THE SENATE	S.B. NO.	1180
TWENTY-SEVENTH LEGISLATURE, 2013
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO EMERGENCY SCHEDULING OF CONTROLLED SUBSTANCES.

 

 

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

 

     SECTION 1.  Section 329-11, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:

     "(e)  The administrator may make an emergency scheduling by placing a substance into schedule I, II, III, IV, or V on a temporary basis, if the administrator determines the action is necessary to address or avoid a current or imminent danger to the health and safety of the public.  In making a determination regarding if a substance should be emergency scheduled, the administrator shall assess the degree of danger or probable danger of the substance by considering the following:

     (1)  The actual or possible abuse of the substance including:

         (A)  Its history and current pattern of abuse;

         (B)  The scope, duration, and significance of abuse; and

         (C)  A judgment of the degree of actual or possible detriment that may result from the abuse of the substance; and

     (2)  The risk to public health.

The department shall post a public notice thirty days prior to the effective date of the emergency scheduling action, at the state capitol, in the office of the lieutenant governor, and on the department's website for public inspection.  If a substance is added or rescheduled under this subsection, the control shall be temporary and, if the next regular session of the state legislature has not enacted the corresponding changes in this chapter, the temporary designation of the added or rescheduled substance shall be nullified."

     SECTION 2.  New statutory material is underscored.

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

 

INTRODUCED BY:	_____________________________
	BY REQUEST

 

 

Report Title:

Emergency Scheduling of Controlled Substances

 

Description:

Requires the Department of Public Safety to post a public notice thirty days prior to the effective date of the emergency scheduling action, at the State Capitol, in the Office of the Lieutenant Governor, and on the department's website for public inspection.

 

 

 

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