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SR 141

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.

2026 Regular Session Introduced by Brenton Awa

Hawaii resolution requests federal DEA exemption for medical cannabis patients and dispensaries to resolve state-federal legal conflicts over legalized medical marijuana.

Referred to HHS, JDC.
#exemption #federalcontrolledsubstancesact #medicalcannabis
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Bill Summary · SR 141

Legislative bill overview

SR 141 is a resolution requesting Hawaii's Governor to petition the federal Drug Enforcement Administration (DEA) for a controlled substance exemption allowing registered medical cannabis patients to legally possess cannabis without federal prosecution, and to request registration waivers for state-licensed dispensaries. The bill seeks to resolve the conflict between Hawaii's state-legal medical cannabis program and federal cannabis prohibition.

Why is this important

This addresses a genuine legal conflict: cannabis remains a Schedule I controlled substance federally, meaning state medical cannabis programs technically violate federal law. Patients and dispensaries operate in legal limbo—protected by state law but potentially subject to federal enforcement. An exemption or enforcement guidance from the DEA would provide meaningful legal protection for Hawaii's estimated medical cannabis patients and the businesses serving them.

Potential points of contention

  • Federal authority limits: The DEA has historically shown reluctance to grant exemptions, and it's unclear whether they possess statutory authority to do so; this request may be legally infeasible
  • False security: Even if granted, an exemption could be revoked by a future administration, and some legal experts question whether guidance alone adequately protects against federal prosecution
  • Political feasibility: The request depends on federal cooperation that may not materialize regardless of merit, potentially wasting resources on symbolic gestures rather than concrete protections

Compiled from official sources — confirm details with the bill’s official record.

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