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HOUSE OF REPRESENTATIVES |
H.R. NO. |
89 |
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TWENTY-FIFTH LEGISLATURE, 2009 |
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STATE OF HAWAII |
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HOUSE RESOLUTION
REQUESTING THE DEPARTMENT OF PUBLIC SAFETY TO ASSESS MARIJUANA TO DETERMINE WHETHER IT MAY BE RECLASSIFIED iN THE SCHEDULE of CONTROLLED SUBSTANCES.
WHEREAS, Act 228, Session Laws of 2000, amended state law to allow qualifying patients to use marijuana for medical purposes when the patient's treating physician provides a professional opinion that the benefits of the medical use of marijuana would likely outweigh the health risks for the qualifying patient; and
WHEREAS, in enacting Act 228, the Legislature found that modern medical research has discovered a beneficial use for marijuana in treating or alleviating the pain or other symptoms associated with certain debilitating illnesses, and that there is sufficient medical and anecdotal evidence to support the proposition that these diseases and conditions may respond favorably to a medically controlled use of marijuana; and
WHEREAS, the legislative intent of Act 228 is to ensure that seriously ill people are not penalized by the State for the use of marijuana for strictly medical purposes, when it is used in accordance with state law; and
WHEREAS, despite the Legislature's recognition of the possible medical benefits of marijuana, it continues to be designated as a substance that has the highest degree of danger or probable danger, as it is listed as a Schedule I drug in section 329-14, Hawaii Revised Statutes; and
WHEREAS, the Department of Public Safety is authorized to make determinations regarding the proper classification of a substance by assessing the degree of danger or probable danger of the substance by considering factors enumerated in section 329-11(a), Hawaii Revised Statutes; and
WHEREAS, after considering the factors enumerated in section 329-11(b), Hawaii Revised Statutes, the Department of Public Safety makes recommendations to the Legislature, specifying to what schedule the substance should be added, deleted, or rescheduled, if it finds the substance has a degree of danger or probable danger; 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 the Department of Public Safety is requested to assess the degree of danger or probable danger of marijuana, in accordance with section 329-11(a), Hawaii Revised Statutes; and
BE IT FURTHER RESOLVED that the Department of Public Safety is requested to make a recommendation in accordance with its assessment and obligations pursuant to section 329-11(b), Hawaii Revised Statutes; and
BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Governor and the Director of Public Safety.
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OFFERED BY: |
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Controlled Substances; Classification; Marijuana