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HCR170
HOUSE OF REPRESENTATIVES
H.C.R. NO.
170
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII
HOUSE CONCURRENT
RESOLUTION
urging the governor to reharmonize the federal and state regulation
of cannabis in Hawaii by obtaining a controlled substance exception for
registered medical cannabis patients and registration waivers for
state-licensed medical cannabis dispensaries from the Drug Enforcement
Administration
.
����
WHEREAS, Hawaii
became the first state to exercise its constitutional authority over the
intrastate practice of medicine and create a state-regulated medical cannabis
program via the legislative process by passing Act 228, Session Laws of Hawaii
2000 (Act 228); and
����
WHEREAS, as a
result of Act 228, Hawaii's regulation of cannabis has been out of step with
federal regulation of cannabis; and
����
WHEREAS, this
lack of uniformity between federal and state cannabis laws can have severe
repercussions for medical cannabis patients and the State's licensed medical
cannabis dispensaries, including loss of employment and discrimination in child
custody hearings, eligibility for federally subsidized housing, and
applications for federal firearms permits, life insurance, and disability
insurance for patients who use medical cannabis in compliance with state law;
and
����
WHEREAS, in
2021 the Legislature adopted House Concurrent Resolution 132 (HCR132), which
requested the
Department
of Health to apply to the Drug Enforcement Administration's Office of Diversion
Control for an exception under title 21 Code of Federal Regulations section
1307.03 and request written acknowledgement that the listing of marijuana and certain
related substances as controlled substance in federal Schedule I does not apply
to activities protected by state law
; and
����
WHEREAS, despite
this body's stated desire to reharmonize federal and state regulation of cannabis,
the
Department
of Health has not carried out the purpose of HCR132
; and
����
WHEREAS, on
December 18, 2025, President Trump signed Executive Order 14370 directing the United
States Attorney General to expedite the federal rescheduling of marijuana to a
Schedule III drug; and
����
WHEREAS, the
rescheduling of marijuana to a Schedule III drug requires prompt action to
protect Hawaii's medical cannabis program and the State's authority over the
intrastate use of medical cannabis; now, therefore,
����
BE IT
RESOLVED by the House of Representatives of the Thirty-third Legislature of the
State of Hawaii, Regular Session of 2026, the Senate concurring, that the
Governor is urged to reharmonize the federal and state regulation of cannabis
in Hawaii by obtaining a controlled substance exception for registered medical
cannabis patients and registration waivers for state-licensed medical cannabis dispensaries
from the Drug Enforcement Administration; and
����
BE IT FURTHER
RESOLVED that the Governor is requested to pursue an exception from the Drug
Enforcement Administration for Hawaii's medical cannabis program under
title 21
Code of Federal Regulations section 1307.03
; and
����
BE IT FURTHER
RESOLVED that the Governor is requested to pursue a registration waiver for
state-licensed medical cannabis dispensaries under title 21 United States Code
section 822(d) for the intrastate production and distribution of medical
cannabis pursuant to state law; and
����
BE IT FURTHER
RESOLVED that the Governor is requested to submit a report of the Governor's
progress to the Legislature on a quarterly basis and as updates become
available; and
����
BE IT FURTHER
RESOLVED that certified copies of this Concurrent Resolution be transmitted to the
members of Hawaii's congressional delegation, Governor, Attorney General, and
Director of Health.
OFFERED BY:
_____________________________
Report Title:
�
Medical
Cannabis; Medical Cannabis Dispensaries; Drug Enforcement Administration; Controlled
Substance Exception