Hawaii 2022 Regular Session

Hawaii Senate Bill SB705 Compare Versions

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

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1	1	THE SENATE S.B. NO. 705 THIRTY-FIRST LEGISLATURE, 2021 STATE OF HAWAII A BILL FOR AN ACT RELATING TO MARIJUANA. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	THE SENATE S.B. NO. 705
4	4	THIRTY-FIRST LEGISLATURE, 2021
5	5	STATE OF HAWAII
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7	7	THE SENATE
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9	9	S.B. NO.
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11	11	705
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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 MARIJUANA.
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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 legal history of cannabis or marijuana in the United States primarily addresses the regulation of marijuana for medical use, and secondarily the use of marijuana for personal or recreational purposes. By the mid-1930s cannabis was regulated as a drug in every state, including thirty-five states that adopted the Uniform State Narcotic Drug Act, which was subsequently replaced in 1970 with the federal Uniform Controlled Substances Act that classifies marijuana and tetrahydrocannabinol as schedule I controlled substances. Notwithstanding the prospect of federal prosecution, several states, including Hawaii, have enacted medical marijuana laws. Chapter 329, part IX, Hawaii Revised Statutes, was enacted to create a medical use of marijuana exemption from criminal sanctions. As of November 4, 2020, thirty-six states and four U.S. territories also allow the use of marijuana for medicinal purposes. Furthermore, chapter 329D, Hawaii Revised Statutes, was enacted to establish medical marijuana dispensaries that were authorized to operate beginning in July 2016. As Hawaii expands its medical marijuana program through the use of highly regulated and monitored dispensaries, more patients are anticipated to consider medical marijuana as a viable treatment, knowing that the medicine will be regulated and tested. In addition to medicinal marijuana laws, some states have legalized or decriminalized marijuana. Most places that have decriminalized cannabis have civil fines, confiscation, drug education, or drug treatment in place of incarceration or criminal charges for possession of small amounts of cannabis, or have made various cannabis offenses the lowest priority for law enforcement. The jurisdictions of Alaska, Arizona, California, Colorado, Connecticut, Delaware, District of Columbia, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oregon, Rhode Island, South Dakota, Vermont, Virginia, and Washington have decriminalized marijuana in small amounts. In each of these states, marijuana users no longer face arrest or jail time for the possession or use of marijuana in an amount permitted by statute. Act 273, Session Laws of Hawaii 2019, among other things, decriminalized the possession of three grams or less of marijuana and established that possession of that amount is a violation punishable by a monetary fine of $130, beginning January 11, 2020. The legislature further finds that the decriminalization of marijuana for personal or recreational use is a natural, logical, and reasonable outgrowth of the current science of marijuana and attitude toward marijuana. In 2012, voters in Colorado voted to amend the state's constitution (Amendment 64) to legalize and regulate the production, possession, and distribution of marijuana for persons age twenty-one and older. Also in 2012, voters in Washington approved a proposition to legalize and regulate the production, possession, and distribution of cannabis for persons age twenty-one and older. Colorado became the first state to remove the prohibition on commercial production of marijuana for general use. Colorado realized state tax revenue of approximately $18,900,000 during the first half of 2014, and this revenue is expected to increase as sales of retail marijuana increase. Following Colorado and Washington's lead, Alaska, California, District of Columbia, Illinois, Maine, Massachusetts, Michigan, Nevada, Oregon, and Vermont passed legislation to also legalize and regulate the production, possession, and distribution of cannabis for persons age twenty-one and older. Several other states have followed suit in making recreational marijuana legal, and as of 2020, the number of jurisdictions in which recreational cannabis is legal has risen to fifteen states and three U.S. territories. The legislature further finds that marijuana cultivation and sales hold potential for economic development, increased tax revenues, and reduction in crime. The purpose of this Act is to: (1) Remove marijuana from schedule I of the uniform controlled substances act and reclassify it as a schedule V drug; and (2) Increase the amount that qualifies as a violation of promoting a detrimental drug in the third degree from three grams to ten grams. SECTION 2. Section 329-14, Hawaii Revised Statutes, is amended as follows: 1. By amending subsection (d) to read: "(d) Any material, compound, mixture, or preparation that contains any quantity of the following hallucinogenic substances, their salts, isomers, and salts of isomers, unless specifically excepted, whenever the existence of these salts, isomers, and salts of isomers is possible within the specific chemical designation: (1) Alpha-ethyltryptamine (AET); (2) 2,5-dimethoxy-4-ethylamphetamine (DOET); (3) 2,5-dimethoxyamphetamine (2,5-DMA); (4) 