Bill Text: HI HB1217 | 2024 | Regular Session | Amended
Bill Title: Relating To Medical Cannabis.
Spectrum: Partisan Bill (Democrat 11-0)
Status: (Engrossed - Dead) 2024-03-20 - Received notice of all Senate conferees being discharged (Sen. Com. No. 340). [HB1217 Detail]
Download: Hawaii-2024-HB1217-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1217 |
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THIRTY-SECOND LEGISLATURE, 2023 |
H.D. 2 |
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STATE OF HAWAII |
S.D. 1 |
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A BILL FOR AN ACT
RELATING TO MEDICAL CANNABIS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 329-41, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) It is unlawful for any person:
(1) Who is subject to
part III to distribute, administer, prescribe, or dispense a controlled
substance in violation of section 329-38 or rules authorized under section
329-31; however, a licensed manufacturer or wholesaler may sell or dispense a
controlled substance to a master of a transpacific ship or a person in charge
of a transpacific aircraft upon which no physician is regularly employed, for the
actual medical needs of persons on board [such] the ship or
aircraft when not in port; provided that schedule I or II controlled
substances shall be sold to the master of [such] the ship or
person in charge of [such] the aircraft only in accordance with the
provisions [set forth in] of title 21 Code of Federal Regulations[,]
sections 1301, 1305, and 1307, adopted pursuant to [Title] title
21[,] United States Code[,] section 821;
(2) Who is a registrant to manufacture a controlled substance not authorized by the registrant's registration or to distribute or dispense a controlled substance not authorized by the registrant's registration to another registrant or another authorized person;
(3) To refuse or fail to make available, keep, or furnish any record, notification, order form, prescription, statement, invoice, or information in patient charts relating to the administration, dispensing, or prescribing of controlled substances;
(4) To refuse any lawful entry into any premises for any inspection authorized by this chapter;
(5) Knowingly to keep
or maintain any store, shop, warehouse, dwelling, building, vehicle, boat,
aircraft, or other structure or place for the purpose of using these substances
or [which] that is used for keeping or selling them in violation
of this chapter or chapter 712, part IV;
(6) Who is a practitioner or pharmacist to dispense a controlled substance to any individual not known to the practitioner or pharmacist, except under the following circumstances:
(A) When dispensing a controlled substance directly to an individual, the practitioner or pharmacist shall first obtain and document, in a log book or an electronic database, the full name, identification number, identification type, and signature, whether by actual signature or by electronic signature capture device, of the individual obtaining the controlled substance. If the individual does not have any form of proper identification, the pharmacist shall verify the validity of the prescription and identity of the patient with the prescriber, or their authorized agent, before dispensing the controlled substance; and
(B) For mail order
prescriptions, the practitioner or pharmacist shall not be subject to
subparagraph (A); provided that all other requirements of chapter 329 shall
apply and that the practitioner or pharmacist, as part of the initial
registration process of an individual in a mail order prescription drug plan
and prior to the controlled substance being dispensed, shall obtain all
identification information, including the full name, identification number,
identification type, signature, and a photocopy of a form of proper
identification of the individual obtaining the controlled substance. The practitioner or pharmacist shall also
comply with other requirements [set forth] established by rule.
For the purpose of this section, "proper identification" means government-issued identification containing the photograph, printed name, identification number, and signature of the individual obtaining the controlled substance;
(7) Who is a
practitioner to predate or pre-sign prescriptions to facilitate the obtaining
or attempted obtaining of controlled substances; [or]
(8) Who is a
practitioner to facilitate the issuance or distribution of a written prescription
or to issue an oral prescription for a controlled substance when not physically
in the State[.]; or
(9) To cultivate, produce, manufacture, distribute, or dispense cannabis for medical use if the person is not authorized pursuant to chapter 329, part IX, or chapter 329D."
SECTION 2. Section 329-121, Hawaii Revised Statutes, is amended by amending the definition of "medical use" to read as follows:
""Medical use" means
the acquisition, possession, cultivation, use, distribution, or transportation
of cannabis or paraphernalia relating to the administration of cannabis to
alleviate the symptoms or effects of a qualifying patient's debilitating
medical condition; provided that "medical use" does not include the
cultivation or distribution of cannabis or paraphernalia by a qualifying
out-of-state patient or the
caregiver of a qualifying out-of-state patient. For the purposes of "medical use",
the term "distribution" is limited to the transfer of cannabis and
paraphernalia[.] from the qualifying patient's registered primary
caregiver to the qualifying patient."
