STAND. COM. REP. NO. 413
RE: S.B. No. 1131
Honorable Donna Mercado Kim
President of the Senate
Twenty-Eighth State Legislature
Regular Session of 2015
State of Hawaii
Your Committee on Public Safety, Intergovernmental and Military Affairs, to which was referred S.B. No. 1131 entitled:
"A BILL FOR AN ACT RELATING TO THE UNIFORM CONTROLLED SUBSTANCES ACT,"
begs leave to report as follows:
The purpose and intent of this measure is to:
(1) Update the Uniform Controlled Substances Act, chapter 329, Hawaii Revised Statutes, for consistency with amendments in federal law on controlled substances; and
(2) Amend section 329-20, Hawaii Revised Statutes, to add new controlled substances that have been federally scheduled, as required under section 329-11, Hawaii Revised Statutes.
Your Committee received testimony in support of this measure from the Department of Public Safety and Honolulu Police Department.
Your Committee finds that this measure amends Hawaii's Uniform Controlled Substances Act, codified as chapter 329, Hawaii Revised Statutes, to be consistent with changes in federal law and any emergency scheduling actions taken by the Narcotics Enforcement Division Administrator, as required by section 329-11, Hawaii Revised Statutes.
Your Committee further finds that there is a growing problem in the State of new synthetic hallucinogenic substances being offered for sale to the public as herbal incense, bath salts, plant food, or legal highs. Numerous adverse effects have been reported from these new synthetic cathinones and synthetic cannabinoids, including seizures, coma, agitation, convulsions, and in some cases, death.
Your Committee additionally finds that the Narcotics Enforcement Division Administrator has emergency scheduled some of these substances into Schedule I of the Uniform Controlled Substances Act to avoid an imminent hazard to public safety. However, this control is temporary. Your Committee notes that the continued uncontrolled manufacture, distribution, importation, exportation, and abuse of certain identified synthetic cathinones and cannabinoids pose an imminent hazard to the public's safety. Amendments to this measure are therefore necessary to permanently add these synthetic cathinones and cannabinoids to Schedule I of the Uniform Controlled Substances Act.
Accordingly, your Committee has amended this measure by:
(1) Adding a new synthetic cathinone and eight new synthetic cannabinoids to section 329-14, Hawaii Revised Statutes; and
(2) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.
As affirmed by the record of votes of the members of your Committee on Public Safety, Intergovernmental and Military Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1131, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1131, S.D. 1, and be referred to the Committee on Judiciary and Labor.
Respectfully submitted on behalf of the members of the Committee on Public Safety, Intergovernmental and Military Affairs,
WILL ESPERO, Chair