3,4-methylenedioxy amphetamine; (5) 3,4-methylenedioxymethamphetamine (MDMA); (6) N-hydroxy-3,4-methylenedioxyamphetamine (N-hydroxy-MDA); (7) 3,4-methylenedioxy-N-ethylamphetamine (MDE); (8) 5-methoxy-3,4-methylenedioxy-amphetamine; (9) 4-bromo-2,5-dimethoxy-amphetamine (4-bromo-2,5-DMA); (10) 4-Bromo-2,5-dimethoxyphenethylamine (Nexus); (11) 3,4,5-trimethoxy amphetamine; (12) Bufotenine; (13) 4-methoxyamphetamine (PMA); (14) Diethyltryptamine; (15) Dimethyltryptamine; (16) 4-methyl-2,5-dimethoxy-amphetamine; (17) Gamma hydroxybutyrate (GHB) (some other names include gamma hydroxybutyric acid; 4-hydroxybutyrate; 4-hydroxybutanoic acid; sodium oxybate; sodium oxybutyrate); (18) Ibogaine; (19) Lysergic acid diethylamide; [(20) Marijuana; (21)] (20) Parahexyl; [(22)] (21) Mescaline; [(23)] (22) Peyote; [(24)] (23) N-ethyl-3-piperidyl benzilate; [(25)] (24) N-methyl-3-piperidyl benzilate; [(26)] (25) Psilocybin; [(27)] (26) Psilocyn; [(28)] (27) 1-[1-(2-Thienyl) cyclohexyl] Pyrrolidine (TCPy); [(29)] (28) Ethylamine analog of phencyclidine (PCE); [(30)] (29) Pyrrolidine analog of phencyclidine (PCPy, PHP); [(31)] (30) Thiophene analog of phencyclidine (TPCP; TCP); [(32)] (31) Gamma-butyrolactone, including butyrolactone; butyrolactone gamma; 4-butyrolactone; 2(3H)-furanone dihydro; dihydro-2(3H)furanone; tetrahydro-2-furanone; 1,2-butanolide; 1,4-butanolide; 4-butanolide; gamma-hydroxybutyric acid lactone; 3-hydroxybutyric acid lactone and 4-hydroxybutanoic acid lactone with Chemical Abstract Service number 96-48-0 when any such substance is intended for human ingestion; [(33)] (32) 1,4 butanediol, including butanediol; butane-1,4-diol; 1,4- butylenes glycol; butylene glycol; 1,4-dihydroxybutane; 1,4- tetramethylene glycol; tetramethylene glycol; tetramethylene 1,4- diol with Chemical Abstract Service number 110-63-4 when any such substance is intended for human ingestion; [(34)] (33) 2,5-dimethoxy-4-(n)-propylthiophenethylamine (2C-T-7), its optical isomers, salts, and salts of isomers; [(35)] (34) N-benzylpiperazine (BZP; 1-benzylpiperazine) its optical isomers, salts, and salts of isomers; [(36)] (35) 1-(3-trifluoromethylphenyl)piperazine (TFMPP), its optical isomers, salts, and salts of isomers; [(37)] (36) Alpha-methyltryptamine (AMT), its isomers, salts, and salts of isomers; [(38)] (37) 5-methoxy-N,N-diisopropyltryptamine (5-MeO-DIPT), its isomers, salts, and salts of isomers; [(39)] (38) Salvia divinorum; [(40)] (39) Salvinorin A; [(41)] (40) Divinorin A; [(42)] (41) 5-Methoxy-N,N-Dimethyltryptamine (5-MeO-DIPT) (some trade or other names: 5-methoxy-3-[2-(dimethylamino)ethyl]indole; 5-MeO-DMT); [(43)] (42) 2-(2,5-Dimethoxy-4-ethylphenyl)ethanamine (2C-E); [(44)] (43) 2-(2,5-Dimethoxy-4-methylphenyl)ethanamine (2C-D); [(45)] (44) 2-(4-Chloro-2,5-dimethoxyphenyl)ethanamine (2C-C); [(46)] (45) 2-(4-Iodo-2,5-dimethoxyphenyl)ethanamine (2C-I); [(47)] (46) 2-[4-(Ethylthio)-2,5-dimethoxyphenyl]ethanamine (2C-T-2); [(48)] (47) 2-[4-(Isopropylthio)-2,5-dimethoxyphenyl]ethanamine (2C-T-4); [(49)] (48) 2-(2,5-Dimethoxyphenyl)ethanamine (2C-H); [(50)] (49) 2-(2,5-Dimethoxy-4-nitro-phenyl)ethanamine (2C-N); [(51)] (50) 2-(2,5-Dimethoxy-4-(n)-propylphenyl)ethanamine (2C-P); [(52)] (51) 2-(4-iodo-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine, its optical, positional, and geometric isomers, salts, and salts of isomers (Other names: 25I-NBOMe; 2C-I-NBOMe; 25I; Cimbi-5); [(53)] (52) 2-(4-chloro-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine, its optical, positional, and geometric isomers, salts, and salts of isomers (Other names: 25C-NBOMe; 2C-C-NBOMe; 25C; Cimbi-82); and [(54)] (53) 2-(4-bromo-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine, its optical, positional, and geometric isomers, salts, and salts of isomers (Other names: 25B-NBOMe; 2C-B-NBOMe; 25B; Cimbi-36)." 2. By amending subsection (g) to read: "(g) Any of the following cannabinoids, their salts, isomers, and salts of isomers, unless specifically excepted, whenever the existence of these salts, isomers, and salts of isomers is possible within the specific chemical designation: [(1) Tetrahydrocannabinols; meaning tetrahydrocannabinols naturally contained in a plant of the genus Cannabis (cannabis plant), as well as synthetic equivalents of the substances contained in the plant, or in the resinous extractives of Cannabis, sp. or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity to those substances contained in the plant, such as the following: Delta 1 cis or trans tetrahydrocannabinol, and their optical isomers; Delta 6 cis or trans tetrahydrocannabinol, and their optical isomers; and Delta 3,4 cis or trans-tetrahydrocannabinol, and its optical isomers (since nomenclature of these substances is not internationally standardized, compounds of these structures, regardless of numerical designation of atomic positions, are covered); (2)] (1) Naphthoylindoles; meaning any compound containing a 3-(1-naphthoyl)indole structure with substitution at the nitrogen atom of the indole ring by a alkyl, haloalkyl, alkenyl, cycloalkylmethyl,cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the indole ring to any extent and whether or not substituted in the naphthyl ring to any extent; [(3)] (2) Naphthylmethylindoles; meaning any compound containing a 1H-indol-3-yl-(1-naphthyl) methane structure with substitution at the nitrogen atom of the indole ring by a alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl) methyl or 2-(4-morpholinyl) ethyl group whether or not further substituted in the indole ring to any extent and whether or not substituted