THE SENATE	S.C.R. NO.	250
THIRTY-FIRST LEGISLATURE, 2021
STATE OF HAWAII

SENATE CONCURRENT

RESOLUTION

 

 

REQUESTING THE GOVERNOR to PURSUE IMMEDIATE AND PERMANENT RELIEF FROM THE DRUG ENFORCEMENT ADMINISTRATION FOR THE STATE AUTHORIZED USE OF CANNABIS IN HAWAII.

 

 

        WHEREAS, the State of Hawaii has authorized the use of cannabis, and the United States Department of Justice and the Drug Enforcement Administration (DEA) have never challenged the constitutionality of such use; and

 

        WHEREAS, citizens using cannabis for authorized purposes under Hawaii Revised Statutes at part IX, chapter 329, are exempt from the criminal penalties associated with the illegal use of cannabis as a state Schedule I controlled substance; and

 

        WHEREAS, 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; and

 

        WHEREAS, administrative procedures already exist for obtaining federal exemptions for the state authorized use of a controlled substance; now, therefore,

 

        BE IT RESOLVED by the Senate of the Thirty-first Legislature of the State of Hawaii, Regular Session of 2021, the House of Representatives concurring, that the Governor is hereby requested to submit to the Administrator of the United States Department of Justice, Drug Enforcement Administration, Diversion Control Division, an application for immediate relief pursuant to title 21 Code of Federal Regulations section 1307.03 and a petition for permanent relief pursuant to title 21 Code of Federal Regulations section 1308.43, stating 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; and

 

        BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Office of the Governor, Office of the Lieutenant Governor, Office of the Attorney General, Department of Health, Department of Public Safety, Department of Transportation, Department of Education, Department of Labor and Industrial Relations, and President of the University of Hawaii System.

 

 

 

	OFFERED BY:	_____________________________

Report Title:  

Medial Cannabis; Drug Enforcement Administration