STAND. COM. REP. NO. 1402-22

Honolulu, Hawaii

, 2022

RE: S.B. No. 3141

S.D. 1

H.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-First State Legislature

Regular Session of 2022

State of Hawaii

Sir:

Your Committee on Consumer Protection & Commerce, to which was referred S.B. No. 3141, S.D. 1, entitled:

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

begs leave to report as follows:

The purpose of this measure is to update the Uniform Controlled Substances Act to make it consistent with the federal Controlled Substances Act.

Your Committee received testimony in support of this measure from the Department of Public Safety.

Your Committee finds that Hawaii's Uniform Controlled Substances Act provides that if a substance is added, deleted, or rescheduled by an emergency scheduling action taken by the Department of Public Safety or under federal law, then the Department of Public Safety must recommend to the Legislature to make the corresponding changes in Hawaii law. In 2021, the Department of Public Safety temporarily designated many new controlled substances pursuant to this law, which are listed in this measure. Your Committee further finds that this measure amends the Uniform Controlled Substances Act to mirror recent changes to the federal Controlled Substances Act, thereby eliminating differences between federal and state law and avoiding nullification of the controlled substances that were temporarily designated in 2021.

Your Committee has amended this measure by:

(1) Changing the effective date to January 1, 2050, to encourage further discussion; and

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

As affirmed by the record of votes of the members of your Committee on Consumer Protection & Commerce that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 3141, S.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 3141, S.D. 1, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committee on Consumer Protection & Commerce,

____________________________

AARON LING JOHANSON, Chair