Honolulu, Hawaii



RE:    S.B. No. 2745

       S.D. 1




Honorable Colleen Hanabusa

President of the Senate

Twenty-Fifth State Legislature

Regular Session of 2010

State of Hawaii




     Your Committee on Public Safety and Military Affairs, to which was referred S.B. No. 2745 entitled:




begs leave to report as follows:


     The purpose of this measure is to update the Uniform Controlled Substances Act.


     Your Committee received testimony in support of this measure from the two government entities.  Comments were received from one private entity.  Testimony in opposition was received from one private entity.  Written testimony presented to the Committee may be reviewed on the Legislature's website.


     This measure makes statutory amendments to conform to the federal Controlled Substances Act, which is required annually by Hawaii law.  Among other things, this measure also clarifies:


     (1)  The order to show cause law to require that notice be provided when revoking or suspending a registrant's controlled substance registration certificate; and


     (2)  The penalty relating to failure to transmit controlled substance prescriptions data to the Department of Public Safety (DPS) by deleting the requirement to purge the patient identification number data on all controlled substance prescriptions after three years, because maintaining the data beyond three years is necessary due to administrative, civil, or regulatory investigations that last longer than three years.


     To ensure consistency in the regulation and enforcement of controlled substances, the Federal Controlled Substances Act serves as the basis for classification of all controlled substances on a national level.  Section 329-11(a), Hawaii Revised Statutes, requires the (DPS) to make appropriate revisions to update chapter 329, Hawaii Revised Statutes, relating to the Uniform Controlled Substances Act, to conform to changes in federal law.


     Your Committee has amended this measure by:


     (1)  Removing "salvinorin A", "salvia divinorum", and "divinorin A" from the list of hallucinogenic substances because these substances have not been placed on the schedule by the federal government;


     (2)  Reinstating "intentional and reckless" in reference to the failure to transmit information to the Narcotics Enforcement Division, at the request of pharmacist who expressed concern that an inadvertent and unintentional omission could render them liable;


     (3)  Reinstating the purging provision and extending the time to keep patients' identification number of the patient in the central repository system for up to five years instead of three, to facilitate administrative, civil, and regulatory investigations that last longer than three years; and


     (4)  Making technical, nonsubstantive amendments.


     As affirmed by the record of votes of the members of your Committee on Public Safety and Military Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2745, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2745, S.D. 1, and be referred to the Committee on Judiciary and Government Operations.


Respectfully submitted on behalf of the members of the Committee on Public Safety and Military Affairs,