Honolulu, Hawaii



RE:    S.B. No. 2745

       S.D. 2




Honorable Colleen Hanabusa

President of the Senate

Twenty-Fifth State Legislature

Regular Session of 2010

State of Hawaii




     Your Committee on Judiciary and Government Operations, to which was referred S.B. No. 2745, S.D. 1, entitled:




begs leave to report as follows:


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


     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)  That the intentional or knowing failure to transmit any information required under the electronic prescriptions law may incur administrative fines.


     Your Committee received written comments from the Department of Public Safety.  Written comments presented to the Committee may be reviewed on the Legislature's website.


     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 Department of Public Safety 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)  Reinserting the emergency scheduling of the Schedule I controlled substance Salvia divinorum and its constituent Salvinorin A, on the recommendation of the Department of Public Safety;


     (2)  Clarifying the order to show cause process to delineate the procedures for admission to the allegation and contesting the allegation; and


     (3)  Making technical, nonsubstantive amendments.


     As affirmed by the record of votes of the members of your Committee on Judiciary and Government Operations that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2745, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 2745, S.D. 2.


Respectfully submitted on behalf of the members of the Committee on Judiciary and Government Operations,