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HI HB867

Bill

Status

Introduced

1/27/2021

Primary Sponsor

Nadine Nakamura

Click for details

Origin

House of Representatives

2022 Regular Session

AI Summary

  • Requires the Hawaii Department of Health to submit an application for immediate relief to the DEA under 21 CFR section 1307.03, stating that Hawaii's cannabis authorization laws create a federal exemption and do not conflict with federal drug scheduling.

  • Requires the Department of Health to submit a petition for permanent relief to the DEA under 21 CFR section 1308.43 with the same legal arguments regarding state cannabis authorization and federal exemption.

  • Both the application and petition must include a proposed rule stating that "the listing of marijuana as a controlled substance does not apply to the state authorized use of marijuana, and persons using marijuana in compliance with state law are exempt from registration."

  • Finds that Hawaii's authorization of cannabis use under Chapter 329 and Chapter 329D of the Hawaii Revised Statutes, combined with international drug treaty exemptions for authorized domestic use, provides legal basis for federal exemption.

  • Takes effect upon approval.

Legislative Description

Relating To Controlled Substances.

Department of Health

Last Action

Carried over to 2022 Regular Session.

12/10/2021

Committee Referrals

Health, Human Services, & Homelessness1/29/2021

Full Bill Text

No bill text available