Hawaii Lawmakers Advance Bill To Support Psychedelic Research And Access Programs, But Funding Questions Remain

A Hawaii Senate committee last week advanced a proposal that would create a special fund to support clinical research into psychedelic-assisted treatment using substances such as psilocybin and MDMA, both of which have been granted “breakthrough therapy” status by the U.S. Food and Drug Administration (FDA).

The bill, SB 1042, from Sen. Chris Lee (D), would establish a state “mental health emerging therapies special fund,” which could be used to subsidize clinical trials, establish public-private research partnerships and eventually develop state programs around patient access for “compassionate use.”

As defined in the text of the measure, “emerging therapies” refers to psychedelic or entactogenic substances that are either approved by the FDA or under Hawaii state law as well as compounds undergoing FDA-approved clinical trials.

“Compassionate use,” meanwhile, would mean “treating patients suffering from terminal or life-threatening conditions,” including treatment-resistant mental health conditions.

Though the bill’s text doesn’t list specific conditions, a report from the Senate Health and Human Services Committee mentions depression, anxiety, schizophrenia, bipolar disorder and PTSD as “widespread and affecting millions worldwide and many in the State’s community.”

If passed, the bill would require the Department of Health to submit annual progress reports to the legislature.

Money for the new fund would come either from appropriations by the legislature or from gifts, donations or grants from public agencies or private entities. The bill it its current form earmarks no money for the account.

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That could be a problem for the measure’s proponents, the committee chair cautioned.

“This is not gonna pass conference unless you folks come up with a self-sustaining fund,” said Sen. Joy San Buenaventura (D). “Donations alone is not gonna be able to cut the attorney general’s concerns.”

Comments submitted by the office of Attorney General Anne Lopez (D) note that the proposal in its current form “does not describe the scope of the program, including financial information on fees to be charged, sources of projected revenue, and costs; contain an explanation as to why the special fund could not be successfully implemented under the general fund appropriation process; reflect a clear nexus between between the benefits sought and charges made upon the program users or beneficiaries or a clear link between the program and the sources of revenue; provide an appropriate means of financing for the program or activity that is used only when essential to the successful operation of the program or activity; or demonstrate how the initiative will be financially self-sustaining.”

The office asked lawmakers to recommend amendments to the bill if they intend to pass it.

San Buenaventura echoed that admonishment. “This bill is not gonna pass when there are blanks in the bill,” she said.

Prior to the vote that advanced SB 1042—which now proceeds to the Senate Ways and Means Committee—members adopted an amendment adding a defective date of December 31, 2050, which is a procedural method of ensuring that the legislation receives additional discussion before being enacted.

The proposal has support from a variety of veterans and mental health groups, as well as numerous individual commenters.

Joint testimony from the groups Reason for Hope and the Veteran Mental Health Leadership Coalition, for example, says the legislation “represents a bold and necessary step toward addressing the urgent mental health needs of our Veterans.”

“By establishing this fund, advisory council, and ensuring timely state regulatory alignment, Hawaii can become a national leader in providing access to innovative, life-saving treatments for those who have selflessly served our country,” the organizations said, noting that traditional treatments for conditions such as PSTD and severe forms of depression have not been sufficient for many veterans and first responders.

Separately in Hawaii last week, a pair of Senate panels approved a broad bill that would legalize adult-use marijuana and bring together hemp and cannabis regulation under a single state agency.

If enacted, the legislation would establish the Hawaii Cannabis and Hemp Office, which would oversee adult-use cannabis, medical marijuana and hemp businesses. Adults 21 and older would be able to possess up to an ounce of marijuana and five grams of cannabis concentrate, and they could also grow limited amounts of marijuana at home for personal use.

The joint Senate committee hearing came on the heels of a vote last week by Hawaii’s House of Representatives to delay a companion version of the legalization proposal, effectively halting that bill’s progress until next legislative session. Even if the Senate advances to the House, it will face a tough road to passage in that chamber.

Earlier in the week, a Senate panel approved a proposal to quintuple the amount of marijuana that a person can possess without risk of criminal charges.

The bill, SB 319, would increase the amount of cannabis that’s been decriminalized in Hawaii from the current 3 grams up to 15 grams. Possession of any amount of marijuana up to the 15-gram limit would remain a civil violation, punishable by a fine of $130.

Meanwhile, the House Committee on Labor unanimously voted last month to advance legislation that would protect state-registered medical marijuana patients from discrimination in the workplace.

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Photo courtesy of Wikimedia/Workman.