in the naphthyl ring to any extent; [(4)] (3) Naphthoylpyrroles; meaning any compound containing a 3-(1-naphthoyl)pyrrole structure with substitution at the nitrogen atom of the pyrrole ring by a alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl) ethyl group whether or not further substituted in the pyrrole ring to any extent, whether or not substituted in the naphthyl ring to any extent; [(5)] (4) Naphthylmethylindenes; meaning any compound containing a naphthylideneindene structure with substitution at the 3-position of the indene ring by a alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl) methyl or 2-(4-morpholinyl) ethyl group whether or not further substituted in the indene ring to any extent, whether or not substituted in the naphthyl ring to any extent; [(6)] (5) Phenylacetylindoles; meaning any compound containing a 3-phenylacetylindole structure with substitution at the nitrogen atom of the indole ring by a alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl) methyl or 2-(4-morpholinyl) ethyl group whether or not further substituted in the indole ring to any extent, whether or not substituted in the phenyl ring to any extent; [(7)] (6) Cyclohexylphenols; meaning any compound containing a 2-(3-hydroxycyclohexyl) phenol structure with substitution at the 5-position of the phenolic ring by a alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl) methyl or 2-(4-morpholinyl) ethyl group whether or not substituted in the cyclohexyl ring to any extent; [(8)] (7) Benzoylindoles; meaning any compound containing a 3-(benzoyl) indole structure with substitution at the nitrogen atom of the indole ring by a alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl) methyl, or 2-(4-morpholinyl) ethyl group whether or not further substituted in the indole ring to any extent and whether or not substituted in the phenyl ring to any extent; [(9)] (8) 2,3-Dihydro-5-methyl-3-(4-morpholinylmethyl) pyrrolo[1,2,3-de]-1, 4-benzoxazin-6-yl]-1-napthalenylmethanone (another trade name is WIN 55,212-2); [(10)] (9) (6a,10a)-9-(hydroxymethyl)-6, 6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol (Other trade names are: HU-210/HU-211); [(11)] (10) Tetramethylcyclopropanoylindoles; meaning any compound containing a 3-tetramethylcyclopropanoylindole structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, 1-(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3-morpholinyl)methyl, or tetrahydropyranylmethyl group, whether or not further substituted in the indole ring to any extent and whether or not substituted in the tetramethylcyclopropyl ring to any extent; [(12)] (11) N-(1-adamantyl)-1-pentyl-1H-indazole-3-carboxamide, its optical, positional, and geometric isomers, salts, and salts of isomers (Other names: APINACA, AKB48); [(13)] (12) Quinolin-8-yl 1-pentyl-1H-indole-3-carboxylate, its optical, positional, and geometric isomers, salts, and salts of isomers (Other names: PB-22; QUPIC); [(14)] (13) Quinolin-8-yl 1-(5fluoropentyl)-1H-indole-3-carboxylate, its optical, positional, and geometric isomers, salts, and salts of isomers (Other names: 5-fluoro-PB-22; 5F-PB-22); [(15)] (14) N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(4-fluorobenzyl)-1H-indazole-3-carboxamide, its optical, positional, and geometric isomers, salts, and salts of isomers (Other names: AB-FUBINACA); [(16)] (15) N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-pentyl-1H-indazole-3-carboxamide, its optical, positional, and geometric isomers, salts, and salts of isomers (Other names: ADB-PINACA); [(17)] (16) N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(cyclohexylmethyl)-1H-indazole-3-carboxamide, its optical, positional, and geometric isomers, salts, and salts of isomers (Other names: AB-CHMINACA); [(18)] (17) N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-pentyl-1H-indazole-3-carboxamide, and geometric isomers, salts, and salts of isomers (Other names: AB-PINACA); [(19)] (18) [1-(5-fluoropentyl)-1H-indazol-3-yl](naphthalen-1-yl)methanone, and geometric isomers, salts, and salts of isomers (Other names: THJ-2201); [(20)] (19) Methyl (1-(4-fluorobenzyl)-1 H-indazole-3-carbonyl)-L-valinate, and geometric isomers, salts, and salts of isomers (Other names: FUB-AMB); [(21)] (20) (S)-methyl 2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-3-methylbutanoate, and geometric isomers, salts, and salts of isomers (Other names: 5-fluoro-AMB, 5-fluoro-AMP); [(22)] (21) N-((3s,5s,7s)-adamantan-1-yl)-1-(5-fluoropentyl)-1H-indazole-3-carboxamide, and geometric isomers, salts, and salts of isomers (Other names: AKB48 N-(5-fluoropentyl) analog, 5F-AKB48, APINACA 5-fluoropentyl analog, 5F-APINACA); [(23)] (22) N-adamantyl-1-fluoropentylindole-3-Carboxamide, and geometric isomers, salts, and salts of isomers (Other names: STS-135, 5F-APICA; 5-fluoro-APICA); [(24)] (23) Naphthalen-1-yl 1-(5-fluoropentyl)-1H-indole-3-carboxylate, and geometric isomers, salts, and salts of isomers (Other names: NM2201); [(25)] (24) N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(cyclohexylmethyl)-1H-indazole-3-carboxamide, and geometric isomers, salts, and salts of isomers (Other names: MAB-CHMINACA and ADB-CHMINACA); [(26)] (25) Methyl 2-[1-(5-fluoropentyl)-1H-indazole-3-carboxamido]-3,3-dimethylbutanoate (Other names: 5F-ADB, 5-flouro-ADB, and 5F-MDMB-PINACA), its optical, positional, and geometric isomers, salts, and salts of isomers; and [(27)] (26) 1-(4-cyanobutyl)-N-(2-phenylpropan-2-yl)indazole-3-carboxamide (CUMYL-4CN-BINACA), its optical, positional, and geometric isomers, salts, and salts of isomers; also known as SGT-78, 