Hawaii House Bill HCR147

Hawaii 2022 Regular Session

• Introduced: 3/11/22
• Refer: 3/14/22

Caption

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.

Impact

If passed, HCR147 aims to address the regulatory challenges faced by Hawaii’s medical cannabis patients and licensed dispensaries. The resolution highlights how the current federal stance creates ambiguity and challenges for state-regulated cannabis use, which may lead to adverse outcomes for patients who legally rely on these services. By obtaining a federal exemption, the state hopes to clarify its position regarding medical cannabis, allowing better protection for patients and operating dispensaries, and affirming states’ rights to regulate cannabis independently of federal prohibitions.

Summary

HCR147 is a House Concurrent Resolution introduced in the 2022 session of the Hawaii Legislature, which seeks assistance from the Drug Enforcement Administration (DEA) for the Hawaii Department of Health. The resolution emphasizes the ongoing conflict between state and federal regulations concerning cannabis. It specifically requests that the DEA help facilitate a federal exemption that would recognize the state-authorized use of cannabis under federal law. This request aligns with previous legislative efforts, notably House Concurrent Resolution 132 from the 2021 Regular Session, which sought a federal exemption but met resistance from the Department of Health due to concerns over potential repercussions for the existing medical cannabis program in Hawaii.

Contention

Notably, the resolution points out the complications arising from the federal Rohrabacher-Farr Amendment, which restricts the Department of Justice and DEA from interfering with state medical cannabis programs. However, despite protections provided by this amendment, the Hawaii Department of Health has expressed hesitations about advocating for a federal exemption, fearing that such action might jeopardize the state's medical cannabis framework. This dilemma highlights the broader debate about state versus federal regulatory powers regarding cannabis and the ongoing political complexities involved.