“In order to read the destiny of people, it is necessary to open the book of its past.”
“He who does not know how to look back at where he came from will never get to his destination.”
“Destiny is not a matter of chances but rather a matter of choice. It is not something to be awaited but a thing to be achieved.”
--- Dr. José Rizal
1. Clifton M. Hasegawa
President and CEO
Clifton M. Hasegawa & Associates, LLC
1044 Kilani Avenue 12
Wahiawa, Hawaii 96786-2243
Mobile: 808.498.8408
Email: clifhasegawa@gmail.com
LinkedIn: https://www.linkedin.com/in/cliftonhasegawa
September 28, 2015
THE HAWAII SUPREME COURT
Chief Justice Mark E. Recktenwald
Associate Justice Paula A. Nakayama
Associate Justice Sabrina S. McKenna
Associate Justice Richard W. Pollack
Associate Justice Michael D. Wilson
Re: Request by former Attorney General David M. Louie, Esq., dated,
September 21, 2015, on behalf of all lawyers in Hawaii lawyers, and by
other parties requesting the Hawaii Supreme Court take formal judicial
action to harmonize Act 241 that provides for the operation of marijuana
dispensary and cultivation centers and Hawaii Supreme Court
Disciplinary Board Formal Opinion 49 that states that lawyers in Hawaii
assisting clients in meeting state licensing and business requirements that
authorize that production and distribution of marijuana would be
assisting a client to commit a federal crime in violation of Rule 1.2(d).
http://www.slideshare.net/civilbeat/louie-letter-to-the-supreme-court
http://www.hawaiifreepress.com/ArticlesMain/tabid/56/ID/15980/Sen-Keith-Agarans-Law-Partner-Seeking-Marijuana-Dispensary-
License.aspx?utm_source=September+27%2C+2015+News+from+Hawaii+Free+Press&utm_campaign=September+27%2C+2015+Email&utm_m
edium=email
Dear Chief Justice Recktenwald, Justice Nakayama, Justice McKenna, Justice Pollack
and Justice Wilson:
2. THE HAWAII SUPREME COURT
Chief Justice Mark E. Recktenwald
Associate Justice Paula A. Nakayama
Associate Justice Sabrina S. McKenna
Associate Justice Richard W. Pollack
Associate Justice Michael D. Wilson
September 28, 2015
Page 2 of 4
Respectfully, as clarification to my letter to you, September 26, 2015, subject referenced
above, the Hawaii Bar Association at its upcoming October 23, 2015 meeting will address the
subject of the operation of marijuana dispensary and cultivation centers. State Representative
Della Au Belatti, Esq., Chair of the House Committee on Health was instrumental in the 2015
passage of House Bill 321, Act 241, establishing Hawaii’s medical cannabis dispensary system.
Act 241 was considered and passed with knowledge of federal implications. The Medical
Cannabis Coalition of Hawaii was actively involved in this legislation. The requested action for
the harmonization of the Act 241 by amendment of Hawaii Supreme Court Disciplinary Board
Formal Opinion 49, i.e., Rule 1.2(d), an afterthought, is both preemptory and premature.
Background
2015 HSBA Bar Convention & Annual Meeting, Friday, October 23, 2015
Medical Marijuana Dispensaries:
It's the Law
Coordinated by Representative Della Au Belatti
I. The Legal Landscape for Medical Cannabis in Hawaii
Moderator: Robert Toyofuku, Esq.
Panelists:
A National Perspective on Medical Cannabis - Graham Boyd, Esq.;
Patient Certification & Registry Updates – Dept. of Health representative TBD;
HB 321 Dispensary Law & Other Legislative Developments - Della Au Belatti, State
Representative & Chairperson, House Committee on Health; Karl Rhoads, State
Representative, House Committee on Judiciary; Gilbert S.C. Keith-Agaran, State Senator
& Chairperson, Senate Committee on Judiciary & Labor
3. THE HAWAII SUPREME COURT
Chief Justice Mark E. Recktenwald
Associate Justice Paula A. Nakayama
Associate Justice Sabrina S. McKenna
Associate Justice Richard W. Pollack
Associate Justice Michael D. Wilson
September 28, 2015
Page 3 of 4
Law Enforcement & Public Safety Concerns - Doug Chin, Attorney General, State of
Hawaii
II. Legal and Operational Considerations for Medical Cannabis Dispensaries
“This panel will provide an overview of various legal and operational considerations that will
have to be addressed by businesses engaged in Hawaii’s medical cannabis dispensary system.”