4-CN-CUMYL-BINACA; CUMYL-CB-PINACA; CUMYL-CYBINACA; 4-cyano CUMYL-BUTINACA." SECTION 3. Section 329-22, Hawaii Revised Statutes, is amended to read as follows: "§329-22 Schedule V. (a) The controlled substances listed in this section are included in schedule V. (b) Narcotic drugs containing nonnarcotic active medicinal ingredients. Any compound, mixture, or preparation containing limited quantities of any of the following narcotic drugs, which also contains one or more nonnarcotic active medicinal ingredients in sufficient proportion to confer upon the compound, mixture, or preparation, valuable medicinal qualities other than those possessed by the narcotic drug alone: (1) Not more than 200 milligrams of codeine, or any of its salts, per 100 milliliters or per 100 grams; (2) Not more than 100 milligrams of dihydrocodeine, or any of its salts, per 100 milliliters or per 100 grams; (3) Not more than 100 milligrams of ethylmorphine, or any of its salts, per 100 milliliters or per 100 grams; (4) Not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms of atropine sulfate per dosage unit; (5) Not more than 100 milligrams of opium per 100 milliliters or per 100 grams; and (6) Not more than 0.5 milligram of difenoxin and not less than 25 micrograms of atropine sulfate per dosage unit. (c) Stimulants. Unless specifically exempted or excluded or unless listed in another schedule, any material, compound, mixture, or preparation that contains any quantity of the following substances having a stimulant effect on the central nervous system, including its salts, isomers, and salts of isomers. (d) Depressants. Unless specifically exempted or excluded or unless listed in another schedule, any material, compound, mixture, or preparation that contains any quantity of the following substances having a depressant effect on the central nervous system, including its salts, isomers, and salts of isomers: (1) Lacosamide [(R)-2-acetoamido-N-benzyl-3-methoxy-propionamide], (Vimpat); (2) Pregabalin [(S)-3-(aminomethyl)-5-methylhexanoic acid]; and (3) Brivaracetam ((2S)-2-[(4R)-2-oxo-4-propylpyrrolidin-1-yl]butanamide) (Other names: BRV; UCB-34714; Briviact) and its salts. (e) Approved cannabidiol drugs. A drug product in finished dosage formulation that has been approved by the United States Food and Drug Administration that contains cannabidiol (2-[1R-3-methyl-6R-(1-methylethenyl)-2-cyclohexen-1-yl]-5-pentyl-1,3-benzenediol) derived from cannabis and no more than 0.1 per cent (w/w) residual tetrahydrocannabinols. (f) Marijuana. Any of the following cannabinoids, their salts, isomers, and salts of isomers, unless specifically excepted, whenever the existence of these salts, isomers, and salts of isomers is possible within the specific chemical designation: tetrahydrocannabinols; meaning tetrahydrocannabinols naturally contained in a plant of the genus Cannabis (cannabis plant), as well as synthetic equivalents of the substances contained in the plant, or in the resinous extractives of Cannabis, sp. or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity to those substances contained in the plant, such as the following: Delta 1 cis or trans tetrahydrocannabinol, and their optical isomers; Delta 6 cis or trans tetrahydrocannabinol, and their optical isomers; and Delta 3,4 cis or trans-tetrahydrocannabinol, and its optical isomers (since nomenclature of these substances is not internationally standardized, compounds of these structures, regardless of numerical designation of atomic positions, are covered." SECTION 4. Section 712-1249, Hawaii Revised Statutes, is amended to read as follows: "§712-1249 Promoting a detrimental drug in the third degree. (1) A person commits the offense of promoting a detrimental drug in the third degree if the person knowingly possesses any [marijuana or any] Schedule V substance in any amount. (2) Promoting a detrimental drug in the third degree is a petty misdemeanor; provided that possession of [three] ten grams or less of marijuana is a violation, punishable by a fine of $130." SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 7. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________
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49	49	SECTION 1. The legal history of cannabis or marijuana in the United States primarily addresses the regulation of marijuana for medical use, and secondarily the use of marijuana for personal or recreational purposes. By the mid-1930s cannabis was regulated as a drug in every state, including thirty-five states that adopted the Uniform State Narcotic Drug Act, which was subsequently replaced in 1970 with the federal Uniform Controlled Substances Act that classifies marijuana and tetrahydrocannabinol as schedule I controlled substances.
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51	51	Notwithstanding the prospect of federal prosecution, several states, including Hawaii, have enacted medical marijuana laws. Chapter 329, part IX, Hawaii Revised Statutes, was enacted to create a medical use of marijuana exemption from criminal sanctions. As of November 4, 2020, thirty-six states and four U.S. territories also allow the use of marijuana for medicinal purposes. Furthermore, chapter 329D, Hawaii Revised Statutes, was enacted to establish medical marijuana dispensaries that were authorized to operate beginning in July 2016. As Hawaii expands its medical marijuana program through the use of highly regulated and monitored dispensaries, more patients are anticipated to consider medical marijuana as a viable treatment, knowing that the medicine will be regulated and tested.
