HI HCR126

Urges the Department of Health to request acknowledgment from the federal government that Hawaii's Medical Cannabis Program is exempt from federal controlled substance regulations under 21 CFR § 1307.03.

Asserts that Hawaii's medical cannabis program was lawfully established under Act 228, Session Laws of Hawaii 2000, and is authorized under state law and 21 CFR § 903.

References the U.S. Supreme Court decision in Gonzales v. Oregon (546 U.S. 243, 2006) establishing that states have authority to regulate medical use of controlled substances without federal override.

Notes that the DEA already recognizes exemptions for legal uses of controlled substances, such as exemptions for Native American Church use of peyote under 21 CFR § 1307.31.

Requires certified copies of the resolution be transmitted to the Governor, Lieutenant Governor, Attorney General, Director of Health, Director of Public Safety, and Director of Transportation.