STAND. COM. REP. NO.380-02

Honolulu, Hawaii

, 2002

RE: H.B. No. 2562

H.D. 1

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred H.B. No. 2562 entitled:

"A BILL FOR AN ACT RELATING TO CONTROLLED SUBSTANCES,"

begs leave to report as follows:

The purpose of the bill is to:

(1) Authorize the addition of analogues of controlled substances to the Uniform Controlled Substances Act which would allow them to be controlled in the same manner as the controlled substances that are currently controlled; and

(2) Make housekeeping amendments to the controlled substances statutes.

Your Committee received testimony in support of the measure from the Department of Public Safety (DPS). The Office of the Public Defender testified in opposition to this measure.

Your Committee finds that the Legislature should not delegate its responsibilities by allowing the DPS to determine which controlled substance analogues are to be considered contraband.

Your Committee has amended this bill by:

(1) Deleting references to "controlled substance analogue";

(2) Deleting reference to the prohibition against prescriptions that exceed a thirty-day supply for controlled substance in schedule II;

(3) Deleting the authority of the DPS to proscribe substances by rulemaking; and

(4) Making technical, nonsubstantive changes for purposes of style and clarity.

As affirmed by the record of votes of the members of your Committee on Judiciary and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2562, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2562, H.D. 1, and be referred to the Committee on Finance.

Respectfully submitted on behalf of the members of the Committee on Judiciary and Hawaiian Affairs,

 

____________________________

ERIC G. HAMAKAWA, Chair