HOUSE OF REPRESENTATIVES

H.R. NO.

67

TWENTY-FIFTH LEGISLATURE, 2009

H.D. 1

STATE OF HAWAII

 

 

 

 

 

HOUSE RESOLUTION

 

 

URGING STATE AND LOCAL LAW ENFORCEMENT OFFICERS TO ABIDE BY STATE LAWS RELATING TO THE MEDICAL USE OF CANNABIS.

 

 

 


     WHEREAS, the legislative intent of Act 228, Session Laws of 2000, was to ensure that seriously ill people are not penalized by the State for the medical use of cannabis; and

 

     WHEREAS, Act 228, which is codified in part IX of Chapter 329, Hawaii Revised Statutes (HRS), permits qualified patients to use cannabis for strictly medical purposes when the patient's treating physician provides a professional opinion that the benefits of the medical use of cannabis would likely outweigh the health risks for the qualifying patient; and

 

     WHEREAS, section 329-122, HRS, permits qualifying patients and their primary caregivers to mutually possess an amount of cannabis that is not more than is reasonably necessary to assure the uninterrupted availability of cannabis for the purpose of alleviating the symptoms or effects of a qualifying patient's debilitating medical condition; provided that this amount does not exceed three mature cannabis plants, four immature cannabis plants, and one ounce of usable cannabis per each mature plant; and

 

     WHEREAS, it is often difficult for qualifying patients to acquire and cultivate cannabis for medical use; and

 

     WHEREAS, since the enactment of Act 228, state and local law enforcement agencies have authorized and conducted searches of qualifying patients' property and seized supplies of medical cannabis that state law permits qualifying patients to possess and use; now, therefore,

 

     BE IT RESOLVED by the House of Representatives of the Twenty-fifth Legislature of the State of Hawaii, Regular Session of 2009, that state and local law enforcement officers are urged to abide by state laws regarding the medical use of cannabis; and
     BE IT FURTHER RESOLVED that the Attorney General is requested to look into the benefits of transferring the program that deals with medical cannabis from the Department of Public Safety to the Department of Health; and

 

     BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Governor, Director of Public Safety, state Attorney General, Director of Health, and the police departments of the counties of Maui, Kauai, and Hawaii, and the City and County of Honolulu.

 

 

 

Report Title: 

Medical Marijuana