STAND. COM. REP. NO. 2631

                                   Honolulu, Hawaii
                                                     , 2000

                                   RE:  S.B. No. 2930
                                        S.D. 2




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred S.B. No.
2930, S.D. 1, entitled: 

     "A BILL FOR AN ACT RELATING TO CONTROLLED SUBSTANCES,"

begs leave to report as follows:

     The purpose of this bill is to amend Hawaii's Uniform
Controlled Substance Act to be consistent with changes to federal
and state law.

     Specifically, section 1 proposes to add "oxycodone" to
section 329-16(c) to readily identify this schedule II opiate for
court purposes.  Sections 2 and 3 permanently transfer
"dronabinol" from schedule II to schedule III to conform with
federal law.  Section 4 clarifies that the substance
"dextropropoxyphene" as a narcotic drug and adds a newly
scheduled opiate "modafinil".  Section 5 expands the law relating
to obtaining or procuring controlled substances by fraud, deceit,
misrepresentation, embezzlement, theft, or forgery, etc.  Section
6 clarifies that a person violating section 329-46, Hawaii
Revised Statutes, regarding visits to multiple doctors to obtain
controlled substance prescriptions is a class C felony.  Section
7 clarifies the subpoena powers of the Director of Public Safety
with regard to the Uniform Controlled Substances Act.

     Your Committee received testimony in support of this bill
from the Department of Public Safety and in opposition from the

 
a                                                     SB2930 SD2
 
 
                                   STAND. COM. REP. NO. 2631
                                   Page 2


Office of the Public Defender specifically opposing the inclusion
of section 6 of the bill.

     Your Committee finds that the amendments made by this bill
to conform with federal and state laws regarding controlled
substance schedules are necessary.  However, your Committee
believes that the amendments to section 329-46, Hawaii Revised
Statutes, are unnecessary and inadvisable.  The proposed
amendments in section 6 of the bill would, in effect, impose an
affirmative duty on a patient to inform one doctor of the precise
type of all prescriptions the patient is receiving from all other
doctors.  Consequently, a patient could innocently violate this
proposed law without having any fraudulent intent.

     Upon further consideration, your Committee has amended this
bill by:

     (1)  Making technical, nonsubstantive amendments for the
          purpose of style;

     (2)  Deleting section 6 of the bill that amends section
          329-46, Hawaii Revised Statutes; and 

     (3)  Re-numbering the remaining sections of the bill
          accordingly.

     As affirmed by the record of votes of the members of your
Committee on Judiciary that is attached to this report, your
Committee is in accord with the intent and purpose of S.B. No.
2930, S.D. 1, as amended herein, and recommends that it pass
Third Reading in the form attached hereto as S.B. No. 2930,
S.D. 2.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Judiciary,



                                   ______________________________
                                   AVERY B. CHUMBLEY, Co-Chair



                                   ______________________________
                                   MATTHEW M. MATSUNAGA, Co-Chair

 
a                                                     SB2930 SD2