STAND. COM. REP. NO. 1504-26

Honolulu, Hawaii

, 2026

RE: S.B. No. 2418

S.D. 1

H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Madame:

Your Committee on Health, to which was referred S.B. No. 2418, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO CONTROLLED SUBSTANCES,"

begs leave to report as follows:

The purpose of this measure is to amend the Uniform Controlled Substances Act to remove certain items from being considered drug paraphernalia under the Uniform Controlled Substances Act.

Your Committee received testimony in support of this measure from the Drug Policy Forum of Hawaiʻi; Hep Free Hawaii; Hawaiʻi Health & Harm Reduction Center; and six individuals. Your Committee received testimony in opposition to this measure from the Department of the Attorney General; Department of the Prosecuting Attorney of the County of Maui; Kauaʻi Police Department; Hawaii Police Department; Office of the Prosecuting Attorney of the County of Hawaiʻi; Honolulu Police Department; Hawaii High Intensity Drug Trafficking Area; and one individual. Your Committee received comments on this measure from the Department of Health and Department of Law Enforcement.

Your Committee finds that despite several reports by leading public health organizations that criminalization-based drug policies result in worse health outcomes for individuals who use drugs by creating barriers to accessing sterile and safer-use supplies, increasing the risk of overdose and transmission of infectious diseases such as HIV and hepatitis C, and diverting limited public resources away from prevention and treatment efforts, possession of drug paraphernalia continues to serve as an entry point into the criminal legal system in Hawaii. Your Committee further finds that repealing the law that prohibits drug paraphernalia can strengthen existing public health programs, reduce preventable harm, and advance health equality for communities across the State.

Your Committee also finds that the companion to this measure, H.B. No. 1549, H.D. 1 (Regular Session of 2026), was previously passed by your Committee.

Your Committee has amended this measure by deleting its contents and inserting the contents of H.B. No. 1549, H.D. 1, a measure that:

(1) Repeals the law prohibiting drug paraphernalia under the Uniform Controlled Substances Act; and

(2) Contains an effective date of July 1, 3000, to encourage further discussion.

As affirmed by the record of votes of the members of your Committee on Health that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2418, S.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2418, S.D. 1, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committee on Health,

____________________________

GREGG TAKAYAMA, Chair