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53	53	In addition to medicinal marijuana laws, some states have legalized or decriminalized marijuana. Most places that have decriminalized cannabis have civil fines, confiscation, drug education, or drug treatment in place of incarceration or criminal charges for possession of small amounts of cannabis, or have made various cannabis offenses the lowest priority for law enforcement. The jurisdictions of Alaska, Arizona, California, Colorado, Connecticut, Delaware, District of Columbia, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oregon, Rhode Island, South Dakota, Vermont, Virginia, and Washington have decriminalized marijuana in small amounts. In each of these states, marijuana users no longer face arrest or jail time for the possession or use of marijuana in an amount permitted by statute. Act 273, Session Laws of Hawaii 2019, among other things, decriminalized the possession of three grams or less of marijuana and established that possession of that amount is a violation punishable by a monetary fine of $130, beginning January 11, 2020.
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55	55	The legislature further finds that the decriminalization of marijuana for personal or recreational use is a natural, logical, and reasonable outgrowth of the current science of marijuana and attitude toward marijuana. In 2012, voters in Colorado voted to amend the state's constitution (Amendment 64) to legalize and regulate the production, possession, and distribution of marijuana for persons age twenty-one and older. Also in 2012, voters in Washington approved a proposition to legalize and regulate the production, possession, and distribution of cannabis for persons age twenty-one and older. Colorado became the first state to remove the prohibition on commercial production of marijuana for general use. Colorado realized state tax revenue of approximately $18,900,000 during the first half of 2014, and this revenue is expected to increase as sales of retail marijuana increase. Following Colorado and Washington's lead, Alaska, California, District of Columbia, Illinois, Maine, Massachusetts, Michigan, Nevada, Oregon, and Vermont passed legislation to also legalize and regulate the production, possession, and distribution of cannabis for persons age twenty-one and older. Several other states have followed suit in making recreational marijuana legal, and as of 2020, the number of jurisdictions in which recreational cannabis is legal has risen to fifteen states and three U.S. territories.
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57	57	The legislature further finds that marijuana cultivation and sales hold potential for economic development, increased tax revenues, and reduction in crime.
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59	59	The purpose of this Act is to:
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61	61	(1) Remove marijuana from schedule I of the uniform controlled substances act and reclassify it as a schedule V drug; and
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63	63	(2) Increase the amount that qualifies as a violation of promoting a detrimental drug in the third degree from three grams to ten grams.
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65	65	SECTION 2. Section 329-14, Hawaii Revised Statutes, is amended as follows:
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67	67	1. By amending subsection (d) to read:
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69	69	"(d) Any material, compound, mixture, or preparation that contains any quantity of the following hallucinogenic substances, their salts, isomers, and salts of isomers, unless specifically excepted, whenever the existence of these salts, isomers, and salts of isomers is possible within the specific chemical designation:
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71	71	(1) Alpha-ethyltryptamine (AET);
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73	73	(2) 2,5-dimethoxy-4-ethylamphetamine (DOET);
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75	75	(3) 2,5-dimethoxyamphetamine (2,5-DMA);
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77	77	(4) 3,4-methylenedioxy amphetamine;
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79	79	(5) 3,4-methylenedioxymethamphetamine (MDMA);
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81	81	(6) N-hydroxy-3,4-methylenedioxyamphetamine (N-hydroxy-MDA);
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83	83	(7) 3,4-methylenedioxy-N-ethylamphetamine (MDE);
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85	85	(8) 5-methoxy-3,4-methylenedioxy-amphetamine;
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87	87	(9) 4-bromo-2,5-dimethoxy-amphetamine (4-bromo-2,5-DMA);
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89	89	(10) 4-Bromo-2,5-dimethoxyphenethylamine (Nexus);
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91	91	(11) 3,4,5-trimethoxy amphetamine;
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93	93	(12) Bufotenine;
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95	95	(13) 4-methoxyamphetamine (PMA);
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97	97	(14) Diethyltryptamine;
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99	99	(15) Dimethyltryptamine;
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101	101	(16) 4-methyl-2,5-dimethoxy-amphetamine;
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103	103	(17) Gamma hydroxybutyrate (GHB) (some other names include gamma hydroxybutyric acid; 4-hydroxybutyrate; 4-hydroxybutanoic acid; sodium oxybate; sodium oxybutyrate);
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105	105	(18) Ibogaine;
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107	107	(19) Lysergic acid diethylamide;
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109	109	[(20) Marijuana;
