STAND. COM. REP. NO. 573

Honolulu, Hawaii

RE:    S.B. No. 40

       S.D. 2

Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2011

State of Hawaii

Sir:

     Your Committee on Judiciary and Labor, to which was referred S.B. No. 40, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO PSEUDOEPHEDRINE,"

begs leave to report as follows:

     The purpose of this measure is to reclassify pseudoephedrine as a schedule V drug, which may only be dispensed with a prescription, with certain exceptions, and to require retail sellers of drugs containing pseudoephedrine to remove these drugs from their over-the-counter inventories no later than July 1, 2011.  The intent of this measure is to further control access to pseudoephedrine in an effort to help limit the use of pseudoephedrine in the illegal manufacturing and sale of methamphetamine.

     Your Committee received testimony in support of this measure from the Department of Public Safety; the Department of the Prosecuting Attorney, City and County of Honolulu; and two individuals.  Your Committee received testimony in opposition to this measure from the Hawaii Food Industry Association.  Your Committee received comments on this measure from the Legislative Information Services of Hawaii.

     Your Committee finds that reclassifying pseudoephedrine as a schedule V drug allows the drug to be regulated as a prescription drug rather than an over-the-counter drug that is easily accessible to methamphetamine manufacturers.  Your Committee also finds that by classifying pseudoephedrine as a schedule V drug, it will be subject to registration, labeling, identification, and record keeping requirements, allowing the State to better track its disbursement.  

     Your Committee has amended this measure by:

     (1)  Replacing the term "schedule V" with the term "pseudoephedrine" where added clarity is needed; and

     (2)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

     As affirmed by the record of votes of the members of your Committee on Judiciary and Labor that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 40, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 40, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary and Labor,

____________________________

CLAYTON HEE, Chair