STAND. COM. REP. 3056

Honolulu, Hawaii

, 2004

RE: H.B. No. 2206

H.D. 1

S.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred H.B. No. 2206, H.D. 1, entitled:

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

begs leave to report as follows:

The purpose of this measure is to update the controlled substance list, allow the Department of Public Safety to adopt rules to temporarily amend regulated list 1 and 2 of chemicals pending a subsequent legislative session, and add gamma hydroxybutyric acid to the list of depressants and defines it as a dangerous and harmful drug.

Testimony in support of this measure was submitted by the Department of Public Safety, Hawaii Food Industry Association, and Legislative Information Services of Hawaii. Comments were also submitted by Orphan Medical.

Your Committee adopted the amendments suggested by the Department of Public Safety to:

(1) Reinsert the chemicals red phosphorus, white phosphorus, iodine crystals, and acetic anhydride as substances subject to reporting;

(2) Add a new section to chapter 329, Hawaii Revised Statutes (HRS), that provides requirements when selling specific chemicals; and

(3) Add a new section to chapter 329, HRS, that provides requirements for adopting rules for charging fees relating to the registration and control of the sale, distribution, and possession of chemicals regulated under part VI of chapter 329, HRS.

Your Committee finds that this measure, as amended:

(1) Continues the effort to battle illegal drugs in Hawaii, by requiring that chemicals such as iodine, red phosphorus, and white phosphorus be monitored closely because they are essential ingredients for manufacturing methamphetamines;

(2) Improves monitoring by requiring manufacturers, wholesalers, or retailers to limit the quantity of specific chemicals sold to individuals that do not have regulated-chemical permits or specific businesses that utilize the chemicals for lawful purposes;

(3) Updates the list of controlled substances to conform with the federal updates to Schedule III controlled substances by:

(a) Adding xyrem, which contains gamma-hydroxybutyric acid (GHB); and

(b) Expanding the definition of ketamine to include its "salts, isomers, and salts of isomers";

(4) Allows the Department of Public Safety to adopt rules to add or delete regulated chemicals from list 1 and 2 in accord with alterations made on the federal list of chemicals, with the changes valid only until the next legislative session, when the changes must be codified to remain on or off the list; and

(5) Addresses law enforcement concerns that the Schedule III controlled substance xyrem, which contains GHB, a Schedule I controlled substance, will be classified as a "dangerous drug" when obtained or used unlawfully.

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. 2206, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2206, H.D. 1, S.D. 1, and be placed on the calendar for Third Reading.

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

____________________________

COLLEEN HANABUSA, Chair