HOUSE OF REPRESENTATIVES

H.C.R. NO.

132

THIRTY-FIRST LEGISLATURE, 2021

H.D. 1

STATE OF HAWAII

 

 

 

 

 


HOUSE CONCURRENT

RESOLUTION

 

 

REQUESTING THE DEPARTMENT OF HEALTH TO SUBMIT A REQUEST TO THE DRUG ENFORCEMENT ADMINISTRATION FOR AN EXCEPTION TO REGULATIONS AND A PETITION TO INITIATE PROCEEDINGS FOR FEDERAL RULEMAKING TO CLARIFY THAT THE STATE-AUTHORIZED USE OF MEDICAL CANNABIS DOES NOT VIOLATE THE FEDERAL CONTROLLED SUBSTANCES ACT.

 

 

 


WHEREAS, when Act 228, Session Laws of Hawaii 2000 (Act 228), was enacted, Hawaii became the first state to authorize the use of medical marijuana to treat debilitating medical conditions including cancer, glaucoma, human immunodeficiency virus, acquired immune deficiency syndrome, and other chronic or debilitating diseases; and

 

WHEREAS, at the time Act 228 was enacted there was ample evidence to show that medical marijuana helps to alleviate pain and has other benefits for severely ill patients; and

 

WHEREAS, federal law expressly prohibits the use of marijuana, despite the evidence of the benefits of using medical cannabis; and

 

WHEREAS, this lack of clarity between state and federal marijuana laws has repercussions for medical cannabis patients and the State's medical cannabis dispensaries, including loss of employment and discrimination in child custody hearings, federally subsidized housing, and applications for federal firearms permits, life insurance, and disability insurance for patients who use medical cannabis in compliance with state law; and

 

WHEREAS, Title 21 Code of Federal Regulations section 1307.03 allows the Administrator of the Drug Enforcement Administration to grant exceptions to certain federal regulations; and

 

WHEREAS, obtaining an exception from the federal Controlled Substances Act for the state-authorized use of medical cannabis would benefit the State's residents who use medical cannabis and the State's medical cannabis dispensaries; now, therefore,

 

BE IT RESOLVED by the House of Representatives of the Thirty-first Legislature of the State of Hawaii, Regular Session of 2021, the Senate concurring, that the Department of Health is requested to submit a request to the Drug Enforcement Administration for an exception to regulations and a petition to initiate proceedings for federal rulemaking to clarify that the state-authorized use of medical cannabis does not violate the federal Controlled Substances Act; and

 

BE IT FURTHER RESOLVED that when making the request for an exception to regulations, the Department of Health is urged to argue that Hawaii's medical cannabis laws do not create any positive conflict with state or federal drug laws and to request a written acknowledgement from the Drug Enforcement Administration that the listing of marijuana as a controlled substance in Schedule I of the federal Controlled Substances Act does not apply to the non-prescription use of cannabis under Hawaii's medical cannabis registry and medical cannabis dispensary programs; and

 

BE IT FURTHER RESOLVED that when making a petition for federal rule making in accordance with Title 21 Code of Federal Regulations section 1308.43, the Department of Health is urged to offer the following proposed language: "1307.    State Authorization. The listing of marijuana as a controlled substance in Schedule I does not apply to the state-authorized use of marijuana, and persons using marijuana in compliance with state law are exempt from registration."; and

 

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the members of Hawaii's Congressional Delegation, Governor, Attorney General, and Director of Health.

Report Title:

Marijuana; Medical Cannabis; Exception; Federal Controlled Substances Act