Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committees on Health and Judiciary and Hawaiian Affairs, to which was referred S.B. No. 2641 entitled:

beg leave to report as follows:

The purpose of this measure is to transfer administration of the State's medical marijuana program from the Department of Public Safety (DPS) to the Department of Health (DOH).

This measure also changes certain definitions and procedures to make the program more efficient and easier for seriously ill patients.

Testimony in support of this measure was received from Harm Reduction Hawaii, Effective Change, LLC, Drug Policy Forum, Drug Policy Action Group, Life Foundation, and thirteen individuals. Testimony in opposition was received from the DOH and the DPS.

Your Committees find that the legal use of marijuana as a therapeutic medicine is a health issue, rather than a public safety issue. The seven other states allowing the use of medical marijuana do so through their departments of health, except for Nevada whose program registry is with the department of agriculture. These departments also work in conjunction with their departments of public safety, allowing access to the patient registry should verification be required.

Your Committees further find that administration by the DOH will allow severely ill patients better access to compassionate care and a broader range of physician assistance, without compromising the level of oversight that is needed. Patients who require protection by this law will not be intimidated by the prospect of dealing with the narcotics enforcement division, as they currently must do, and will come forward to be registered.

Your Committees have amended this measure by:

(2) Making technical, nonsubstantive changes.

As affirmed by the records of votes of the members of your Committees on Health and Judiciary and Hawaiian Affairs that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 2641, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 2641, S.D. 1, and be referred to the Committee on Ways and Means.