STAND. COM. REP. NO. 832-00

                                 Honolulu, Hawaii
                                                   , 2000

                                 RE: H.B. No. 1157
                                     H.D. 2




Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committee on Judiciary and Hawaiian Affairs, to which
was referred H.B. No. 1157, H.D. 1, entitled: 

     "A BILL FOR AN ACT RELATING TO THE MEDICAL USE OF
     MARIJUANA,"

begs leave to report as follows:

     The purpose of this bill is to allow for the medical use of
marijuana for qualifying patients with written certification of
the need for treatment issued by physicians.

     The Department of Health (DOH), the American Civil Liberties
Union, the Life Foundation, the Hawaii Nurses' Association, the
Advocates for Consumer Rights, Kokua Council, the Religion of
Jesus Church, the Drug Policy Forum of Hawaii, Citizens
Advocating Responsible Education, and concerned individuals
testified in support of this measure.  The Department of the
Prosecuting Attorney for the City and County of Honolulu, the
Honolulu Police Department, the Hawaii County Police Department,
the Hawaii Medical Association, and concerned individuals
testified in opposition to this measure.

     Your Committee finds that this measure will provide for the
medical use of marijuana within strict controls that balance
health concerns and public safety concerns.


 
 
 
 
 
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     Your Committee amended this bill by:

     1.   Deleting from the definition of "adequate supply" the
          qualification that such amount be a quantity needed
          throughout the projected course of treatment and
          replacing instead, a blank maximum aggregate weight
          allowance for "adequate supply";

     2.   Deleting seizures and severe muscle spasms from the
          definition of "debilitating medical condition";

     3.   Excluding physician assistants from the definition of
          "physician";

     4.   Deleting physicians' determination of "choice of evils"
          as a requirement for written certifications;

     5.   Inserting that medical use of marijuana shall not apply
          if the use of marijuana occurs in a moving vehicle or
          in the work place of one's employment;

     6.   Requiring physicians to register patients' information
          with DOH and requiring DOH to share this information
          with the Department of Public Safety;

     7.   Making it discretionary with the court whether
          physicians testify in camera and whether names of
          physicians are withheld in criminal proceedings;

     8.   Clarifying that it is not the responsibility of police
          to maintain care of live marijuana plants seized by the
          police as evidence; and

     9.   Inserting an open sunset date for the Legislation.

 
     As affirmed by the record of votes of the members of your
Committee on Judiciary and Hawaiian Affairs that is attached to
this report, your Committee is in accord with the intent and
purpose of H.B. No. 1157, H.D. 1, as amended herein, and
recommends that it pass Third Reading in the form attached hereto
as H.B. No. 1157, H.D. 2.


 
 
 
 
 
 
                                 STAND. COM. REP. NO. 832-00
                                 Page 3

 
                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Judiciary &
                                   Hawaiian Affairs,



                                   ______________________________
                                   ERIC G. HAMAKAWA, Chair