Moderator: Della Au Belatti, State Representative & Chairperson & Chairperson, House
Committee on Health
Panelists:
Banking - Iris Ikeda Catalani, Commissioner of Financial Institutions, DCCA, State of
Hawaii;
Taxes - Trever K. Asam, Esq., Cades Schutte;
Transactional Considerations & Legal Ethics – Mitzi Vaughn, Esq.;
Regulatory & Security Considerations - Robert Morgan, Esq. & Tyler Anthony, Esq.
Source: Hawaii Bar Association
http://hsba.org/HSBA/HSBA_CLE/2015_HSBA_Bar_Convention/Medical_Marijuana_Dispensaries.aspx.
Additional Background
“Fifteen years after Hawaii legalized medical marijuana, Governor
David Ige signed the state’s medical marijuana dispensary bill into law,
which will allow eight dispensaries to begin selling medical marijuana
by November 2016.
Until now, Hawaii’s 13,000 licensed patients had to grow their own pot
or buy it on the black market.”
4. THE HAWAII SUPREME COURT
Chief Justice Mark E. Recktenwald
Associate Justice Paula A. Nakayama
Associate Justice Sabrina S. McKenna
Associate Justice Richard W. Pollack
Associate Justice Michael D. Wilson
September 28, 2015
Page 4 of 4
“Gov. David Ige also signed an accompanying bill that bans
discrimination against medical marijuana patients.
The new law prohibits counties from enacting zoning regulations that
discriminate against licensed dispensaries and production centers. It
also allows for the legal transport of medical marijuana in any public
place, under certain conditions by qualified patients, primary caregivers
or owners/employees of medical marijuana production centers and
dispensaries.
“I support the establishment of dispensaries to ensure that qualified
patients can legally and safely access medical marijuana,” said
Governor Ige, as reported in MauiNow.
“The bill sets a timeline,” Ige said in a statement. “We will make a
good-faith effort to create a fair process that will help the people most in
need.”
The American Civil Liberties Union was among the groups that had
advocated for the bill’s passage. The ACLU praised Governor Ige and
the Medical Cannabis Coalition of Hawaii, Executive Director Carl
Bergquist who called the legislative progress on the matter a “diligent
effort.”
The state’s Department of Health will develop administrative rules,
including licensing application criteria and regulations, for a medical
marijuana dispensary system. Applications will be accepted beginning
early next year.””
Source: High Times
http://www.hightimes.com/read/hawaii-license-medical-marijuana-dispensaries
Respectfully submitted,
5. Clifton M. Hasegawa
President and CEO
Clifton M. Hasegawa & Associates, LLC
1044 Kilani Avenue 12
Wahiawa, Hawaii 96786-2243
Mobile: 808.498.8408
Email: clifhasegawa@gmail.com
LinkedIn: https://www.linkedin.com/in/cliftonhasegawa
September 26, 2015
THE HAWAII SUPREME COURT
Chief Justice Mark E. Recktenwald
Associate Justice Paula A. Nakayama
Associate Justice Sabrina S. McKenna
Associate Justice Richard W. Pollack
Associate Justice Michael D. Wilson
Re: Request by former Attorney General David M. Louie, Esq., dated,
September 21, 2015, on behalf of all lawyers in Hawaii lawyers,
Requesting the Hawaii Supreme Court take formal judicial action to
harmonize Act 241 that provides for the operation of marijuana
dispensary and cultivation centers and Hawaii Supreme Court
Disciplinary Board Formal Opinion 49 that states that lawyers in Hawaii
assisting clients in meeting state licensing and business requirements that
authorize that production and distribution of marijuana would be
assisting a client to commit a federal crime in violation of Rule 1.2(d).
http://www.slideshare.net/civilbeat/louie-letter-to-the-supreme-court
Dear Chief Justice Recktenwald, Justice Nakayama, Justice McKenna, Justice Pollack
and Justice Wilson:
The entitlement to relief and remedy requested by former Hawaii State Attorney
General David M. Louie, Esq., now affiliated with Kobayshi, Sujita & Goda LLP, on and
in behalf of all lawyers in Hawaii, has been addressed by this Court.
