Bill Text: HI HR105 | 2020 | Regular Session | Introduced

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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 Regulations.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2020-03-11 - Referred to HLT, JUD, referral sheet 40 [HR105 Detail]

Download: Hawaii-2020-HR105-Introduced.html

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HOUSE OF REPRESENTATIVES	H.R. NO.	105
THIRTIETH LEGISLATURE, 2020
STATE OF HAWAII

HOUSE 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 reGULATIONS.

 

 

 

     WHEREAS, the authority to decide the medical use of substances scheduled according to the federal 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, title 21 Code of Federal Regulations section 903 gives states the authority to regulate laws not in conflict with federal 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 Cannabis Program; and

 

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

 

     WHEREAS, the DEA has the authority to recognize exemptions for legal uses of controlled substances, such as the exemption from Schedule I applicable to the nondrug use of peyote by the Native American Church under title 21 Code of Federal Regulations section 1307.31, and the ability to apply for a controlled substance exception under title 21 Code of Federal Regulations section 1307.03; and

 

     WHEREAS, the perceived conflict that exists between Hawaii's Medical Cannabis Program and federal controlled substances 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 is needed to remove the false perception that Hawaii's Medical Cannabis Program is violating federal law; now, therefore,

 

     BE IT RESOLVED by the House of Representatives of the Thirtieth Legislature of the State of Hawaii, Regular Session of 2020, that the 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 Cannabis Program is exempt from federal controlled substance regulations; and

 

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

 

 

 

	OFFERED BY:	_____________________________

Report Title: 

Medical Use of Cannabis Program; Exempt; Federal Controlled Substance Restrictions