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.

SCR150

THE SENATE

S.C.R. NO.

150

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

SENATE CONCURRENT

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.

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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

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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

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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

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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

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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

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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

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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,

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BE IT
RESOLVED by the Senate of the Thirty-third Legislature of the State of Hawaii,
Regular Session of 2026, the House of Representatives concurring, 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

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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

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

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BE IT FURTHER
RESOLVED that certified copies of this Concurrent 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.

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OFFERED BY:

_____________________________

Report Title:
�

Medical
Cannabis; Exemption; Federal Controlled Substances Act