STAND. COM. REP. NO. 1287

 

Honolulu, Hawaii

                  

 

RE:    S.R. No. 19

       S.D. 1

 

 

 

Honorable Donna Mercado Kim

President of the Senate

Twenty-Eighth State Legislature

Regular Session of 2015

State of Hawaii

 

Madam:

 

     Your Committee on Judiciary and Labor, to which was referred S.R. No. 19 entitled:

 

"SENATE RESOLUTION REQUESTING THE DRUG ENFORCEMENT ADMINISTRATION TO INITIATE RESCHEDULING PROCEEDINGS TO REMOVE MARIJUANA FROM SCHEDULE I OF THE FEDERAL CONTROLLED SUBSTANCES ACT BECAUSE MARIJUANA DOES NOT MEET THE CRITERIA OF A FEDERAL SCHEDULE I CONTROLLED SUBSTANCE,"

 

begs leave to report as follows:

 

     The purpose and intent of this measure is to request the federal Drug Enforcement Agency to initiate rescheduling proceedings to remove marijuana as a schedule I controlled substance under the federal Controlled Substances Act.

 

     Your Committee received testimony in support of this measure from the American Civil Liberties Union of Hawaii, Libertarian Party of Hawaii, Community Alliance on Prisons, The Drug Policy Action Group, The Drug Policy Forum, and three individuals.  Your Committee received testimony in opposition to this measure from the Police Department, City and County of Honolulu and Department of the Prosecuting Attorney, County of Maui.

 

     Your Committee finds that marijuana is a federal schedule I controlled substance under the federal Controlled Substances Act.  To be listed as a schedule I controlled substance several findings are required, including that the controlled substance has no currently accepted medical use in treatment in the United States.  However, your Committee notes that in 2000, Hawaii created the State's medical marijuana program and accepted the medical use of marijuana in treatment.  As a result, the federal Drug Enforcement Administration's classification of marijuana as a federal schedule I controlled substance is contrary to Hawaii's currently accepted medical use of marijuana in treatment and prevents Hawaii from creating a state regulated distribution system that complies with federal law.  This measure seeks to initiate rescheduling proceedings to remove marijuana as a schedule I controlled substance under the federal Controlled Substances Act so that state medical marijuana programs, such as Hawaii's medical marijuana program, can be lawfully implemented and recognized under federal law.

 

     Your Committee has amended this measure by:

 

     (1)  Deleting language, including in its title, that states that marijuana does not meet the criteria of a federal schedule I controlled substance; and

 

     (2)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

 

     As affirmed by the record of votes of the members of your Committee on Judiciary and Labor that is attached to this report, your Committee concurs with the intent and purpose of S.R. No. 19, as amended herein, and recommends its adoption in the form attached hereto as S.R. No. 19, S.D. 1.

 

Respectfully submitted on behalf of the members of the Committee on Judiciary and Labor,

 

 

 

________________________________

GILBERT S.C. KEITH-AGARAN, Chair