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HI HR105
Resolution
Status
3/5/2020
Primary Sponsor
Richard Creagan
Click for details
AI Summary
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Urges the Department of Health to request federal acknowledgment that Hawaii's Medical Cannabis Program is exempt from federal controlled substance regulations under 21 Code of Federal Regulations section 1307.03.
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Cites the U.S. Supreme Court decision in Gonzales v. Oregon (2006) establishing that states have authority to regulate medical use of federally controlled substances without federal interference.
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References Hawaii Act 228 (Session Laws of Hawaii 2000) as lawful exercise of state authority to create a regulated medical cannabis program.
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Notes that the DEA has precedent for granting exemptions to controlled substance restrictions, such as the exemption for nondrug peyote use by the Native American Church.
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Directs transmission of certified copies to the Governor, Lieutenant Governor, Attorney General, and directors of Health, Public Safety, and Transportation.
Legislative Description
Urging The Department Of Health To Request Acknowledgment From The Drug Enforcement Administration That Hawaii's Medical Cannabis Program Is Exempt From Federal Controlled Substance Regulations.
Exempt
Last Action
Referred to HLT, JUD, referral sheet 40
3/11/2020