Bill Text: HI HCR132 | 2021 | Regular Session | Amended
Bill Title: Requesting The Department Of Health To Apply To The Drug Enforcement Administration's Office Of Diversion Control For An Exception Under Title 21 Code Of Federal Regulations Section 1307.03, And Request Formal Written Acknowledgment That The Listing Of Marihuana, Marihuana Extract, And Tetrahydrocannabinols As Controlled Substances In Federal Schedule I Does Not Apply To The Protected Activities In Hawaii Revised Statutes.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2021-04-23 - Resolution adopted in final form. [HCR132 Detail]
Download: Hawaii-2021-HCR132-Amended.html
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HOUSE OF REPRESENTATIVES |
H.C.R. NO. |
132 |
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THIRTY-FIRST LEGISLATURE, 2021 |
H.D. 1 |
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STATE OF HAWAII |
S.D. 1 |
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HOUSE CONCURRENT
RESOLUTION
REQUESTING THE DEPARTMENT OF HEALTH TO apply to the Drug Enforcement Administration's Office of Diversion Control for an exception under TITLE 21 Code of Federal Regulations section 1307.03, and request formal written acknowledgment that the listing of marihuana, marihuana extract, and tetrahydrocannabinols as controlled substances in federal Schedule I does not apply to the protected activities in Hawaii Revised Statutes.
WHEREAS, when Act 228, Session Laws of Hawaii 2000 (Act 228), was enacted, Hawaii became the first state to authorize the use of medical marijuana to treat debilitating medical conditions including cancer, glaucoma, human immunodeficiency virus, acquired immune deficiency syndrome, and other chronic or debilitating diseases; and
WHEREAS, at the time Act 228 was enacted there was ample evidence to show that medical marijuana helps to alleviate pain and has other benefits for severely ill patients; and
WHEREAS, federal law expressly prohibits the use of marijuana, despite the evidence of the benefits of using medical cannabis; and
WHEREAS, this lack of uniformity between state and federal marijuana laws has repercussions for medical cannabis patients and the State's medical cannabis dispensaries, including loss of employment and discrimination in child custody hearings, eligibility for federally subsidized housing, and applications for federal firearms permits, life insurance, and disability insurance for patients who use medical cannabis in compliance with state law; and
WHEREAS, Title 21 Code of Federal Regulations section 1307.03 allows the Administrator of the Drug Enforcement Administration to grant exceptions to certain federal regulations; and
WHEREAS, obtaining an exception from the federal Controlled Substances Act for the state-authorized use of medical cannabis would benefit the State's residents who use medical cannabis and the State's medical cannabis dispensaries; now, therefore,
BE IT RESOLVED by the House of Representatives of the Thirty-first Legislature of the State of Hawaii, Regular Session of 2021, the Senate concurring, that the Department of Health is requested to apply to the Drug Enforcement Administration's Office of Diversion Control for an exception under Title 21 Code of Federal Regulations, section 1307.03 and request formal written acknowledgment that the listing of marihuana, marihuana extract, and tetrahydrocannabinols as controlled substances in federal Schedule I does not apply to the protected activities in the Hawaii Revised Statutes; and
BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the members of Hawaii's Congressional Delegation, Governor, Attorney General, and Director of Health.
Marijuana; Medical Cannabis; Exception; Federal Controlled Substances Act
