Bill Text: HI SCR44 | 2020 | Regular Session | Introduced

Hawaii Senate Concurrent Resolution 44 (Prior Session Legislation)

Introduced

Bill Title: Urging The Department Of Health To Request Acknowledgment From The Drug Enforcement Administration That Hawaii's Medical Cannabis Program Is Exempt From Federal Controlled Substance Restrictions.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Introduced - Dead) 2020-02-27 - Referred to CPH/JDC. [SCR44 Detail]

Download: Hawaii-2020-SCR44-Introduced.html

THE SENATE	S.C.R. NO.	44
THIRTIETH LEGISLATURE, 2020
STATE OF HAWAII

SENATE CONCURRENT

RESOLUTION

urging the department of health to request acknowledgment from the drug enforcement administration that hawaii's medical cannabis program is exempt from federal controlled substance restrictions.

WHEREAS, the authority to decide the medical use of substances scheduled according to the Controlled Substances Act (CSA) is reserved to the states; and

WHEREAS, the United States Supreme Court confirmed this authority when it found in Gonzales v. Oregon, 546 U.S. 243 (2006), that "[t]he Attorney General has rulemaking power to fulfill his duties under the CSA. The specific respects in which he is authorized to make rules, however, instruct us that he is not authorized to make a rule declaring illegitimate a medical standard for care and treatment of patients that is specifically authorized under state law."; and

WHEREAS, Hawaii lawfully exercised this authority when it enacted Act 228, Session Laws of Hawaii 2000, and created a state-regulated medical use of cannabis program; and

WHEREAS, the United States Department of Justice and the Drug Enforcement Administration (DEA) have never challenged the constitutionality of Hawaii's Medical Use of Cannabis program; and

WHEREAS, Hawaii never intended to create a positive conflict with federal law, as defined in title 21 United States Code section 903; and

WHEREAS, the DEA has the authority to recognize exemptions for legal uses of controlled substances as evidenced by the federal Schedule I exemption recognizing the use of peyote by the Native American Church according to title 21 Code of Federal Regulations section 1307.31, and by the application for controlled substance exemption that exists under title 21 Code of Federal Regulations section 1307.03; and

WHEREAS, the perceived conflict that exists between Hawaii's Medical Use of Cannabis program and federal drug laws is causing numerous unintended consequences that are harming Hawaii's lawful medical cannabis patients; and

WHEREAS, a federal scheduling exemption for the medical use of cannabis in Hawaii will remove the false perception that Hawaii's Medical Use of Cannabis program is violating federal law; now, therefore,

BE IT RESOLVED by the Senate of the Thirtieth Legislature of the State of Hawaii, Regular Session of 2020, the House of Representatives concurring, that the Hawaii Department of Health is urged to request acknowledgment from the federal government, consistent with title 21 Code of Federal Regulations section 1307.03, that Hawaii's Medical Use of Cannabis program is exempt from federal controlled substance restrictions; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Office of the Governor, Office of the Lieutenant Governor, Department of the Attorney General, Department of Health, Department of Public Safety, and Department of Transportation.