Report Title:

Controlled Substances; Medical Marijuana; Salvia Divinorum

 

Description:

Establishes a task force to examine issues relating to medical marijuana patients and current medical marijuana laws. Establishes a task force to examine the effects of salvia divinorum. (SB1058 HD2)

 


THE SENATE

S.B. NO.

1058

TWENTY-FIFTH LEGISLATURE, 2009

S.D. 2

STATE OF HAWAII

H.D. 2

 

 

 

 

 

A BILL FOR AN ACT


 

 

RELATING TO CONTROLLED SUBSTANCES.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


Part I

SECTION 1. (a) There is established a medical cannabis task force that shall be placed within the department of public safety for administrative purposes. The purpose of the medical cannabis task force shall be to review issues relating to the medical marijuana program. The director of public safety shall be responsible for administering the work of the medical cannabis task force. The medical cannabis task force shall:

(1) Examine current state statutes, state administrative rules, and all county policies and procedures relating to the medical marijuana program;

(2) Examine all issues and obstacles that qualifying patients have encountered with the medical marijuana program;

(3) Examine all issue and obstacles that state and county law enforcement agencies have encountered with the medical marijuana program;

(4) Compare and contrast Hawaii's medical marijuana program with all other state medical marijuana programs; and

(5) Address other issues and perform any other function necessary as the task force deems appropriate, relating to the medical marijuana program.

(b) The medical cannabis task force shall consist of eleven members as follows:

(1) The director of public safety or the director's designee;

(2) The director of health or the director's designee;

(3) The director of transportation or the director's designee;

(4) The attorney general or the attorney general's designee;

(5) The president of the Hawaii State Bar Association or the president's designee;

(6) The president of the Drug Policy Forum of Hawaii or the president's designee;

(7) One patient advocate to be appointed by the governor;

(8) A prescribing physician as designated by the Hawaii Medical Board established under chapter 453, Hawaii Revised Statutes;

(9) A Hawaii-licensed physician who specializes in pain control and has issued a medical marijuana recommendation;

(10) The president of West Oahu Hope for a Cure Foundation or the president's designee; and

(11) The director of Americans for Safe Access Honolulu Chapter, or the director's designee.

(c) The members of the task force shall select a chairperson from among its members, who, in conjunction with the director of public safety, shall establish task force procedures, including the meeting schedule, voting procedures, and member duties.

The members of the task force shall serve without compensation, but shall be reimbursed for necessary expenses, including travel expenses, incurred in the performance of their official duties.

(d) The director of public safety shall submit a report of the medical cannabis task force's findings and recommendations, including any proposed legislation and rules, to the legislature no later than twenty days prior to the convening of the regular session of 2010.

(e) The medical cannabis task force shall cease to exist on June 30, 2010.

Part II

SECTION 2. The legislature finds that Salvia divinorum, otherwise known as "diviner's sage" or "magic mint," is not regulated in Hawaii. The legislature further notes that several countries, such as Australia, Belgium, Denmark, Estonia, Finland, Italy, Japan, Spain, and Sweden have passed regulatory laws on Salvia divinorum or its primary psychoactive constituent, salvinorin A. In the United States, California, Delaware, Florida, Illinois, Iowa, Kansas, Louisiana, Maine, Michigan, Mississippi, Missouri, New Jersey, North Dakota, Ohio, Oklahoma, Pennsylvania, South Carolina, Tennessee, and Virginia regulate Salvia divinorum, with approaches ranging from classification as a Schedule I controlled substance to placing restrictions on its sale. The legislature finds that possible regulation of Salvia divinorum and its primary psychoactive constituent, salvinorin A, is worthy of formal examination by the State.

SECTION 3. (a) There is established a Salvia divinorum task force within the department of public safety for administrative purposes. The purpose of the Salvia divinorum task force shall be to review the effects of Salvia divinorum and its primary psychoactive constituent, salvinorin A. The director of public safety shall be responsible for administering the work of the salvia divinorum task force. The Salvia divinorum task force shall:

(1) Research the uses and effects of Salvia divinorum and salvinorin A on adults and minors;

(2) Research all other states' legislation relating to salvia divinorum and salvinorin A;

(3) Recommend appropriate legislation resulting from its findings to address the sale and use of Salvia divinorum and salvinorin A in Hawaii; and

(4) Address other issues and perform any other function necessary as the task force deems appropriate, relating to Salvia divinorum or salvinorin A.

(b) The salvia divinorum task force shall consist of the following members:

(1) The director of public safety or the director's designee;

(2) The director of health or the director's designee;

(3) The administrative director of the judiciary or the administrative director's designee;

(4) The attorney general or the attorney general's designee;

(5) The president of the Hawaii State Bar Association or the president's designee; and

(6) The president of the Drug Policy Forum of Hawaii or the president's designee.

(c) The members of the task force shall select a chairperson from among its members, who, in conjunction with the director of public safety, shall establish task force procedures, including the meeting schedule, voting procedures, and member duties.

The members of the task force shall serve without compensation, but shall be reimbursed for necessary expenses, including travel expenses, incurred in the performance of their official duties.

(d) The director of public safety shall submit a report of the Salvia divinorum task force's findings and recommendations, including any proposed legislation or rules, to the legislature no later than twenty days prior to the convening of the regular session of 2010.

(e) The Salvia divinorum task force shall cease to exist on June 30, 2010.

PART III

SECTION 4. This Act shall take effect on January 1, 2046.