HI SCR62

Request the State Attorney General to file an injunction in the United States District Court to enjoin enforcement of state and federal laws prohibiting cannabis as a Schedule I controlled substance until it can be reclassified.

Request the Governor to ask the United States Attorney General to recognize Hawaii's right to determine appropriate issuance and use of medical marijuana, based on the Legislature's determination that marijuana has legalized medical use in Hawaii and therefore no longer meets federal Schedule I criteria.

Assert that Hawaii's medical marijuana law, enacted under Act 228 (Session Laws of Hawaii 2000), recognizes marijuana has legitimate medical use, contradicting federal Schedule I classification which requires no accepted medical use.

Reference the Gonzales v. Oregon Supreme Court decision holding that the Controlled Substances Act contemplates a role for states in regulating controlled substances and does not allow the Attorney General to prohibit doctors from prescribing regulated drugs under state law.

Note that registered medical cannabis patients in Hawaii face risk of federal prosecution despite state law protections, and that Hawaii's medical marijuana law is at risk of being undermined by current federal enforcement.