STAND. COM. REP. NO. 440
Honolulu, Hawaii
, 2001
RE: S.B. No. 1182
S.D. 1
Honorable Robert Bunda
President of the Senate
Twenty-First State Legislature
Regular Session of 2001
State of Hawaii
Sir:
Your Committees on Health and Human Services and Judiciary, to which was referred S.B. No. 1182 entitled:
"A BILL FOR AN ACT RELATING TO CONTROLLED SUBSTANCES,"
beg leave to report as follows:
The purpose of this measure is to clarify the medical use of marijuana law.
Your Committees received testimony in support of this measure from the Department of Health (DOH), Department of Public Safety (PSD), Honolulu Prosecuting Attorney, Honolulu Police Department, Honolulu Human Resources Department, and Out of Prison Services. Testimony in opposition was received from the American Civil Liberties Union, Drug Policy Forum of Hawaii, Citizens Advocating Responsible Education, and three private citizens. One private citizen submitted comments.
Act 228, Session Laws of Hawaii (SLH) 2000, legalized the medical use of marijuana. This measure clarifies provisions in that law to enable the PSD to effectively carry out its duties of processing registrations and ensuring that the patient's medical history warrants a medical use. This measure also clarifies where marijuana intended for medical use can be grown and makes an appropriation to implement Act 228, SLH 2000.
Your Committees view this measure as an ongoing discussion for now, with a finalized measure to be produced before this session's end. Your Committees pass this measure with a view towards revisiting it, or any similar measure, later this session. Although the medical marijuana law was passed just last year, this measure facilitates the administration of that original enactment.
Your Committees have amended this measure by:
(1) Clarifying the definition of "debilitating medical condition" on the recommendation of the DOH by deleting reference to any other medical condition approved by the department;
(2) Requiring the PSD to provide a monthly list to the police departments of each county of names of registered persons for purposes of identification, so that the PSD does not have to hire a 24-hour person to answer the phone;
(3) Deleting the appropriation to the PSD to hire a clerk; and
(4) Making technical, nonsubstantive amendments for proper drafting style.
As affirmed by the records of votes of the members of your Committees on Health and Human Services and Judiciary that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 1182, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 1182, S.D. 1, and be referred to the Committee on Ways and Means.
Respectfully submitted on behalf of the members of the Committees on Health and Human Services and Judiciary,
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____________________________ BRIAN KANNO, Chair |
____________________________ DAVID MATSUURA, Chair |
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