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HOUSE OF REPRESENTATIVES |
H.R. NO. |
199 |
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TWENTY-FOURTH LEGISLATURE, 2008 |
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STATE OF HAWAII |
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HOUSE RESOLUTION
DECLARING THAT THE LAWFULLY ENACTED STATE SOCIAL POLICIES OF THE TWELVE STATES THAT HAVE ENACTED STATE LAWS TO AUTHORIZE THE MEDICAL USE OF MARIJUANA, AND THE ACTIONS OF THOSE LAWFULLY CONFORMING TO THOSE STATE LAWS BY THE USE OF MEDICAL MARIJUANA SHALL NOT BE ENJOINED.
WHEREAS, by prohibiting seriously ill persons from using cannabis in states that have approved such use, the Controlled Substances Act, Title II of the Comprehensive Drug Abuse Prevention and Control Act of 1970, interferes with the rights reserved to the states by the Ninth Amendment of the United States Constitution to enact and implement laws protecting the health, safety, and welfare of their citizens; and
WHEREAS, the Controlled Substances Act also violates traditional notions of state sovereignty protected by the Tenth Amendment of the United States Constitution; and
WHEREAS, much time has passed since 1970 when the Controlled Substances Act first classified marijuana as a Schedule I drug, including the emergence of the AIDS epidemic and the accumulation of solid scientific evidence that marijuana can relieve the suffering of those afflicted by certain types of illness, including glaucoma, multiple sclerosis, spasticity, severe pain, and nausea induced by the drugs used in chemotherapy and in the treatment of AIDS; and
WHEREAS, since 1996, twelve states have enacted laws to authorize the use of medical marijuana only for medical purposes; these states do not legalize the general use of marijuana; and
WHEREAS, the controversy surrounding state-authorized medical use of marijuana has nothing to do with the war on drugs, but is a fundamental concept in a state's right to enact regulations for the health and welfare of its citizens; now, therefore,
BE IT RESOLVED by the House of Representatives of the Twenty-fourth Legislature of the State of Hawaii, Regular Session of 2008, that this body declares that the lawfully enacted state social policies of the twelve states that have enacted state laws to authorize the medical use of marijuana, and the actions of those individuals who lawfully conform to those state laws in their use of medical marijuana, shall not be enjoined; and
BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Governor, the Governors of the states of Alaska, California, Colorado, Maine, Montana, Nevada, New Mexico, Oregon, Rhode Island, Vermont, and Washington, and members of Hawaii's congressional delegation.
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OFFERED BY: |
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Medical Marijuana; State Actions Not to be Enjoined