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111	111	(21)] (20) Parahexyl;
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113	113	[(22)] (21) Mescaline;
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115	115	[(23)] (22) Peyote;
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117	117	[(24)] (23) N-ethyl-3-piperidyl benzilate;
118	118
119	119	[(25)] (24) N-methyl-3-piperidyl benzilate;
120	120
121	121	[(26)] (25) Psilocybin;
122	122
123	123	[(27)] (26) Psilocyn;
124	124
125	125	[(28)] (27) 1-[1-(2-Thienyl) cyclohexyl] Pyrrolidine (TCPy);
126	126
127	127	[(29)] (28) Ethylamine analog of phencyclidine (PCE);
128	128
129	129	[(30)] (29) Pyrrolidine analog of phencyclidine (PCPy, PHP);
130	130
131	131	[(31)] (30) Thiophene analog of phencyclidine (TPCP; TCP);
132	132
133	133	[(32)] (31) Gamma-butyrolactone, including butyrolactone; butyrolactone gamma; 4-butyrolactone; 2(3H)-furanone dihydro; dihydro-2(3H)furanone; tetrahydro-2-furanone; 1,2-butanolide; 1,4-butanolide; 4-butanolide; gamma-hydroxybutyric acid lactone; 3-hydroxybutyric acid lactone and 4-hydroxybutanoic acid lactone with Chemical Abstract Service number 96-48-0 when any such substance is intended for human ingestion;
134	134
135	135	[(33)] (32) 1,4 butanediol, including butanediol; butane-1,4-diol; 1,4- butylenes glycol; butylene glycol; 1,4-dihydroxybutane; 1,4- tetramethylene glycol; tetramethylene glycol; tetramethylene 1,4- diol with Chemical Abstract Service number 110-63-4 when any such substance is intended for human ingestion;
136	136
137	137	[(34)] (33) 2,5-dimethoxy-4-(n)-propylthiophenethylamine (2C-T-7), its optical isomers, salts, and salts of isomers;
138	138
139	139	[(35)] (34) N-benzylpiperazine (BZP; 1-benzylpiperazine) its optical isomers, salts, and salts of isomers;
140	140
141	141	[(36)] (35) 1-(3-trifluoromethylphenyl)piperazine (TFMPP), its optical isomers, salts, and salts of isomers;
142	142
143	143	[(37)] (36) Alpha-methyltryptamine (AMT), its isomers, salts, and salts of isomers;
144	144
145	145	[(38)] (37) 5-methoxy-N,N-diisopropyltryptamine (5-MeO-DIPT), its isomers, salts, and salts of isomers;
146	146
147	147	[(39)] (38) Salvia divinorum;
148	148
149	149	[(40)] (39) Salvinorin A;
150	150
151	151	[(41)] (40) Divinorin A;
152	152
153	153	[(42)] (41) 5-Methoxy-N,N-Dimethyltryptamine (5-MeO-DIPT) (some trade or other names: 5-methoxy-3-[2-(dimethylamino)ethyl]indole; 5-MeO-DMT);
154	154
155	155	[(43)] (42) 2-(2,5-Dimethoxy-4-ethylphenyl)ethanamine (2C-E);
156	156
157	157	[(44)] (43) 2-(2,5-Dimethoxy-4-methylphenyl)ethanamine (2C-D);
158	158
159	159	[(45)] (44) 2-(4-Chloro-2,5-dimethoxyphenyl)ethanamine (2C-C);
160	160
161	161	[(46)] (45) 2-(4-Iodo-2,5-dimethoxyphenyl)ethanamine (2C-I);
162	162
163	163	[(47)] (46) 2-[4-(Ethylthio)-2,5-dimethoxyphenyl]ethanamine (2C-T-2);
164	164
165	165	[(48)] (47) 2-[4-(Isopropylthio)-2,5-dimethoxyphenyl]ethanamine (2C-T-4);
166	166
167	167	[(49)] (48) 2-(2,5-Dimethoxyphenyl)ethanamine (2C-H);
168	168
169	169	[(50)] (49) 2-(2,5-Dimethoxy-4-nitro-phenyl)ethanamine (2C-N);
170	170
171	171	[(51)] (50) 2-(2,5-Dimethoxy-4-(n)-propylphenyl)ethanamine (2C-P);
172	172
173	173	[(52)] (51) 2-(4-iodo-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine, its optical, positional, and geometric isomers, salts, and salts of isomers (Other names: 25I-NBOMe; 2C-I-NBOMe; 25I; Cimbi-5);
174	174
175	175	[(53)] (52) 2-(4-chloro-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine, its optical, positional, and geometric isomers, salts, and salts of isomers (Other names: 25C-NBOMe; 2C-C-NBOMe; 25C; Cimbi-82); and
176	176
177	177	[(54)] (53) 2-(4-bromo-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine, its optical, positional, and geometric isomers, salts, and salts of isomers (Other names: 25B-NBOMe; 2C-B-NBOMe; 25B; Cimbi-36)."
178	178
179	179	2. By amending subsection (g) to read:
180	180
181	181	"(g) Any of the following cannabinoids, their salts, isomers, and salts of isomers, unless specifically excepted, whenever the existence of these salts, isomers, and salts of isomers is possible within the specific chemical designation:
182	182
183	183	[(1) Tetrahydrocannabinols; meaning tetrahydrocannabinols naturally contained in a plant of the genus Cannabis (cannabis plant), as well as synthetic equivalents of the substances contained in the plant, or in the resinous extractives of Cannabis, sp. or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity to those substances contained in the plant, such as the following: Delta 1 cis or trans tetrahydrocannabinol, and their optical isomers; Delta 6 cis or trans tetrahydrocannabinol, and their optical isomers; and Delta 3,4 cis or trans-tetrahydrocannabinol, and its optical isomers (since nomenclature of these substances is not internationally standardized, compounds of these structures, regardless of numerical designation of atomic positions, are covered);
184	184
185	185	(2)] (1) Naphthoylindoles; meaning any compound containing a 3-(1-naphthoyl)indole structure with substitution at the nitrogen atom of the indole ring by a alkyl, haloalkyl, alkenyl, cycloalkylmethyl,cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the indole ring to any extent and whether or not substituted in the naphthyl ring to any extent;
186	186
187	187	[(3)] (2) Naphthylmethylindoles; meaning any compound containing a 1H-indol-3-yl-(1-naphthyl) methane structure with substitution at the nitrogen atom of the indole ring by a alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl) methyl or 2-(4-morpholinyl) ethyl group whether or not further substituted in the indole ring to any extent and whether or not substituted in the naphthyl ring to any extent;
188	188
