STAND. COM. REP. NO. 527

                                   Honolulu, Hawaii
                                                     , 1999

                                   RE:  S.B. No. 862
                                        S.D. 1




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Sir:

     Your Committee on Health and Human Services, to which was
referred S.B. No. 862 entitled: 

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

begs leave to report as follows:

     The purpose of this measure is to legalize marijuana for
medical use.

     Testimony in support of this measure was received from the
Life Foundation, American Civil Liberties Union, Cannabis
Consulting Company, Libertarian Party of Hawaii, Big Island AIDS
Project, Malama Pono, Religion of Jesus Church, Upjohn Company,
Industrial Research Laboratories, Citizens Advocating Responsible
Education, and twenty private citizens.  Testimony in opposition
was presented by the Police Department of the City and County of
Honolulu, Department of the Prosecuting Attorney of the County of
Maui, County of Hawaii Police Department, American Cancer
Society, Hawaii Medical Association, Hawaii Catholic Conference,
Drug-Free Hawaii, Wm. S. Merrell Company, American Drug
Manufacturers Association, Reformed Church in America, and three
private physicians.  The Department of Health submitted
informational testimony that more discussion is needed.

     Your Committee finds that medical scientific evidence on the
medicinal benefits of marijuana should be recognized, though this
subject is controversial.  Your Committee is aware of the
problems of law enforcement and legal acquisition relating to
legalizing marijuana for medical use.  It is your Committee's

 
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intent to move toward a policy of allowing the medical use of
marijuana.  By passing this measure, your Committee is keeping
the issue alive and generating discussion on a topic of utmost
importance.  Your Committee defers to the Committee on the
Judiciary as to the legal aspects of this measure.  Your
Committee is concerned with the health aspects and finds that
there is sufficient annecdotal evidence that certain diseases and
conditions may respond favorably to a medically controlled use of
marijuana.

     Your Committee, however, wishes to note that the passage of
this measure onto the Committee on the Judiciary in no way
signals that the legislature intends to legalize marijuana for
other than medicinal purposes.  Your Committee strongly suggests
that, should marijuana be legalized for medicinal purposes, every
effort should be made to partner with existing national research
efforts studying the efficacy of using marijuana for treating the
terminally ill and those with debilitating medical conditions.
In addition, your Committee also suggests that the Committee on
Judiciary examine the positive and negative aspects of replacing
the current definition of marijuana with that of "cannabis".

     Your Committee further wishes to note the scholarly
dissertation submitted as testimony in favor of this measure from
Professor Richard S. Miller, Emeritus Professor of Law, William
S. Richardson School of Law, University of Hawaii.  He makes a
cogent legal argument that "medical use of cannabis is evidently
permitted under Hawaii law under certain circumstances.  S.B.
No. 862 will not establish any new legal rights, but will make
existing Hawaii law and legal rights effective!"  Professor
Miller bases his argument on the "choice of evils" defense to
justify an act that would otherwise be a crime in order to avoid
a consequence that would be more harmful than the crime itself.
Your Committee wishes to thank Professor Miller for his
insightful legal perspective.

     Your Committee has amended this measure on the
recommendation of Professor Miller to add a provision to clarify
that a failure of a physician to provide written documentation
does not subject the physician to a civil, criminal, or licensure
action.  Technical, nonsubstantive amendments also were made.

     As affirmed by the record of votes of the members of your
Committee on Health and Human Services that is attached to this
report, your Committee is in accord with the intent and purpose
of S.B. No. 862, as amended herein, and recommends that it pass
Second Reading in the form attached hereto as S.B. No. 862,
S.D. 1, and be referred to the Committee on Judiciary.


 
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                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Health and Human
                                   Services,



                                   ______________________________
                                   SUZANNE CHUN OAKLAND, Chair

 
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