CONFERENCE COMMITTEE REP. NO. 154-16

Honolulu, Hawaii

                 , 2016

RE:    S.B. No. 2915

       S.D. 2

       H.D. 1

       C.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Eighth State Legislature

Regular Session of 2016

State of Hawaii

Honorable Joseph M. Souki

Speaker, House of Representatives

Twenty-Eighth State Legislature

Regular Session of 2016

State of Hawaii

Sirs:

     Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 2915, S.D. 2, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO THE UNIFORM CONTROLLED SUBSTANCES ACT,"

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

     The purpose of this measure is to update the Uniform Controlled Substances Act for consistency with amendments in federal law, as required by section 329-11, Hawaii Revised Statutes.

     Your Committee on Conference finds that drug scheduling in Hawaii is generally kept in accordance with federal standards.  Federal standards change as new chemical compounds are developed and cataloged by law enforcement.  Additionally, Hawaii has unique needs stemming from state initiatives and programs such as the electronic prescription accountability system and the medical marijuana program.  Developments on the federal and state level require an update to the drug scheduling statutes in Hawaii.

     Your Committee on Conference has amended this measure by:

     (1)  Adding a Code of Federal Regulations reference that relates to controlled substance registration to the definition of "reverse distributor" in section 329-1, Hawaii Revised Statutes;

     (2)  Reinstating a provision in section 329-33(c), Hawaii Revised Statutes, that allows federally registered practitioners to conduct research with schedule I substances within this State upon furnishing evidence of registration;

     (3)  Adding exceptions to the prohibition on the prescription or dispensing of a schedule II narcotic controlled substance for more than thirty days under certain circumstances;

     (4)  Deleting language that would have required administrative fines collected for violations of chapter 329, Hawaii Revised Statutes, to be deposited into the controlled substance registration revolving fund rather than the general fund;

     (5)  Deleting language that would have repealed section 329‑31.5, Hawaii Revised Statutes, which requires qualifying clinics to register under chapter 329, Hawaii Revised Statutes;

     (6)  Changing the effective date to July 1, 2016; and

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

     As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of S.B. No. 2915, S.D. 2, H.D. 1, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 2915, S.D. 2, H.D. 1, C.D. 1.

Respectfully submitted on behalf of the managers:

ON THE PART OF THE HOUSE

ON THE PART OF THE SENATE

______________________________ DELLA AU BELATTI, Co-Chair	____________________________ CLARENCE K. NISHIHARA, Chair
______________________________ KARL RHOADS, Co-Chair	____________________________ ROSALYN H. BAKER, Co-Chair
______________________________ JAMES KUNANE TOKIOKA, Co-Chair	____________________________ BRICKWOOD GALUTERIA, Co-Chair