Hawaii 2022 Regular Session

Hawaii House Bill HB867 Compare Versions

Only one version of the bill is available at this time.

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1	1	HOUSE OF REPRESENTATIVES H.B. NO. 867 THIRTY-FIRST LEGISLATURE, 2021 STATE OF HAWAII A BILL FOR AN ACT relating to controlled substances. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	HOUSE OF REPRESENTATIVES H.B. NO. 867
4	4	THIRTY-FIRST LEGISLATURE, 2021
5	5	STATE OF HAWAII
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7	7	HOUSE OF REPRESENTATIVES
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9	9	H.B. NO.
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13	13	THIRTY-FIRST LEGISLATURE, 2021
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17	17	STATE OF HAWAII
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31	31	A BILL FOR AN ACT
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37	37	relating to controlled substances.
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43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47	47	SECTION 1. The legislature finds that Hawaii has authorized the use of cannabis for certain purposes, and that the United States Department of Justice and the Drug Enforcement Administration have never challenged the legality of such use. The legislature further finds that citizens using cannabis for authorized purposes under chapter 329, Hawaii Revised Statutes, are exempt from the criminal penalties associated with the use of cannabis as a schedule I substance under state law. The legislature additionally finds that the international drug treaties to which the United States is signatory, the Single Convention on Narcotic Drugs and the Convention on Psychotropic Substances, both contain exemptions for the authorized use of controlled substances under domestic law. The legislature also finds that administrative procedures already exist for obtaining a federal exemption for the state authorized use of a controlled substance. The legislature further finds that adults who require the medicinal or therapeutic effects of cannabis are being hampered in acquiring supply or traveling freely with their medicine due to a lack of federal exemption. Accordingly, the purpose of this Act is to require the department of health to submit an application and a petition for federal exemptions for the state authorized use of cannabis in Hawaii from the Drug Enforcement Administration under title 21 Code of Federal Regulations sections 1307.03 and 1308.43. SECTION 2. The department of health shall submit to the administrator of the United States Department of Justice, Drug Enforcement Administration, Diversion Control Division: (1) An application for immediate relief pursuant to title 21 Code of Federal Regulations section 1307.03 to the Office of Diversion Control. This application shall state that part IX of chapter 329, Hawaii Revised Statutes, and chapter 329D, Hawaii Revised Statutes, create an exemption from federal drug laws and do not create any positive conflict pursuant to title 21 United States Code Annotated section 903; and that the federal scheduling of marijuana does not apply to the state authorized use of cannabis. The application shall also include a proposed rule containing the following: "The listing of marijuana as a controlled substance does not apply to the state authorized use of marijuana, and persons using marijuana in compliance with state law are exempt from registration"; and (2) A petition for permanent relief pursuant to title 21 Code of Federal Regulations section 1308.43. This petition shall state that part IX of chapter 329, Hawaii Revised Statutes, and chapter 329D, Hawaii Revised Statutes, create an exemption from federal drug laws and do not create any positive conflict pursuant to title 21 United States Code Annotated section 903; and that the federal scheduling of marijuana does not apply to the state authorized use of cannabis. The petition shall also include a proposed rule containing the following: "The listing of marijuana as a controlled substance does not apply to the state authorized use of marijuana, and persons using marijuana in compliance with state law are exempt from registration." SECTION 3. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________
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49	49	SECTION 1. The legislature finds that Hawaii has authorized the use of cannabis for certain purposes, and that the United States Department of Justice and the Drug Enforcement Administration have never challenged the legality of such use.
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51	51	The legislature further finds that citizens using cannabis for authorized purposes under chapter 329, Hawaii Revised Statutes, are exempt from the criminal penalties associated with the use of cannabis as a schedule I substance under state law.
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53	53	The legislature additionally finds that the international drug treaties to which the United States is signatory, the Single Convention on Narcotic Drugs and the Convention on Psychotropic Substances, both contain exemptions for the authorized use of controlled substances under domestic law.
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55	55	The legislature also finds that administrative procedures already exist for obtaining a federal exemption for the state authorized use of a controlled substance.
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57	57	The legislature further finds that adults who require the medicinal or therapeutic effects of cannabis are being hampered in acquiring supply or traveling freely with their medicine due to a lack of federal exemption.
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59	59	Accordingly, the purpose of this Act is to require the department of health to submit an application and a petition for federal exemptions for the state authorized use of cannabis in Hawaii from the Drug Enforcement Administration under title 21 Code of Federal Regulations sections 1307.03 and 1308.43.
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61	61	SECTION 2. The department of health shall submit to the administrator of the United States Department of Justice, Drug Enforcement Administration, Diversion Control Division:
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63	63	(1) An application for immediate relief pursuant to title 21 Code of Federal Regulations section 1307.03 to the Office of Diversion Control. This application shall state that part IX of chapter 329, Hawaii Revised Statutes, and chapter 329D, Hawaii Revised Statutes, create an exemption from federal drug laws and do not create any positive conflict pursuant to title 21 United States Code Annotated section 903; and that the federal scheduling of marijuana does not apply to the state authorized use of cannabis.
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65	65	The application shall also include a proposed rule containing the following:
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67	67	"The listing of marijuana as a controlled substance does not apply to the state authorized use of marijuana, and persons using marijuana in compliance with state law are exempt from registration"; and
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69	69	(2) A petition for permanent relief pursuant to title 21 Code of Federal Regulations section 1308.43. This petition shall state that part IX of chapter 329, Hawaii Revised Statutes, and chapter 329D, Hawaii Revised Statutes, create an exemption from federal drug laws and do not create any positive conflict pursuant to title 21 United States Code Annotated section 903; and that the federal scheduling of marijuana does not apply to the state authorized use of cannabis.
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71	71	The petition shall also include a proposed rule containing the following:
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73	73	"The listing of marijuana as a controlled substance does not apply to the state authorized use of marijuana, and persons using marijuana in compliance with state law are exempt from registration."
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75	75	SECTION 3. This Act shall take effect upon its approval.
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79	79	INTRODUCED BY: _____________________________
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81	81	INTRODUCED BY:
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89	89	Report Title: Department of Health; Drug Enforcement Administration; Cannabis; Exemption Description: Requires the Department of Health to submit an application and a petition for federal exemptions for the state authorized use of cannabis in Hawaii from the Drug Enforcement Administration under title 21 Code of Federal Regulations sections 1307.03 and 1308.43. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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95	95	Report Title:
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97	97	Department of Health; Drug Enforcement Administration; Cannabis; Exemption
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101	101	Description:
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103	103	Requires the Department of Health to submit an application and a petition for federal exemptions for the state authorized use of cannabis in Hawaii from the Drug Enforcement Administration under title 21 Code of Federal Regulations sections 1307.03 and 1308.43.
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111	111	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.