189	189	[(4)] (3) Naphthoylpyrroles; meaning any compound containing a 3-(1-naphthoyl)pyrrole structure with substitution at the nitrogen atom of the pyrrole ring by a alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl) ethyl group whether or not further substituted in the pyrrole ring to any extent, whether or not substituted in the naphthyl ring to any extent;
190	190
191	191	[(5)] (4) Naphthylmethylindenes; meaning any compound containing a naphthylideneindene structure with substitution at the 3-position of the indene ring by a alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl) methyl or 2-(4-morpholinyl) ethyl group whether or not further substituted in the indene ring to any extent, whether or not substituted in the naphthyl ring to any extent;
192	192
193	193	[(6)] (5) Phenylacetylindoles; meaning any compound containing a 3-phenylacetylindole structure with substitution at the nitrogen atom of the indole ring by a alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl) methyl or 2-(4-morpholinyl) ethyl group whether or not further substituted in the indole ring to any extent, whether or not substituted in the phenyl ring to any extent;
194	194
195	195	[(7)] (6) Cyclohexylphenols; meaning any compound containing a 2-(3-hydroxycyclohexyl) phenol structure with substitution at the 5-position of the phenolic ring by a alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl) methyl or 2-(4-morpholinyl) ethyl group whether or not substituted in the cyclohexyl ring to any extent;
196	196
197	197	[(8)] (7) Benzoylindoles; meaning any compound containing a 3-(benzoyl) indole structure with substitution at the nitrogen atom of the indole ring by a alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl) methyl, or 2-(4-morpholinyl) ethyl group whether or not further substituted in the indole ring to any extent and whether or not substituted in the phenyl ring to any extent;
198	198
199	199	[(9)] (8) 2,3-Dihydro-5-methyl-3-(4-morpholinylmethyl) pyrrolo[1,2,3-de]-1, 4-benzoxazin-6-yl]-1-napthalenylmethanone (another trade name is WIN 55,212-2);
200	200
201	201	[(10)] (9) (6a,10a)-9-(hydroxymethyl)-6, 6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol (Other trade names are: HU-210/HU-211);
202	202
203	203	[(11)] (10) Tetramethylcyclopropanoylindoles; meaning any compound containing a 3-tetramethylcyclopropanoylindole structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, 1-(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3-morpholinyl)methyl, or tetrahydropyranylmethyl group, whether or not further substituted in the indole ring to any extent and whether or not substituted in the tetramethylcyclopropyl ring to any extent;
204	204
205	205	[(12)] (11) N-(1-adamantyl)-1-pentyl-1H-indazole-3-carboxamide, its optical, positional, and geometric isomers, salts, and salts of isomers (Other names: APINACA, AKB48);
206	206
207	207	[(13)] (12) Quinolin-8-yl 1-pentyl-1H-indole-3-carboxylate, its optical, positional, and geometric isomers, salts, and salts of isomers (Other names: PB-22; QUPIC);
208	208
209	209	[(14)] (13) Quinolin-8-yl 1-(5fluoropentyl)-1H-indole-3-carboxylate, its optical, positional, and geometric isomers, salts, and salts of isomers (Other names: 5-fluoro-PB-22; 5F-PB-22);
210	210
211	211	[(15)] (14) N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(4-fluorobenzyl)-1H-indazole-3-carboxamide, its optical, positional, and geometric isomers, salts, and salts of isomers (Other names: AB-FUBINACA);
212	212
213	213	[(16)] (15) N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-pentyl-1H-indazole-3-carboxamide, its optical, positional, and geometric isomers, salts, and salts of isomers (Other names: ADB-PINACA);
214	214
215	215	[(17)] (16) N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(cyclohexylmethyl)-1H-indazole-3-carboxamide, its optical, positional, and geometric isomers, salts, and salts of isomers (Other names: AB-CHMINACA);
216	216
217	217	[(18)] (17) N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-pentyl-1H-indazole-3-carboxamide, and geometric isomers, salts, and salts of isomers (Other names: AB-PINACA);
218	218
219	219	[(19)] (18) [1-(5-fluoropentyl)-1H-indazol-3-yl](naphthalen-1-yl)methanone, and geometric isomers, salts, and salts of isomers (Other names: THJ-2201);
220	220
221	221	[(20)] (19) Methyl (1-(4-fluorobenzyl)-1 H-indazole-3-carbonyl)-L-valinate, and geometric isomers, salts, and salts of isomers (Other names: FUB-AMB);
222	222
223	223	[(21)] (20) (S)-methyl 2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-3-methylbutanoate, and geometric isomers, salts, and salts of isomers (Other names: 5-fluoro-AMB, 5-fluoro-AMP);
224	224
225	225	[(22)] (21) N-((3s,5s,7s)-adamantan-1-yl)-1-(5-fluoropentyl)-1H-indazole-3-carboxamide, and geometric isomers, salts, and salts of isomers (Other names: AKB48 N-(5-fluoropentyl) analog, 5F-AKB48, APINACA 5-fluoropentyl analog, 5F-APINACA);
226	226
227	227	[(23)] (22) N-adamantyl-1-fluoropentylindole-3-Carboxamide, and geometric isomers, salts, and salts of isomers (Other names: STS-135, 5F-APICA; 5-fluoro-APICA);
228	228
229	229	[(24)] (23) Naphthalen-1-yl 1-(5-fluoropentyl)-1H-indole-3-carboxylate, and geometric isomers, salts, and salts of isomers (Other names: NM2201);
230	230
231	231	[(25)] (24) N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(cyclohexylmethyl)-1H-indazole-3-carboxamide, and geometric isomers, salts, and salts of isomers (Other names: MAB-CHMINACA and ADB-CHMINACA);
232	232
233	233	[(26)] (25) Methyl 2-[1-(5-fluoropentyl)-1H-indazole-3-carboxamido]-3,3-dimethylbutanoate (Other names: 5F-ADB, 5-flouro-ADB, and 5F-MDMB-PINACA), its optical, positional, and geometric isomers, salts, and salts of isomers; and
234	234
235	235	[(27)] (26) 1-(4-cyanobutyl)-N-(2-phenylpropan-2-yl)indazole-3-carboxamide (CUMYL-4CN-BINACA), its optical, positional, and geometric isomers, salts, and salts of isomers; also known as SGT-78, 4-CN-CUMYL-BINACA; CUMYL-CB-PINACA; CUMYL-CYBINACA; 4-cyano CUMYL-BUTINACA."
