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HI HR112

Resolution

Status

Passed

3/31/2021

Primary Sponsor

Mark Nakashima

Click for details

Origin

House of Representatives

2021 Regular Session

AI Summary

  • Requests the Department of Health to submit a request to the Drug Enforcement Administration for an exception to federal regulations and a petition for federal rulemaking to clarify that Hawaii's state-authorized medical cannabis use does not violate the federal Controlled Substances Act.

  • Directs the Department of Health to argue that Hawaii's medical cannabis laws create no conflict with state or federal drug laws and to request written acknowledgement from the DEA that Schedule I marijuana listing does not apply to medical cannabis under Hawaii's registry and dispensary programs.

  • Proposes specific federal regulatory language stating that the Schedule I listing of marijuana does not apply to state-authorized marijuana use and that persons using marijuana in compliance with state law are exempt from federal registration.

  • Notes that Hawaii authorized medical marijuana in 2000 under Act 228, becoming the first state to do so, and that conflicting state-federal laws have resulted in employment loss, discrimination in child custody and housing, and denial of insurance and firearms permits for compliant medical cannabis patients.

  • Requires certified copies of the resolution be transmitted to Hawaii's Congressional Delegation, Governor, Attorney General, and Director of Health.

Legislative Description

Requesting The Department Of Health To Submit A Request To The Drug Enforcement Administration For An Exception To Regulations And A Petition To Initiate Proceedings For Federal Rulemaking To Clarify That The State-authorized Use Of Medical Cannabis Does Not Violate The Federal Controlled Substances Act.

Marijuana

Last Action

Resolution adopted in final form.

3/31/2021

Committee Referrals

Judiciary & Hawaiian Affairs3/24/2021
Health, Human Services, & Homelessness3/15/2021

Full Bill Text

No bill text available