STAND. COM. REP. NO. 2760

                                   Honolulu, Hawaii
                                                     , 2000

                                   RE:  S.B. No. 862
                                        S.D. 2




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred S.B. No.
862, S.D. 1, entitled: 

     "A BILL FOR AN ACT RELATING TO MEDICAL USE OF MARIJUANA,"

begs leave to report as follows:

     The purpose of this bill is to permit the medical use of
marijuana by persons with certain medical conditions.

     Your Committee finds that modern medical research has
discovered a beneficial use for marijuana in treating or
alleviating the pain or other symptoms associated with certain
debilitating illnesses such as cancer, glaucoma, human
immunodeficiency virus, acquired immune deficiency syndrome,
multiple sclerosis, epilepsy, and crohn's disease.  There is
sufficient medical and anecdotal evidence to support the
proposition that these diseases and conditions may respond
favorably to a medically controlled use of marijuana.

     Your Committee is aware of the legal problems associated
with the legal acquisition of marijuana for medical use.
However, your Committee believes that medical scientific evidence
on the medicinal benefits of marijuana should be recognized.
Although federal law expressly prohibits the use of marijuana,
your Committee recognizes that a number of states are taking the
initiative in legalizing the use of marijuana for medical
purposes.  Voter initiatives permitting the medical use of

 
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marijuana have passed in California, Arizona, Oregon, Washington,
Alaska, Maine, and the District of Columbia.  

     In a recent poll conducted by Honolulu-based QMark Research
and Polling, an overwhelming majority of Hawaii voters (77%) are
in favor of allowing seriously or terminally ill patients to use
marijuana for medical purposes.  Your Committee intends to follow
the will of its citizens and join other states in this initiative
for the health and welfare of its citizens.  However, your
Committee does not intend to legalize marijuana for other than
medical purposes.  The passage of this Act and the policy
underlying it does not in any way diminish the legislature's
strong public policy and laws against illegal drug use.

     Your Committee strongly suggests that, should marijuana be
legalized for medicinal purposes, every effort should be made to
partner with existing national research efforts studying the
efficacy of using marijuana for treating the terminally ill and
those with debilitating medical conditions.

     Testimony in support of this measure was submitted by the
Department of Health, the Governor's Committee on HIV/AIDS, the
American Civil Liberties Union of Hawaii, Advocates for Consumer
Rights, the AIDS Community Care Team, Citizens Advocating
Responsible Education, the Drug Policy Forum of Hawaii, Hawaii
Nurses Association, the Kokua Council, the Life Foundation, the
Libertarian Party of Hawaii, the Religion of Jesus Christ, and
eleven interested individuals.  Testimony in opposition to this
measure was submitted by the Department of the Prosecuting
Attorney of the City and County of Honolulu, the Department of
the Prosecuting Attorney of the County of Maui, the Honolulu
Police Department, the Board of Medical Examiners, Hawaii Medical
Association, and a concerned citizen.

     Upon further consideration, your Committee has amended this
measure by:

     (1)  Amending the definition of "adequate supply" to mean a
          reasonable amount between 1 and 10.5 ounces, but no
          more than a sixty-day supply;

     (2)  Amending the definition of "debilitating medical
          condition" to include Crohn's disease;

     (3)  Amending the definition of "marijuana" to include the
          meaning of marijuana as defined in section 712-1240,
          Hawaii Revised Statutes (HRS);


 
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     (4)  Amending the definition of "physician" to include those
          persons also licensed under chapter 460, HRS;

     (5)  Amending the definition of "primary caregiver" to
          include an individual who has agreed to manage the
          well-being of no more than three qualifying patients at
          any one time and including a parent, guardian, or
          person who has legal custody;

     (6)  Deleting the definition of "parent" as it is
          unnecessary;

     (7)  Changing the term "written documentation" to "written
          certification";

     (8)  Adding that the authorization for medical use of
          marijuana shall not apply to medical use of marijuana
          in any moving vehicle and in the workplace;

     (9)  Adding a provision that requires the qualifying patient
          to register with the Department of Health and providing
          that the Department of Health provide reasonable access
          to the records for official law enforcement purposes ;

     (10) Clarifying the provisions that afford protection to
          physicians who provide written certification to a
          qualifying patient for the medical use of marijuana;

     (11) Providing that law enforcement agencies who seize live
          marijuana plants as evidence shall not be responsible
          for the care and maintenance of such plants;

     (12) Deleting the provisions that allowed a physician, who
          is called to testify in a criminal proceeding, to give
          testimony in private in the judge's chambers;

     (13) Amending section 712-1240.1, HRS, to include an
          affirmative defense for the medical use of marijuana;
          and 

     (14) Making technical, non-substantive changes for the
          purposes of clarity and style.

     As affirmed by the record of votes of the members of your
Committee on Judiciary that is attached to this report, your
Committee is in accord with the intent and purpose of S.B. No.
862, S.D. 1, as amended herein, and recommends that it pass Third
Reading in the form attached hereto as S.B. No. 862, S.D. 2.


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



                                   ______________________________
                                   AVERY B. CHUMBLEY, Co-Chair



                                   ______________________________
                                   MATTHEW M. MATSUNAGA, Co-Chair

 
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