STAND. COM. REP. NO. 2842

Honolulu, Hawaii

RE: S.B. No. 3141

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-First State Legislature

Regular Session of 2022

State of Hawaii

Sir:

Your Committee on Judiciary, 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 and intent of this measure is to update the Uniform Controlled Substances Act, chapter 329, Hawaii Revised Statutes, to make it consistent with amendments in federal controlled substances law as required by section 329-11, Hawaii Revised Statutes.

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

Your Committee finds that section 329-11, Hawaii Revised Statutes, 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 shall 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 section 329-11, Hawaii Revised Statutes, and those substances are listed in this measure. Your Committee further finds that this measure amends chapter 329, Hawaii Revised Statutes, 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. This measure will prevent the nullification of the Department of Public Safety's temporary designation of new controlled substances by updating chapter 329, Hawaii Revised Statutes, to incorporate amendments made to the federal Controlled Substances Act.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 3141, S.D. 1, and recommends that it pass Third Reading.

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

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KARL RHOADS, Chair