Bill Text: HI SCR91 | 2014 | Regular Session | Introduced

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Bill Title: Medical Marijuana; Accepted Use; Federal Schedule I

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-03-13 - Referred to PSM, JDL. [SCR91 Detail]

Download: Hawaii-2014-SCR91-Introduced.html

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THE SENATE	S.C.R. NO.	91
TWENTY-SEVENTH LEGISLATURE, 2014
STATE OF HAWAII

SENATE CONCURRENT

RESOLUTION

 

 

requesting the Drug Enforcement Administration to acknowledge the currently accepted medical use of marijuana in treatment that exists in Hawaii and the United States and remove marijuana from classification as a federal schedule I controlled substance.

 

 

     WHEREAS, our structure of government, known as federalism, allows for the distribution of power between the states and the federal government; and

 

     WHEREAS, one of the powers that remains with the states is the authority to accept the medical use of controlled substances; and

 

     WHEREAS, the United States Congress designed the Federal Controlled Substances Act with the clear intent of allowing for changes in the scheduling of controlled substances based on changes in state medical use; and

 

     WHEREAS, Hawaii lawfully exercised its authority to accept the medical use of controlled substances when the Legislature passed Act 228, Session Laws of Hawaii 2000, accepting the medical use of marijuana in treatment; and

 

     WHEREAS, classification as a federal schedule I substance requires that the substance have no currently accepted medical use in treatment in the United States; and

 

     WHEREAS, marijuana does not satisfy the criteria for scheduling as a federal schedule I controlled substance due to the currently accepted medical use of marijuana in treatment that exists in Hawaii and the United States; and

 

     WHEREAS, the Drug Enforcement Administration, the government agency that administers the regulation of controlled substances at the federal level, does not have the power to deny the authority of state law, especially when state law changes the status of the currently accepted medical use in treatment of a controlled substance; and

 

     WHEREAS, Hawaii is lawfully entitled to create a state-regulated distribution system that will allow patients to purchase marijuana for medical use; and

 

     WHEREAS, the Drug Enforcement Administration, by failing to acknowledge the currently accepted medical use of marijuana in treatment that exists in Hawaii and the United States, is unlawfully enforcing marijuana as a schedule I controlled substance and preventing Hawaii from creating a state-regulated distribution system that can comply with federal law; now, therefore,

 

     BE IT RESOLVED by the Senate of the Twenty-seventh Legislature of the State of Hawaii, Regular Session of 2014, the House of Representatives concurring, that the Drug Enforcement Administration is requested to acknowledge the currently accepted medical use of marijuana in treatment that exists in Hawaii and the United States and remove marijuana from classification as a federal schedule I controlled substance; and

 

     BE IT FURTHER RESOLVED that a certified copy of this Concurrent Resolution be transmitted to the Administrator of the United States Drug Enforcement Administration.

 

 

 

	OFFERED BY:	_____________________________

Report Title: 

Medical Marijuana; Accepted Use; Federal Schedule I