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THE SENATE |
S.C.R. NO. |
55 |
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TWENTY-FIFTH LEGISLATURE, 2009 |
S.D. 1 |
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STATE OF HAWAII |
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SENATE CONCURRENT
RESOLUTION
REQUESTING STATE AND LOCAL LAW ENFORCEMENT OFFICERS TO ABIDE BY STATE LAWS RELATING TO THE MEDICAL USE OF MARIJUANA.
WHEREAS, the legislative intent of Act 228, Session Laws of Hawaii 2000, was to ensure that seriously ill people are not penalized by the State for the prescribed medical use of marijuana; and
WHEREAS, Act 228, which is codified in part IX of chapter 329, Hawaii Revised Statutes, permits qualified patients to use marijuana for strictly 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, section 329-122, Hawaii Revised Statutes, permits qualifying patients and their primary caregivers to jointly possess an amount of marijuana that is not more than is reasonably necessary to assure the uninterrupted availability of marijuana 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 marijuana plants, four immature marijuana plants, and one ounce of usable marijuana per each mature plant; and
WHEREAS, it is often difficult for qualifying patients to acquire and cultivate marijuana 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 marijuana that State law permits qualifying patients to possess and use; now, therefore,
BE IT RESOLVED by the Senate of the Twenty-fifth Legislature of the State of Hawaii, Regular Session of 2009, the House of Representatives concurring, that state and local law enforcement officers are urged to abide by state laws regarding the medical use of marijuana; and
BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Governor, the Director of Public Safety, the State Attorney General, and the police departments of the Counties of Oahu, Maui, Kauai, and Hawaii.
Medical Marijuana