THE SENATE

S.B. NO.

120

TWENTY-NINTH LEGISLATURE, 2017

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to the scheduling of marijuana.

 

 

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

 


     SECTION 1.  The legislature finds that the use of marijuana for medical purposes has been permitted in the State since 2000, when Hawaii became the first in the nation to authorize such use through the legislative process.  However, marijuana remains classified under state law as a schedule I drug, which is the classification for substances with the "highest degree of danger or probable danger" and for which virtually no lawful use is permitted.  There exists a clear, facial contradiction between marijuana's classification as a schedule I drug and its allowable use by qualifying patients for safe and effective relief of debilitating medical conditions pursuant to a licensed medical provider's written certification.

     For the purposes of Hawaii state law, the department of public safety determines a drug's degree of danger and classifies it within the schedule system under the Uniform Controlled Substances Act, chapter 329, Hawaii Revised Statutes.  The department's authority includes adding, deleting, and rescheduling drugs.  The legislature finds that the time is ripe for the department to reassess marijuana's classification as a schedule I drug.  The legislature notes that at least one other state, Oregon, has already reclassified marijuana as a schedule II drug under its own state law, consistent with that state's allowable medical marijuana use.

     The purpose of this Act is to require the department of public safety to reassess the classification of marijuana under Hawaii state law and to report its findings to the legislature.

     SECTION 2.  (a)  The department of public safety shall reassess the classification of marijuana as a schedule I drug pursuant to the criteria set forth in section 329-11, Hawaii Revised Statutes, including the degree of danger or probable danger present in the medical use of marijuana and its currently accepted medical use in the State, and shall make a determination as to its appropriate schedule classification.  The assessment and determination shall include:

     (1)  A detailed analysis of the statutory criteria for drug scheduling included in the State's Uniform Controlled Substances Act, chapter 329, Hawaii Revised Statutes, as applied to marijuana;

     (2)  Discussion of any contradiction inherent in classification of marijuana as a schedule I drug in context of its actual, current, allowable medical use pursuant to a medical practitioner's written certification that such use is safe and effective to alleviate the symptoms or effects of a qualifying patient's debilitating medical condition; and

     (3)  A detailed explanation of any conclusions or recommendations regarding the classification of marijuana under chapter 329, Hawaii Revised Statutes, and the reasoning behind those conclusions and recommendations.

     (b)  The department of public safety shall submit a written report of its assessment and determination as specified by subsection (a) to the legislature no later than twenty days prior to the convening of the regular session of 2018.

     (c)  For purposes of this Act, the terms "debilitating medical condition", "marijuana", "medical use", "qualifying patient", and "written certification" shall have the same meaning as in section 329-121, Hawaii Revised Statutes.


     SECTION 3.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

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Report Title:

Marijuana; Uniform Controlled Substances Act; Schedule I Drugs

 

Description:

Requires the Department of Public Safety to reassess the classification of marijuana as a Schedule I drug under state law and to report its findings to the Legislature.

 

 

 

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