Hawaii lawmakers held a hearing this past Friday April 9th. Looks like the work WeedPress has helped with in Minnesota and Iowa on getting a federal exemption to Minnesota’s and Iowa’s state marijuana industry is being replicated in Hawaii, too.
Hawaii, Minnesota, and Iowa are advancing the process to protect state marijuana programs from federal law by using the State’s ability to petition the federal government for an exemption under 21 CFR 1307.03. WeedPress is the only blog consistently breaking news on this industry changing petition process. Follow us on Facebook, and get your state to petition the feds, too.
https://www.facebook.com/WeedPress-137129759688948/
Agenda for April 9th on HCR 132:
https://www.capitol.hawaii.gov/session2021/hearingnotices/HEARING_HTH_04-09-21_.PDF
Download the PDF agenda here on WeedPress:
Video discussion about Hawaii’s federal exemption to marijuana law application process starts at 37:18
Chair Senator Jarrett Keohokalole : Ok seeing none we’ll move to the last item on the agenda, HCR 132. This is requesting the Department of Health submit a request to the Drug Enforcement Administration for an exception to regulations — excuse me — and a petition to clarify that the state authorized use of medical cannabis does not violate the federal controlled substances act. First testifier we have is the Department of Health.
DPH Tammy Whitney: Hi. Good afternoon again Chair (?) Vice Chair Baker and members of the committee. I’m Tammy Whitney with the Department of Health medical cannabis registry program. The Department stands on it’s testimony offering comment. Thank you.
Chair: Next up we have Dr. (?).
Dr. (?): Good afternoon Chair, Vice Chair, members of the committee. Thank you for the opportunity to testify on this measure. Dr. Clifton Otto, you have my written testimony in support and I would like to add just a few brief comments. I have come before this committee several times this session. And I wanted to thank you for being patient with my persistence and trying to move forward a solution that I believe can help resolve this unnecessary conflict with the federal regulation of marijuana. I hope that you find this measure to be a reasonable way for the legislature to express it’s will on this issue. And then my written testimony has adequately addressed any previous concerns. Thank you and I will be available for any questions.
Chair Senator Jarrett Keohokalole: Thank you very much. That’s all the live testimony I believe we’ve received. Is there anyone on the conference who wants to testify? OK seeing none we have one piece of written testimony submitted in support by Shena Mensch. Members are there any questions? Ok seeing none is there any desire to recess for these items? OK I’m going to move right into recommendations. …Thank you very much. The next resolution, HCR 132 HC1, I’m going to make the following, I’m going to recommend we make the following changes. The first is that we remove the second and third (?) clauses. We have some technical amendments and we change the title and the associated Whereas clauses, to “request that the Department of Health apply to the Drug Enforcement Administration Office of Diversion Control for an exception under CFR Title 21 Section 1307.03, and request formal written acknowledgement that the listing of marijuana, marijuana extract, and THC as controlled substances in federal schedule I does not apply to the protected activities in the Hawaii revised statutes. It’s a bit of a technical change to the title request. Any discussion? Senator Moriwaki.
Senator Moriwaki: Can you hear me now? Thank you for the amendments. I just wanted to clarify the amendments because as I read the Department of Health testimony, they can’t apply for the exception, but if it is related to the exceptions for medical use I see that as clarifying language. And so I’m just wondering if that is what the amendment will speak to.
Chair Senator Jarrett Keohokalole: The amendment is a little more specific, because we are requesting that the Department of Health submit a petition. And then the CFR section is different because it’s a broader exception request section in the Code of Federal Regulations, because I happen to believe that the CFR section that we have been haggling over as related to this issue over the last two years are too specific. And regardless of the supremacy of laws between the state and the federal government, the CFR section that we note in the amendment, 1307.03, allows for a broader application and it follows requests and legislative action that was taken in the state of Minnesota.
Senator Moriwaki: So, you know, there is testimony that says it precludes them from petitioning for exemption. Is that what you’re covering, you’re saying there’s some broader?
Chair Senator Jarrett Keohokalole: So, I, because the Attorney General’s office did not submit testimony on this, we’re left to rely on the testimony on this issue that took place over the last couple of years. My inclination, my belief is that there’s nothing that prevents the state of Hawaii and the Department of Health from petitioning the federal government. There’s, we can, you know the state of Hawaii can send in an application on anything it wants to. There’s nothing prohibiting us to any of the CFR or in the federal statutes from doing that. But there, contrary to I believe the beliefs of some of the advocates in the community, there is nothing precluding the federal government from denying the application. The CFR sections are published pursuant to Congressional statutory authorizations, and so the federal government can take whatever action it deems necessary, including denying these applications. But that does not prevent the state of Hawaii, or the Legislature, from applying, or requesting that they make those changes. So those are my recommendations for the resolution.
Senator Moriwaki: Ok. Guess I’m cautious, or with reservation, but I’ll let it go forward and see where it goes.
Chair Keohokalole: Senator (?)
Senator (?): Thank you so much. So I agree with you. And basically I think Senator Moriwaki who misread the, you misread a deal H testimony, because if you look at the very last line, it basically said what the Chair said, which is you can apply but it’s unlikely the DEA would grant it. So I really like the Chair’s amendment, because it doesn’t make sense to apply for something that it’s going to deny, so let’s try a different avenue, and hopefully this time it will stick. So I’m in support of the Chair’s amendments and I apply the creative amendment.
Chair Keohokalole: Thank you. Any other discussion? Ok seeing none Vice Chair HCR 132 passing with amendments, Chair votes aye.
Senator Baker: Chair votes aye Vice chair votes aye. Senator Moriwaki?
Senator Moriwaki: I’ll still be with reservations.
Senator Baker: Senator (?)
Senator (?): Aye.
Senator Baker: Senator Fevella?
Senator Fevella: Sorry. Aye.
Senator Baker: Ok, measure, Chair your recommendation is adopted.
Senator Keohokalole: Thank you very much. Members I’d just like to note we have one more hearing, next week Wednesday, that are 1 pm, that came in after our hearing deadline last week. So Wednesday afternoon will be our last hearing. Thank you very much we are adjourned.
Next hearing: Wednesday April 14th.
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