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HI SR24
Resolution
Status
3/6/2012
Primary Sponsor
Maile Shimabukuro
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AI Summary
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Request the State Attorney General to file an injunction in U.S. District Court to enjoin enforcement of state and federal laws prohibiting cannabis as a Schedule I controlled substance until it can be reclassified.
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Request the Governor to ask the U.S. Attorney General to recognize Hawaii's right to determine appropriate issuance and use of medical marijuana, asserting that marijuana no longer meets federal Schedule I criteria since Hawaii legalized its medical use.
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Assert that Hawaii's medical marijuana law, enacted in 2000, explicitly recognizes marijuana has legitimate medical use, conflicting with federal classification that requires substances have no currently accepted medical use.
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Cite the U.S. Supreme Court's Gonzales v. Oregon decision holding that the Controlled Substances Act does not allow the Attorney General to prohibit doctors from prescribing regulated drugs under state law, and that states have an explicit role in regulating controlled substances.
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Note that registered medical cannabis patients in Hawaii face risk of federal prosecution despite state law protections, and that the state's medical marijuana law is at risk of being undermined by federal enforcement.
Legislative Description
Medical Marijuana; Federal Enforcement
Last Action
(S) Referred to HTH/PGM, JDL.
3/8/2012