THE SENATE

S.B. NO.

669

THIRTY-FIRST LEGISLATURE, 2021

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to controlled substances.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


SECTION 1. The legislature finds that Hawaii has long been a pioneer in offering its residents the benefits of medical marijuana. By enacting Act 228, Session Laws of Hawaii 2000 (Act 228), Hawaii became the first state to authorize the use of medical marijuana to treat "debilitating medical condition[s]" including cancer, glaucoma, human immunodeficiency virus, acquired immune deficiency syndrome, as well as other chronic or debilitating diseases. In Act 228, the legislature recognized that there was substantial evidence to show that medical marijuana helps to alleviate pain and has other benefits for severely ill patients. However, the legislature also acknowledged that federal law expressly prohibits the use of marijuana.

The lack of clarity between state and federal marijuana laws has repercussions for both medical marijuana patients and the State's medical marijuana dispensaries. Patients who use medical marijuana in compliance with state law may still lose employment or job opportunities because their use violates the federal drug-free workplace act. State-authorized medical marijuana patients may also be discriminated against in child custody hearings, federally subsidized housing, and in their applications for federal firearms permits, life insurance, and disability insurance. The State's medical marijuana dispensaries risk potential federal criminal charges for drug distribution.

Accordingly, the purpose of this Act is to require the department of health to submit a request for an exception to regulations and a petition to initiate proceedings for federal rulemaking to clarify that the state-authorized use of cannabis does not violate federal controlled substances laws.

SECTION 2. No later than September 1, 2021, the department of health shall submit:

(1) A request for an exception to regulations, in accordance with title 21 C.F.R. 1307.03, arguing that part IX of chapter 329, Hawaii Revised Statutes, and chapter 329D, Hawaii Revised Statutes, are consistent with title 21 U.S.C. 903 and do not create any positive conflict with state or federal drug laws and requesting written acknowledgement that the listing of marijuana as a controlled substance in federal schedule I does not apply to the non-prescription use of cannabis under the medical cannabis registry and dispensary programs established pursuant to chapters 329 and 329D, Hawaii Revised Statutes; and

(2) A petition to initiate proceedings for federal rulemaking, in accordance with title 21 C.F.R. 1308.43, offering the following proposed addition to title 21 C.F.R. 1307:

"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."

SECTION 3. This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

DOH; Controlled Substances; Marijuana; Exception; Federal Rulemaking

 

Description:

Requires the department of health to submit a request for an exception to regulations and a petition to initiate proceedings for federal rulemaking to the drug enforcement administration to clarify that the state-authorized use of cannabis does not violate federal controlled substances laws.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.