6. THE HAWAII SUPREME COURT
Chief Justice Mark E. Recktenwald
Associate Justice Paula A. Nakayama
Associate Justice Sabrina S. McKenna
Associate Justice Richard W. Pollack
Associate Justice Michael D. Wilson
September 26, 2015
Page 2 of 2
In Clifton M. Hasegawa, Petitioner v. David M. Louie, In his Official Capacity as
Attorney General of The State of Hawaii; John F. Molay, In his Official Capacity as
Deputy Attorney General, State of Hawaii, and Caron M. Inagaki, In her Official
Capacity as Deputy Attorney General, State Of Hawaii, Respondents. Supreme Court of
Hawaii, No. SCPW-12-0000797, October 5, 2012. Mark E. Recktenwald, C.J., Paula A.
Nakayama, Simeon R. Acoba, Jr., Sabrina S. McKenna and Richard W. Pollack J.J. the
Court stated therein “unless a petitioner demonstrates a clear and indisputable right to
relief and a lack of alternative means to redress adequately the alleged wrong or obtain
the requested action a remedy will not issue.” [Exhibit 1]
Respectfully, Mr. Louie has not demonstrated, clearly and indisputably, his
standing as representing all lawyers in Hawaii, his right to relief to redress and/or
remedy the passage of measures by the Legislature and enactment by the Governor of
Act 241, that there exists an ambiguity or error in the substance of Supreme Court
Disciplinary Board Formal Opinion 49, and that alternative forums to redress and/or
remedy his claimed alleged wrong, error and/or ambiguity are not available.
Respectfully, I request that The Court henceforth, forthwith and summarily
dispense with the request made by Mr. David M. Louie.
Thank you very much.
Respectfully,
Clifton M. Hasegawa
7. Electronically
Filed
Supreme Court
SCPW-12-
0000797
05-OCT-2012
12:50 PM
NO. SCPW-12-0000797
IN THE SUPREME COURT OF THE STATE OF HAWAI'I
_____________________________________________________________________
CLIFTON M. HASEGAWA, Petitioner,
vs.
DAVID M. LOUIE, in his official capacity as Attorney
General of the State of Hawai'i; JOHN F. MOLAY, in his official
capacity as Deputy Attorney General, State of Hawai'i,
and CARON M. INAGAKI, in her official capacity as Deputy Attorney
General, State of Hawai'i, Respondents.
___________________________________________________________________
ORIGINAL PROCEEDING
ORDER DENYING PETITION FOR WRIT OF MANDAMUS
___________________________________________________________________
(By: Recktenwald, C.J., Nakayama, Acoba, McKenna, and Pollack, JJ.)
Upon consideration of petitioner Clifton Hasegawa’s August 29, 2012 e-mail to the
Chief Justice, which was filed as a petition for a writ of mandamus on September
19, 2012, and the record, it appears that petitioner fails to demonstrate a clear and
indisputable right to relief and a lack of alternative means to redress adequately the
alleged wrong or obtain the requested action. Petitioner, therefore, is not entitled to
mandamus relief. See Kema v. Gaddis, 91 Hawai'i 200, 204, 982 P.2d 334, 338 (1999)
(A writ of mandamus is an extraordinary remedy that will not issue unless the petitioner
demonstrates a clear and indisputable right to relief and a lack of alternative means to
redress adequately the alleged wrong or obtain the requested action). Accordingly,
8. IT IS HEREBY ORDERED that the clerk of the appellate court shall process the
petition for a writ mandamus without payment of the filing fee.
IT IS FURTHER ORDERED that the petition is denied.
IT IS FINALLY ORDERED that petitioner is directed to comply with the applicable
court rules for filing documents in this court. This court will not file any further documents
submitted by petitioner by e-mail.
DATED: Honolulu, Hawai'i, October 5, 2012.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Simeon R. Acoba, Jr.
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack