eric Holder announced that the federal government would not target medical marijuana patients or distributors who were following state laws.

"It's just unfortunate, at this stage, that the governor has decided to ignore the law," Espero said, adding that the governor is making a policy decision, not a budget decision.

"In this case, that's what it appears like, because there was no appropriation attached to the bill," he said. "And in the Legislature's opinion, it's not going to take a whole lot of money to convene this task force and get the stakeholders engaged."

SPENDING DISCRETION

Lingle has clear discretion under state law to restrict spending approved by the Legislature in order to manage the state's budget. The governor, for example, said this summer that she would not release money for Keiki Care, a basic children's health care program, even though lawmakers overrode her veto of the bill. The governor explained that the state did not have the money for the program because of the budget deficit.

In August, Linda Smith, Lingle's senior policy adviser, informed a West O'ahu AIDS activist interested in serving on the medical marijuana task force that the task force would not be formed because of "current fiscal limitations." This month, Smith said in an e-mail to Espero that the task force would not be convened but did not cite a reason.

Russell Pang, a Lingle spokesman, said Friday that the administration was prioritizing its limited resources. The Department of Public Safety is in the process of closing Kulani Correctional Facility on the Big Island, reintegrating women inmates brought home from the Mainland, and identifying potential layoffs and spending restrictions because of the deficit.

"We are making a priority decision," Pang said of the medical marijuana task force.

The Legislative Reference Bureau has completed a report, also required by the new law, on how other states that have legalized medical marijuana have handled access, distribution and security issues.

POLICIES IN 3 STATES

The bureau found that only three states — California, New Mexico and Rhode Island — have policies and procedures to address these issues. California allows cooperatives and collectives, regulated by local government, to cultivate medical marijuana. New Mexico licenses private nonprofit medical marijuana distributors, but only one nonprofit has been licensed so far. Rhode Island agreed this summer to license private nonprofit distributors at so-called "compassion centers."

Espero and Bertram said they plan to form a working group that would carry out the intent of the medical marijuana task force.

"These people have been waiting since 2000 to get their medicine. And they've faced so much," Bertram, who uses marijuana for medical purposes, said of many patients. "It's absurd to say 'just go to the back of the line.' "