STAND

STAND. COM. REP. 2848

Honolulu, Hawaii

, 2004

RE: S.B. No. 2641

S.D. 2

Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Ways and Means, to which was referred S.B. No. 2641, S.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 transfer administration of the State's medical marijuana program from the Department of Public Safety to the Department of Health.

This measure also makes changes to the program as follows:

(1) Establishes a procedure by which medical conditions may be added to the list of "debilitating medical conditions" for which a qualifying patient may use marijuana;

(2) Amends the definition of "adequate supply" of marijuana by increasing the amount from four to seven marijuana plants and from one to three ounces of marijuana; and

(3) Permits only those physicians who have medically examined and assessed the medical history and current medical condition of the patient in the course of a bona fide physician-patient relationship to certify a patient seeking to register for the medical use of marijuana; and

(4) Clarifies the procedure by which a patient may seek certification to use marijuana and to register for its use thereafter.

Your Committee finds 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 maintained by the department of agriculture. These departments also work in conjunction with their departments of public safety, allowing access to the patient registry if verification becomes necessary.

Your Committee further finds that administration by the Department of Health 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 seek protection under this law will be less intimidated by the prospect of registering with the department of health and will more likely come forward to be registered.

Your Committee has amended this measure by:

(1) Requiring that all funds, records, and equipment used by the Department of Public Safety to administer the medical marijuana program be transferred to the Department of Health;

(2) Continuing in full force and effect those administrative rules adopted by the Department of Public Safety as necessary to implement the medical marijuana program until the Department of Health adopts its own rules pursuant to chapter 91, Hawaii Revised Statutes; and

(3) Making technical, nonsubstantive changes.

As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2641, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 2641, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Ways and Means,

		____________________________ BRIAN T. TANIGUCHI, Chair