SB1058 HD1.DOC

PART I

SECTION 1. (a) The attorney general shall coordinate a review of the impact that diversion of minor drug possession offenders into drug treatment would have on the criminal justice system, drug treatment program resources, and public safety. For purposes of this review:

(1) "Diversion" means placement of the offender into drug treatment either in lieu of charging the offender or allowing the offender to plead to a misdemeanor and be placed in treatment in lieu of imprisonment; and

(2) "Minor drug possession offenders" means those accused of felony marijuana possession offenses of any grade and class B or C felony possession offenses involving other drugs.

(b) The review required by subsection (a) shall address the following issues:

(1) The number of offenders that could be diverted if diversion occurred before charging and the number that could be diverted post-charging;

(2) The effect of diversion on law enforcement, prosecution, judicial, and correctional resources;

(3) The type, cost, and availability of treatment services that would be needed under a diversion program; and

(4) The impact on public safety of diverting minor drug possession offenders and whether the impact could be reduced by, for example, excluding offenders with a history of violent offenses.

(c) The attorney general shall conduct the review required by subsection (a) in consultation with and using the problem-solving abilities of a broad range of public and private stakeholders, including:

(1) Police;

(2) Prosecutors;

(3) Judges and other court officials;

(4) Corrections administrators;

(5) Public health experts;

(6) Drug treatment providers;

(7) Legal service providers;

(8) A representative of the office of the public defender;

(9) A representative of the American Civil Liberties Union of Hawaii;

(10) A representative of a community advocacy group with at least fifteen years of experience, research, and statistical data to provide to the attorney general; and

(11) A criminologist or researcher who can analyze the most current statistical data.

SECTION 2. The attorney general shall submit a report of findings and recommendations regarding the review required by this Act no later than twenty days prior to the convening of the regular session of 2010.

Part II

SECTION 3. (a) There is established within the department of public safety for administrative purposes a medical marijuana task force. The purpose of the medical marijuana task force shall be to review issues relating to the medical marijuana program. The director of public safety shall be responsible for administering the work of the medical marijuana task force and submitting a report to the legislature. The medical marijuana task force shall:

(1) Examine current state statutes, state administrative rules, and all county policies and procedures relating to the medical marijuana program;

(2) Examine all issues and obstacles that qualifying patients have encountered with the medical marijuana program;

(3) Examine all issue and obstacles that state and county law enforcement agencies have encountered with the medical marijuana program;

(4) Compare and contrast Hawaii's medical marijuana program with all other state medical marijuana programs; and

(5) Address other issues and perform any other function necessary as the task force deems appropriate, relating to the medical marijuana program.

(b) The members of the medical marijuana task force shall consist of eight members as follows:

(1) The director of public safety or the director's designee;

(2) The director of health or the director's designee;

(3) The director of transportation or the director's designee;

(4) The attorney general or the attorney general's designee;

(5) The president of the Hawaii State Bar Association or the president's designee;

(6) The president of the Drug Policy Forum of Hawaii or the president's designee;

(7) One patient advocate to be appointed by the governor; and

(8) A prescribing physician as designated by the board of medical examiners established under chapter 453, Hawaii Revised Statutes.

(c) The medical marijuana task force shall submit a report of its findings and recommendations, including any proposed legislation and rules, no later than twenty days prior to the convening of the regular session of 2010.

(d) The medical marijuana task force shall cease to exist on June 30, 2010.

Part III

SECTION 4. (a) The legislature finds that salvia divinorum, otherwise known as "diviner's sage" or "magic mint," is not regulated in Hawaii. The legislature further notes that several countries, such as Australia, Belgium, Denmark, Estonia, Finland, Italy, Japan, Spain, and Sweden have passed regulatory laws on salvia divinorum or its primary psychoactive constituent, salvinorin A. In the United States, California, Delaware, Florida, Illinois, Iowa, Kansas, Louisiana, Maine, Michigan, Mississippi, Missouri, New Jersey, North Dakota, Ohio, Oklahoma, Pennsylvania, South Carolina, Tennessee, and Virginia regulate salvia divinorum, with approaches ranging from classification as a Schedule I controlled substance to placing restrictions on its sale. The legislature finds that possible regulation of salvia divinorum and its primary psychoactive constituent, salvinorin A, is worthy of formal examination by the State.

(b) There is established within the department of public safety for administrative purposes a salvia divinorum task force. The purpose of the salvia divinorum task force shall be to review the effects of salvia divinorum and its primary psychoactive constituent, salvinorin A. The director of public safety shall be responsible for administering the work of the salvia divinorum task force and submitting a report to the legislature. The salvia divinorum task force shall:

(1) Research the uses and effects of salvia divinorum and salvinorin A on adults and minors;

(2) Research all other states' legislation relating to salvia divinorum and salvinorin A;

(3) Recommend appropriate legislation resulting from its findings to address the sale and use of salvia divinorum and salvinorin A in Hawaii; and

(4) Address other issues and perform any other function necessary as the task force deems appropriate, relating to salvia divinorum or salvinorin A.

(1) The director of public safety or the director's designee;

(2) The director of health or the director's designee;

(3) The administrative director of the judiciary or the administrative director's designee;

(4) The attorney general or the attorney general's designee;

(5) The president of the Hawaii State Bar Association or the president's designee; and

(6) The president of the Drug Policy Forum of Hawaii or the president's designee.

(d) The salvia divinorum task force shall submit a report of its findings and recommendations, including any proposed legislation and rules, no later than twenty days prior to the convening of the regular session of 2010.

(e) The salvia divinorum task force shall cease to exist on June 30, 2010.

PART IV

SECTION 5. This Act shall take effect on January 1, 2046.

THE SENATE	S.B. NO.	1058
TWENTY-FIFTH LEGISLATURE, 2009		S.D. 2
STATE OF HAWAII		H.D. 1