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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.

2026 Regular Session Introduced by Terez Amato and 3 co-sponsors

Hawaii urges its Governor to negotiate DEA exemptions allowing registered medical cannabis patients and state-licensed dispensaries to operate without federal criminal liability.

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Bill Summary · HCR 170

Legislative bill overview

HCR 170 is a concurrent resolution urging Hawaii's Governor to pursue federal exemptions from the Drug Enforcement Administration (DEA) that would allow registered medical cannabis patients and state-licensed dispensaries to operate without federal criminal liability. The resolution seeks to align Hawaii's state-legal medical cannabis program with federal drug scheduling laws, which currently classify cannabis as a Schedule I controlled substance with no accepted medical use.

Why is this important

This addresses a fundamental legal conflict: Hawaii permits medical cannabis use and licensed dispensaries at the state level, but federal law still classifies these activities as felonies. Without DEA exemptions, patients, dispensary operators, and healthcare providers technically violate federal law despite complying with state law. This creates real barriers to banking services, insurance, research, and legal protection for participating individuals and businesses.

Potential points of contention

  • Feasibility concerns: The DEA has historically resisted such exemptions; obtaining them would require extraordinary political leverage and may be functionally impossible under current federal policy without broader cannabis rescheduling
  • Federal supremacy question: Some argue this resolution asks the Governor to pursue something outside state authority, as federal drug policy is exclusively a federal matter
  • Incomplete solution: Even if successful, DEA exemptions would only protect against federal prosecution—state-level patient and business protections already exist, so the practical benefit may be limited to federal interaction concerns

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

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