HOUSE OF REPRESENTATIVES	H.C.R. NO.	147
THIRTY-FIRST LEGISLATURE, 2022
STATE OF HAWAII

HOUSE CONCURRENT

RESOLUTION

REQUESTING THAT THE DRUG ENFORCEMENT ADMINISTRATION ASSIST THE HAWAII DEPARTMENT OF HEALTH WITH OBTAINING A FEDERAL EXEMPTION FOR THE STATE AUTHORIZED USE OF CANNABIS IN HAWAII.

WHEREAS, the ongoing conflict between the state and federal regulation of cannabis is causing devastating consequences for Hawaii’s lawfully registered medical cannabis patients and licensed dispensaries; and

WHEREAS, both chambers of the Legislature addressed this conflict during the 2021 Regular Session by unanimously adopting House Concurrent Resolution 132 (HCR132), which asks the Hawaii Department of Health to file a federal exemption application for the state authorized use of cannabis in Hawaii with the Drug Enforcement Administration; and

WHEREAS, the Department of Health has resisted moving forward with this request because it fears that doing so might result in negative repercussions for the State’s medical cannabis program; and

WHEREAS, states have reserved the authority to decide how cannabis is regulated within the state, and the ongoing federal appropriations rider known as the Rohrabacher-Farr Amendment prevents the Department of Justice and the Drug Enforcement Administration from using resources to interfere with state medical cannabis programs; now, therefore,

BE IT RESOLVED by the House of Representatives of the Thirty-first Legislature of the State of Hawaii, Regular Session of 2022, the Senate concurring, that the Drug Enforcement Administration is requested to assist the Hawaii Department of Health with obtaining a federal exemption for the state authorized use of cannabis in Hawaii under 21 CFR 1307.03 and 21 CFR 1308.43; and

BE IT FURTHER RESOLVED that certified copies of this concurrent resolution be transmitted to the U.S. Administrator of the Drug Enforcement Administration, members of the Hawaii Congressional Delegation, U.S. Attorney General, Hawaii Attorney General, Hawaii State Governor, and the Hawaii State Director of Health.

OFFERED BY:

_____________________________

Report Title:

Medical Cannabis; Drug Enforcement Administration; Federal Exemption