THE SENATE	S.R. NO.	141
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII

SENATE RESOLUTION

 

 

requesting the governor to obtain a controlled substance exemption from the drug enforcement administration for registered medical cannabis patients and registration waivers for state-licensed dispensaries.

 

 

     WHEREAS, under federal law, cannabis is currently classified as a Schedule I controlled substance, meaning it is illegal to possess, produce, and distribute without Drug Enforcement Administration Schedule I registration for limited research; and

 

     WHEREAS, in 2000 with the enactment of Act 228, Hawaii was one of the first states to accept the medical use of cannabis and create a state medical cannabis program under the State’s constitutional authority over the intrastate practice of medicine; and

 

     WHEREAS, the resulting legal disharmony between the state and federal regulation of cannabis created a layered legal and economic gray area, in which patients and dispensaries must violate federal law to participate, with prosecution protection  entirely dependent upon the non-enforcement of federal law; and

 

WHEREAS, the legal disparities between the state and federal regulation of cannabis threaten employment, firearms registration, interisland transport, housing, hospice care, and safe and affordable access for tens of thousands of Hawaii's medical cannabis patients; and

 

WHEREAS, these legal disparities also discourage hundreds of thousands of potential medical cannabis patients from enrolling in Hawaii’s Medical Cannabis Program for fear of federal repercussions; and

 

WHEREAS, legal differences prevent state-licensed dispensaries from utilizing regular banking services and deducting standard business expenses from their federal tax returns, which amplifies costs, raises retail prices, and pushes patients into the illicit market; and

 

WHEREAS, continued activities amid such discrepancies give residents and businesses the false impression that federal law doesn’t matter, which undermines respect for the rule of law and encourages criminal activity; and

 

     WHEREAS, in order to truly protect medical cannabis patients, Hawaii could apply for a federal controlled substance exemption through the Drug Enforcement Administration so that registered patients could participate in Hawaii’s Medical Cannabis Program without being exposed to federal prosecution or discrimination; and

 

     WHEREAS, to protect state-licensed dispensaries, Hawaii could apply for a federal registration waiver from the Drug Enforcement Administration, so that dispensaries could commercially produce and distribute intrastate medical cannabis in compliance with state and federal law; and

 

     WHEREAS, the Hawaii State Legislature addressed this issue by adopting House Concurrent Resolution 132, Regular Session of 2021, requesting the State Department of Health to apply for controlled substance exemption for registered patients from the Drug Enforcement Administration and request formal written acknowledgement that the listing of marihuana, marihuana extract, and tetrahydrocannabinols as controlled substances in Federal Schedule I does not apply to the protected activities in Hawaii Revised Statutes; and

 

     WHEREAS, despite this clear legislative stance, the Department of Health, along with the Governor and Attorney General who also have the discretion to apply for the exemption, have yet to take any action; and

 

     WHEREAS, the recent Executive Order from the Trump Administration to expedite the federal rescheduling of cannabis to Schedule III requires prompt action to protect Hawaii's medical cannabis program and the state's authority over the intrastate medical use of cannabis; now, therefore,

 

     BE IT RESOLVED by the Senate of the Thirty-third Legislature of the State of Hawaii, Regular Session of 2026, that the Governor is respectfully requested to act on House Concurrent Resolution 132, Regular Session of 2021 and pursue with the Drug Enforcement Administration an exemption from federal controlled substance regulation for registered medical cannabis patients in Hawaii; and

 

     BE IT FURTHER RESOLVED that it is also requested that registration waivers from the Drug Enforcement Administration for state-licensed dispensaries under Chapter 21 United States Code, section 822(d) are pursued for the intrastate production and distribution of medical cannabis; and

 

     BE IT FURTHER RESOLVED that the Department of Health is requested to provide updates to the Legislature as they become available; and

 

     BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to members of Hawaii's Congressional delegation, the Governor of the State of Hawaii, the Attorney General, and the Director of the Hawaii State Department of Health.

 

 

 

	OFFERED BY:	_____________________________

 

 

 

Report Title: 

Medical Cannabis; Exemption; Federal Controlled Substances Act