Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 321, H.D. 1, S.D. 1, entitled:

begs leave to report as follows:

The purposes of this measure are to allow the Department of Public Safety (PSD) to disclose investigative information to registered pharmacists, relating to a violation of the Controlled Substances Act, and to make clarifying amendments to the medical use of Marijuana law.

Your Committee received written testimony in support of this measure from the PSD, Department of Health, Honolulu Prosecuting Attorney, and Honolulu Human Resources Department. Testimony in opposition was received from the American Civil Liberties Union of Hawaii.

Your Committee finds that allowing the PSD to share controlled substance prescription information with the pharmacist, will assist pharmacists in making informed decisions as to whether or not to fill a questionable prescription for a person that the pharmacist suspects may be attempting to fraudulently obtain a controlled substance.

With respect to the medical use of marijuana law, this measure:

Your committee finds that these changes to the medical use of marijuana law which was enacted last year, are intended to facilitate its implementation. However, your Committee has amended this measure on the recommendation of the PSD by deleting the requirement that the PSD provide a monthly list of qualifying patients to the police chiefs, because of concerns of privacy of medical records.

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 H.B. No. 321, H.D. 1, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 321, H.D. 1, S.D. 2.