H.C.R. NO.



H.D. 2






requesting THE LEGISLATIVE REFERENCE BUREAU TO CONDUCT A STUDY ON HOW MEDICAL MARIJUANA PLANTS AND PRODUCTS MAY BE procureD and distributeD to patients registered with the medical marijuana program.



WHEREAS, in 2000, Hawaii enacted a law that allows a physician to examine a patient's records and then if warranted certify that the patent has a debilitating medical condition that warrants the medical use of marijuana; and

WHEREAS, current law allows certified patients to possess three mature marijuana plants, four immature plants, and as much as three ounces of marijuana for personal use; and

WHEREAS, Hawaii has a Narcotics Enforcement Chief and Registrar for the Medical Marijuana Certification Program in the Department of Public Safety; and

WHEREAS, there are over 1,000 patients in Hawaii who are registered to grow and use marijuana for medicinal purposes, even though the purchase and sale of marijuana remains illegal in Hawaii; and

WHEREAS, the U.S. Supreme Court's decision of October 14, 2003, cleared the way for physicians to recommend the use of marijuana to patients in Hawaii; and

WHEREAS, the 9th U.S. Circuit Court of Appeals ruled in December 2003, that prosecuting medical marijuana users under a 1970 federal law is unconstitutional if the marijuana is not sold, transported across state lines, or used for nonmedicinal purposes; now, therefore,


BE IT RESOLVED by the House of Representatives of the Twenty-second Legislature of the State of Hawaii, Regular Session of 2004, the Senate concurring, that the Legislature recognizes the difficulty that patients have in acquiring marijuana for medicinal purposes, and requests the Legislative Reference Bureau, with the assistance of the Department of Public Safety, to conduct a study based on information available from other states; and

BE IT FURTHER RESOLVED that the Legislative Reference Bureau, in this study, is requested to identify the following:

(1) Methods by which registered users may access, cultivate, distribute, or purchase marijuana plants or products for medicinal purposes;

(2) Processes or procedures by which state and local agencies have made distinctions between medical (legal) marijuana and recreational (illegal) marijuana; and

(3) Experience of states in obtaining access to marijuana supplied by the federal government for therapeutic research; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Governor, the Director of Public Safety, and the Legislative Reference Bureau.

Report Title:

Medical Marijuana