THE SENATE                           S.C.R. NO.            220
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                    SENATE  CONCURRENT
                        RESOLUTION

  REQUESTING THE LEGISLATIVE REFERENCE BUREAU TO CONDUCT A STUDY
    REGARDING THE LANGUAGE, IMPLEMENTATION, AND EFFECTIVENESS
    OF MEDICINAL CANNABIS LAWS IN OTHER STATES.



 1        WHEREAS, over sixty United States professional
 2   organizations including the National Association for Public
 3   Health Policy, American Academy of Family Physicians, American
 4   Public Health Association, American Society of Addiction
 5   Medicine, California Medical Association, American Journal of
 6   Psychiatry, Federation of American Scientists, and the New
 7   England Journal of Medicine have concluded that many patients
 8   suffering from AIDS, cancer, glaucoma, Tourette's Syndrome, and
 9   many other specific debilitating diseases as well as traumatic
10   physical injuries are finding relief from chronic symptoms and
11   debilitating pain -- relief not available from other medicines
12   -- through the use of medicinal cannabis, in other words,
13   marijuana as medicine; and
14   
15        WHEREAS, many patients in Hawai`i have testified to the
16   efficacy of marijuana in treating their own chronic symptoms
17   and debilitating pain; and
18   
19        WHEREAS, such patients are currently subject to criminal
20   prosecution for using marijuana to relieve their symptoms and
21   suffering; and
22   
23        WHEREAS, medical doctors who are aware of the positive
24   effects of marijuana may not prescribe or "recommend" it as
25   medicine without fearing the loss of their license to prescribe
26   controlled substances and possible criminal prosecution due to
27   marijuana's placement as a Schedule I federally controlled
28   substance; and
29   
30        WHEREAS, no state, including Hawai`i, is obligated to make
31   conduct which has been made criminal under federal law, such as
32   using marijuana to relieve severe medical conditions, a crime
33   under state law; and
34   

 
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 1        WHEREAS, it is currently the policy of the State of
 2   Hawai`i, as adopted by the Legislature in the "Choice of Evils"
 3   defense in sections 703-301 and 302, Hawaii Revised Statutes,
 4   and interpreted by the Hawai`i Supreme Court, to permit the use
 5   of marijuana where a severe medical condition can be alleviated
 6   safely by marijuana, but not by other effective drugs.
 7   However, in practice this humane policy is thwarted because the
 8   patient may be prosecuted and must undergo a prosecution and
 9   trial before the right to use medical marijuana can be
10   established; and
11   
12        WHEREAS, sixty-three per cent of Hawai`i voters support
13   the medicinal use of marijuana as verified by the independent
14   research firm of Fairbank, Maslin, Maullin & Associates; and
15   
16        WHEREAS, thirty-six states have officially recognized the
17   value of marijuana as medicine and voters in Alaska, Arizona,
18   California, Colorado, Oregon, and Washington have
19   overwhelmingly passed initiatives allowing the medicinal use of
20   marijuana despite prevailing federal law; now, therefore,
21   
22        BE IT RESOLVED by the Senate of the Twentieth Legislature
23   of the State of Hawaii, Regular Session of 1999, the House of
24   Representatives concurring, that the Legislative Reference
25   Bureau is requested to conduct a study regarding the language,
26   implementation, and effectiveness of medicinal cannabis laws in
27   Alaska, Arizona, California, Colorado, Oregon, and Washington
28   including:
29   
30        (1)  A review and discussion of problems encountered by
31             those states as a result of possible conflict or
32             inconsistency with federal law;
33   
34        (2)  An examination and critique of procedures enacted by
35             states that permit medical use of marijuana to ensure
36             medicinal marijuana laws are not abused;
37   
38        (3)  An examination of the ways in which those states have
39             immunized:
40   
41             (A)  Physicians who give, or fail to give, opinions
42                  or recommendations to patients for the medical
43                  use of marijuana; and

 
 
 
 
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 1   
 2             (B)  Persons who assist qualified patients to acquire
 3                  the marijuana they need from civil or criminal
 4                  liability; and
 5   
 6        (4)  An examination of the policy, effect, and problems of
 7             the "Choice of Evils" defense and how other states
 8             have made the defense effective with regard to the
 9             humane use of marijuana;
10   
11   and
12   
13        BE IT FURTHER RESOLVED that the Bureau is requested to
14   report on its findings, and recommendations, including proposed
15   legislation, to the Legislature no later than thirty days prior
16   to the convening of the Regular Session of 2000; and
17   
18        BE IT FURTHER RESOLVED that certified copies of this
19   Concurrent Resolution be transmitted to the President of the
20   United States, the President of the United States Senate, the
21   Speaker of the United States House of Representatives, members
22   of Hawaii's congressional delegation, the Governor, and the
23   Director of the Legislative Reference Bureau.
24   
25 
26 
27 
28                         OFFERED BY:  ____________________________