HCR 170: 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.

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.

Report Title: 

Medical Cannabis; Medical Cannabis Dispensaries; Drug Enforcement Administration; Controlled Substance Exception