HOUSE OF REPRESENTATIVES

H.B. NO.

856

TWENTY-EIGHTH LEGISLATURE, 2015

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to synthetic drugs.

 

 

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

 


     SECTION 1.  The legislature finds that the recent growth of synthetic drugs, such as spice/k2 and bath salts, and the dangers presented by these substances, requires enhanced methods and strategies to respond to them as soon as their existence becomes known to the State.  The purpose of this Act is create a process by which synthetic drugs can be quickly outlawed and instantly identified by the attorney general.

     SECTION 2.  Chapter 321, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§321-      Synthetic drugs; emergency rules.   (a)  Not less than every ninety days, and in consultation with the county police departments, the department shall send written notice to the governor, the attorney general, and the legislature stating whether the department has identified any new synthetic drugs that are not currently listed as a controlled substance under chapter 329.  In order to identify new synthetic drugs, the department shall consult with the department of public safety, narcotics enforcement division; the county police departments; the United States Drug Enforcement Agency; the United States Office of National Drug Control Policy; the Scientific Working Group for the Analysis of Seized Drugs; and the departments of health in other states.

     (b)  If the department of health has identified any new synthetic drugs, the department shall immediately propose an emergency rule to add those new synthetic drugs as an administrative attachment to the appropriate schedule of controlled substances under chapter 329, and expeditiously adopt the proposed rule, notwithstanding chapters 91 and 329.  Upon adoption of the emergency rule, the rule shall take effect immediately, and the new synthetic drug shall be recognized as a controlled substance under chapter 329, notwithstanding any law to the contrary.

     (c)  Any emergency rule adopted pursuant to this section shall automatically sunset in twelve months from the date of its adoption.

     (d)  Nothing in this section shall interfere with any exemptions provided under law to any person or entity that possesses a synthetic drug for lawful purposes."

     SECTION 3.  Chapter 52D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§52D-      Field testing; synthetic drugs.  (a)  There is established in the county police department of a county with a population of not less than seven hundred thousand a program that uses technologies and protocols to instantly identify synthetic drugs upon their transfer to the possession of the county police department.  The program shall focus on using technology capable of justifying a court's use of judicial notice in the identification of the synthetic drugs.

     (b)  Not less than twenty days prior to the convening of each regular session, the police chief of the affected county shall submit a report to the legislature outlining the findings of the program and make any recommendation on whether the technologies and protocols used in the program are effective in preventing the spread of synthetic drugs in the State.  The report shall include the following:

     (1)  A review of the technical capabilities and accuracy rates of technologies and protocols used in the program;

     (2)  A description of the impact to any county crime laboratory backlog if the technologies and protocols used by the county police department minimizes or eliminates the necessity of sending the synthetic drugs to a crime laboratory for testing, including the potential cost savings to state and local government; and

     (3)  A description of whether the courts grant judicial notice of the identification of the synthetic drugs through the use of those technologies and protocols."

     SECTION 3.  There is appropriated out of the general revenues of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2015-2016 and the same sum or so much thereof as may be necessary for fiscal year 2016-2017 for the State to meet its constitutional obligation under article VIII, section 5, of the state constitution, in sharing in the cost of the local mandate imposed upon the affected county under this Act.

     The sums appropriated shall be expended by the city and county of Honolulu for the purposes of this Act.

     SECTION 4.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on July 1, 2015.

 

INTRODUCED BY:

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Report Title:

Synthetic Drugs; Controlled Substances; Field Testing; Appropriations

 

Description:

Authorizes the DOH to use emergency rulemaking to add synthetic drugs as an administrative attachment to the list of controlled substances.  Requires certain county police departments to use technologies and protocols that instantly identify synthetic drugs.  Appropriates moneys to the affected counties.

 

 

 

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