236	236
237	237	SECTION 3. Section 329-22, Hawaii Revised Statutes, is amended to read as follows:
238	238
239	239	"§329-22 Schedule V. (a) The controlled substances listed in this section are included in schedule V.
240	240
241	241	(b) Narcotic drugs containing nonnarcotic active medicinal ingredients. Any compound, mixture, or preparation containing limited quantities of any of the following narcotic drugs, which also contains one or more nonnarcotic active medicinal ingredients in sufficient proportion to confer upon the compound, mixture, or preparation, valuable medicinal qualities other than those possessed by the narcotic drug alone:
242	242
243	243	(1) Not more than 200 milligrams of codeine, or any of its salts, per 100 milliliters or per 100 grams;
244	244
245	245	(2) Not more than 100 milligrams of dihydrocodeine, or any of its salts, per 100 milliliters or per 100 grams;
246	246
247	247	(3) Not more than 100 milligrams of ethylmorphine, or any of its salts, per 100 milliliters or per 100 grams;
248	248
249	249	(4) Not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms of atropine sulfate per dosage unit;
250	250
251	251	(5) Not more than 100 milligrams of opium per 100 milliliters or per 100 grams; and
252	252
253	253	(6) Not more than 0.5 milligram of difenoxin and not less than 25 micrograms of atropine sulfate per dosage unit.
254	254
255	255	(c) Stimulants. Unless specifically exempted or excluded or unless listed in another schedule, any material, compound, mixture, or preparation that contains any quantity of the following substances having a stimulant effect on the central nervous system, including its salts, isomers, and salts of isomers.
256	256
257	257	(d) Depressants. Unless specifically exempted or excluded or unless listed in another schedule, any material, compound, mixture, or preparation that contains any quantity of the following substances having a depressant effect on the central nervous system, including its salts, isomers, and salts of isomers:
258	258
259	259	(1) Lacosamide [(R)-2-acetoamido-N-benzyl-3-methoxy-propionamide], (Vimpat);
260	260
261	261	(2) Pregabalin [(S)-3-(aminomethyl)-5-methylhexanoic acid]; and
262	262
263	263	(3) Brivaracetam ((2S)-2-[(4R)-2-oxo-4-propylpyrrolidin-1-yl]butanamide) (Other names: BRV; UCB-34714; Briviact) and its salts.
264	264
265	265	(e) Approved cannabidiol drugs. A drug product in finished dosage formulation that has been approved by the United States Food and Drug Administration that contains cannabidiol (2-[1R-3-methyl-6R-(1-methylethenyl)-2-cyclohexen-1-yl]-5-pentyl-1,3-benzenediol) derived from cannabis and no more than 0.1 per cent (w/w) residual tetrahydrocannabinols.
266	266
267	267	(f) Marijuana. Any of the following cannabinoids, their salts, isomers, and salts of isomers, unless specifically excepted, whenever the existence of these salts, isomers, and salts of isomers is possible within the specific chemical designation: tetrahydrocannabinols; meaning tetrahydrocannabinols naturally contained in a plant of the genus Cannabis (cannabis plant), as well as synthetic equivalents of the substances contained in the plant, or in the resinous extractives of Cannabis, sp. or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity to those substances contained in the plant, such as the following: Delta 1 cis or trans tetrahydrocannabinol, and their optical isomers; Delta 6 cis or trans tetrahydrocannabinol, and their optical isomers; and Delta 3,4 cis or trans-tetrahydrocannabinol, and its optical isomers (since nomenclature of these substances is not internationally standardized, compounds of these structures, regardless of numerical designation of atomic positions, are covered."
268	268
269	269	SECTION 4. Section 712-1249, Hawaii Revised Statutes, is amended to read as follows:
270	270
271	271	"§712-1249 Promoting a detrimental drug in the third degree. (1) A person commits the offense of promoting a detrimental drug in the third degree if the person knowingly possesses any [marijuana or any] Schedule V substance in any amount.
272	272
273	273	(2) Promoting a detrimental drug in the third degree is a petty misdemeanor; provided that possession of [three] ten grams or less of marijuana is a violation, punishable by a fine of $130."
274	274
275	275	SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
276	276
277	277	SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
278	278
279	279	SECTION 7. This Act shall take effect upon its approval.
280	280
281	281
282	282
283	283	INTRODUCED BY: _____________________________
284	284
285	285	INTRODUCED BY:
286	286
287	287	_____________________________
288	288
289	289
290	290
291	291
292	292
293	293
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317	317	Report Title: Marijuana; Schedule V; Penalties Description: Removes marijuana from schedule I of the uniform controlled substances act and reclassifies it as a schedule V drug. Increases the amount that qualifies as a violation of promoting a detrimental drug in the third degree from three grams to ten grams. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
318	318
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320	320
321	321
322	322
323	323	Report Title:
324	324
325	325	Marijuana; Schedule V; Penalties
326	326
327	327
328	328
329	329	Description:
330	330
331	331	Removes marijuana from schedule I of the uniform controlled substances act and reclassifies it as a schedule V drug. Increases the amount that qualifies as a violation of promoting a detrimental drug in the third degree from three grams to ten grams.
332	332
333	333
334	334
335	335
336	336
337	337
338	338
339	339	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.