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Senate panel backs overdose prevention centers bill, AG warns of federal legal risks
Summary
The Senate committee advanced SB 9-57 to allow overdose prevention centers with attorney general-recommended amendments after Department of Health testimony and broad support from public health groups, amid AG warnings about 21 U.S.C. §856.
The Senate Committee on Health and Human Services voted to advance Senate Bill 9-57, which would authorize overdose prevention centers (OPCs) that provide supervised consumption and harm-reduction services for people who use illicit drugs.
Tim McCormick of the Department of Health told the committee overdose prevention centers are an "evidence-based intervention" that can prevent overdose deaths, reduce public drug use and connect people to treatment. "These facilities aim to prevent deaths, injuries, and infections among people who use illegal drugs and are not yet ready or able to quit using drugs," McCormick said.
The Attorney General’s Office cautioned that federal law could hinder implementation. Deputy Attorney General Blair Goto told the committee that federal statute prohibits maintaining a place for others to use controlled substances and outlined severe penalties. "The penalties for violating section 856 of 21 United States Code include civil penalties of up to $250,000 [and] criminal penalties of up to 25 years imprisonment," Goto said, adding that such penalties make finding an operator "unlikely." The AG offered technical amendments in written testimony if the committee wished to advance the bill.
Public-health and harm-reduction groups, including the Hawaii Health and Harm Reduction Center, testified in strong support, citing international and domestic evidence that supervised consumption sites reduce overdose deaths and do not increase crime.
The committee accepted the attorney general’s recommended amendments to section 5(a) and advanced the bill with technical corrections and a defective date in the bill text. The committee’s action does not appropriate funds; the adopted amendment package directs further work on statutory language to address federal-law concerns and implementation safeguards.
What's next: Sponsors must reconcile AG-recommended language and clarify how centers would operate within federal legal constraints if the bill moves to final passage.
