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.
Summary
SR141 is a Senate resolution urging the Governor to seek federal relief from the Drug Enforcement Administration for Hawaii’s medical cannabis program. It asks the state to pursue a controlled substance exemption for registered medical cannabis patients so they can participate in the program without facing federal prosecution or discrimination, and to seek registration waivers for state-licensed dispensaries so they can produce and distribute medical cannabis intrastate in compliance with state and federal law.
The resolution frames Hawaii’s medical cannabis system as operating in a legal conflict between state authorization and federal Schedule I status for cannabis. It cites concerns that this conflict affects patients’ employment, housing, firearms registration, interisland transport, hospice care, and access to affordable medicine, while also limiting dispensaries’ access to banking and ordinary tax deductions. The resolution also requests that the Department of Health provide updates to the Legislature and that copies be sent to the Governor, Attorney General, congressional delegation, and health department leadership.
Impact
If adopted and acted upon, SR141 would not itself change Hawaii statutes, but it would formally direct executive-branch attention toward seeking federal exemptions and waivers under the federal Controlled Substances Act, including 21 U.S.C. § 822(d). The resolution is aimed at reducing federal-law barriers for registered medical cannabis patients and state-licensed dispensaries, potentially improving banking access, tax treatment, and legal protections for intrastate medical cannabis activity in Hawaii. It also reinforces the Legislature’s prior position in HCR 132 (2021) and seeks ongoing reporting from the Department of Health.
Sentiment
The overall sentiment reflected in the bill text and available vote history is supportive of medical cannabis patients and dispensaries, with the resolution presented as a protective and clarifying measure. The Senate Health and Human Services Committee passed the measure unanimously, 4-0, and there is no recorded opposition in the provided materials. The tone of the resolution is urgent and advocacy-oriented, emphasizing the need for prompt executive action in light of federal cannabis policy developments.
Contention
The main point of contention is the continuing mismatch between Hawaii’s medical cannabis laws and federal controlled-substance law. Supporters of the resolution argue that federal restrictions expose patients and dispensaries to legal, financial, and practical harms, while also discouraging enrollment in the state program. The resolution also suggests that inaction by the Department of Health, Governor, and Attorney General has left the state without the federal exemptions it could seek. The bill text does not include explicit opposition arguments, but it implicitly addresses concerns about federal enforcement, banking, taxation, and the rule of law.
Same As
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.
Requesting The United States Congress To Remove Cannabis From The Federal Controlled Substances Act, Provide Support To States That Are In The Process Of Clearing Cannabis Offenses From Defendants' Records, And Facilitate The Full Spectrum Of Banking Services For Cannabis-related Businesses.
Requesting The United States Congress To Remove Cannabis From The Federal Controlled Substances Act, Provide Support To States That Are In The Process Of Clearing Cannabis Offenses From Defendants' Records, And Facilitate The Full Spectrum Of Banking Services For Cannabis-related Businesses.