PART II. STANDARDS AND SCHEDULES

 

§329-11  Authority to schedule controlledsubstances.  (a)  Annually, upon the convening of each regular session ofthe state legislature, the department of public safety shall report to thelegislature additions, deletions, or revisions in the schedules of substancesenumerated in sections 329-14, 329-16, 329-18, 329-20, and 329-22, and anyother recommendations that it deems necessary.  Three months prior to theconvening of each regular session, the department of public safety shall postpublic notice, at the state capitol and in the office of the lieutenantgovernor for public inspection, of the department’s recommendations to thelegislature concerning any additions, deletions, or revisions in theseschedules; provided that the posting shall not be required if official noticehas been received that the substance has been added, deleted, or rescheduled asa controlled substance under federal law.  In making a determination regardinga substance, the department of public safety shall assess the degree of dangeror probable danger of the substance by considering the following:

(1)  The actual or probable abuse of the substanceincluding:

(A)  Its history and current pattern of abuse;

(B)  The scope, duration, and significance ofabuse; and

(C)  A judgment of the degree of actual orprobable detriment that may result from the abuse of the substance;

(2)  The biomedical hazard of the substance including:

(A)  Its pharmacology:  the effects andmodifiers of effects of the substance;

(B)  Its toxicology:  the acute and chronictoxicity, interaction with other substances whether controlled or not, andliability to psychic or physiological dependence;

(C)  Risk to public health and particularsusceptibility of segments of the population; and

(D)  Existence of therapeutic alternatives forsubstances that are or may be used for medical purposes;

(3)  A judgment of the probable physical and socialimpact of widespread abuse of the substance;

(4)  Whether the substance is an immediate precursorof a substance already controlled under this part; and

(5)  The current state of scientific knowledgeregarding the substance.

(b)  After considering the factors enumeratedin subsection (a), the department of public safety shall make a recommendationto the legislature, specifying to what schedule the substance should be added,deleted, or rescheduled if it finds that the substance has a degree of dangeror probable danger.  The department of public safety may make itsrecommendation to the legislature prior to the submission of its annual report,in which case the department of public safety shall publish and give notice tothe public of the recommendation.

(c)  If the legislature designates a substanceas an immediate precursor, substances that are precursors of the controlledprecursor shall not be subject to control solely because they are precursors ofthe controlled precursor.

(d)  If a substance is added, deleted, orrescheduled as a controlled substance under federal law and notice of thedesignation is given to the department of public safety, the department ofpublic safety shall recommend that a corresponding change in Hawaii law bemade.  The department of public safety shall similarly designate the substanceas added, deleted, or rescheduled under this chapter, after the expiration ofthirty days from publication in the Federal Register of a final order, and thischange shall have the effect of law.  If a substance is added, deleted, orrescheduled under this subsection, the control shall be temporary and, if thenext regular session of the state legislature has not made the correspondingchanges in this chapter, the temporary designation of the added, deleted, orrescheduled substance shall be nullified.

(e)  The administrator may make an emergencyscheduling by placing a substance into schedule I, II, III, IV, or V on atemporary basis, if the administrator determines the action is necessary toaddress or avoid a current or imminent danger to the health and safety of thepublic.  If a substance is added or rescheduled under this subsection, thecontrol shall be temporary and, if the next regular session of the statelegislature has not enacted the corresponding changes in this chapter, thetemporary designation of the added or rescheduled substance shall be nullified.[L 1972, c 10, pt of §1; am L 1987, c 113, §1; am L 1990, c 281, §10; am L1997, c 280, §1 and c 356, §6]