STAND. COM. REP. NO.  1194


Honolulu, Hawaii

                , 2009


RE:   S.B. No. 1058

      S.D. 2

      H.D. 1





Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii




     Your Committees on Judiciary and Public Safety, to which was referred S.B. No. 1058, S.D. 2, entitled:




beg leave to report as follows:


     The purpose of this bill is to reduce the costs of incarcerating offenders and prison overcrowding by requiring the Attorney General to coordinate a review of the impact that diverting minor drug possession offenders into drug treatment would have on the criminal justice system, drug treatment program resources, and public safety.


     The Office of Hawaiian Affairs, American Civil Liberties Union of Hawaii, Community Alliance on Prisons, and several concerned individuals supported this bill.  The Drug Policy Forum of Hawaii, Hawaii Advocates for Consumer Rights, Drug Policy Action Group, Honolulu Chapter of Americans for Safe Access, and the Big Island Chapter of Americans for Safe Access supported this bill with amendments.  The Department of the Attorney General, Department of the Prosecuting Attorney of the City and County of Honolulu, and the Honolulu Police Department opposed this measure.  The Representative of the 11th House District, West Oahu Hope for a Cure Foundation, and several concerned individuals submitted comments.


     Your Committee has amended this measure by:


     (1)  Establishing a temporary Medical Marijuana Task Force within the Department of Public Safety (DPS) to review issues relating to the medical marijuana program;


     (2)  Establishing a temporary Salvia Divinorum Task Force within DPS to review the effects of salvia divinorum and its primary psychoactive constituent, salvinorin A;


     (3)  Changing its effective date to January 1, 2046, to encourage further discussion; and


     (4)  Making technical, nonsubstantive amendments for style, clarity, and consistency.


     As affirmed by the records of votes of the members of your Committees on Judiciary and Public Safety that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 1058, S.D. 2, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 1058, S.D. 2, H.D. 1, and be referred to the Committee on Finance.


Respectfully submitted on behalf of the members of the Committees on Judiciary and Public Safety,