PART II. 
STANDARDS AND SCHEDULES



 



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



(1)  The actual or probable abuse of the substance
including:



(A)  Its history and current pattern of abuse;



(B)  The scope, duration, and significance of
abuse; and



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



(2)  The biomedical hazard of the substance including:



(A)  Its pharmacology:  the effects and
modifiers of effects of the substance;



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



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



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



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



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



(5)  The current state of scientific knowledge
regarding the substance.



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



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



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



(e)  The administrator may make an emergency
scheduling by placing a substance into schedule I, II, III, IV, or V on a
temporary basis, if the administrator determines the action is necessary to
address or avoid a current or imminent danger to the health and safety of the
public.  If a substance is added or rescheduled under this subsection, the
control shall be temporary and, if the next regular session of the state
legislature has not enacted the corresponding changes in this chapter, the
temporary 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 L
1997, c 280, §1 and c 356, §6]