SECTION 3. Section 329-122, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:
"(e) The authorization for the medical use of cannabis in this section shall not apply to:
(1) The medical use of cannabis that endangers the health or well-being of another person;
(2) The medical use of cannabis:
(A) In a school bus, public bus, or any moving vehicle;
(B) In the workplace of one's employment;
(C) On any school grounds;
(D) At any public park, public beach, public recreation center, or recreation or youth center; or
(E) At any other place
open to the public; provided that a qualifying patient, primary caregiver,
qualifying out-of-state patient, caregiver of a qualifying out-of-state
patient, or an owner or employee of a medical cannabis dispensary licensed
under chapter 329D shall not be prohibited from transporting cannabis or any
manufactured cannabis product, as that term is defined in section 329D-1, in
any public place; provided further that the cannabis or manufactured cannabis
product shall be transported in a sealed container, not be visible to the
public, and shall not be removed from its sealed container or consumed or used
in any way while it is in the public place; [and]
(3) The use of
cannabis by a qualifying patient, parent, primary caregiver, qualifying
out-of-state patient, or caregiver of a qualifying out-of-state patient, for
purposes other than medical use permitted by this part[.]; and
(4) The cultivation, handling, or possession of a qualifying patient's cannabis for medical use, unless the person is the qualifying patient or the qualifying patient's registered primary caregiver."
SECTION 4. Section 329-123, Hawaii Revised Statutes, is amended as follows:
1. By amending subsection (a) to read:
"(a) Physicians or advanced practice registered nurses who issue written certifications shall provide, in each written certification, the name, address, patient identification number, and other identifying information of the qualifying patient. The department of health shall require, in rules adopted pursuant to chapter 91, that all written certifications comply with a designated form completed by or on behalf of a qualifying patient. The form shall require information from the applicant, primary caregiver, and physician or advanced practice registered nurse as specifically required or permitted by this chapter. The form shall require the address of the location where the cannabis is grown and shall appear on the registry card issued by the department of health. No more than fifty qualifying patients may use a particular location to cultivate cannabis; provided that this limitation shall not apply to qualifying patients who obtain a written exemption from the department of health. The certifying physician or advanced practice registered nurse shall be required to have a bona fide physician-patient relationship or bona fide advanced practice registered nurse‑patient relationship, as applicable, with the qualifying patient. All current active medical cannabis permits shall be honored through their expiration date."
2. By amending subsection (c) to read:
"(c) Primary caregivers shall register with the
department of health. Every primary
caregiver shall be responsible for the care of only one qualifying patient at
any given time, unless the
primary caregiver is the parent, guardian, or person having legal custody of
more than one minor qualifying patient, in which case the primary caregiver may
be responsible for the care of more than one minor qualifying patient at any
given time; provided that the primary caregiver is the parent, guardian, or
person having legal custody of all of the primary caregiver's qualifying
patients. The department of health may
permit registration of up to two primary caregivers for a minor qualifying
patient; provided that both primary caregivers are the parent, guardian, or
person having legal custody of the minor qualifying patient. A primary caregiver shall not use a
qualifying patient's cannabis, nor shall the primary caregiver accept a
qualifying patient's cannabis as compensation for the primary caregiver's
services."
SECTION 5. Section 329-125, Hawaii Revised Statutes, is amended to read as follows:
"§329-125 Protections afforded to a qualifying patient, primary caregiver, qualifying out-of-state patient, or caregiver of a qualifying out-of-state patient. (a) A qualifying patient, primary caregiver, qualifying out-of-state patient, or caregiver of a qualifying out-of-state patient may assert the medical use of cannabis authorized under this part as an affirmative defense to any prosecution involving marijuana under this part, part IV, or part IV of chapter 712; provided that the qualifying patient, primary caregiver, qualifying out-of-state patient, or caregiver of a qualifying out-of-state patient strictly complied with the requirements of this part.
(b)
Any qualifying patient, primary caregiver, qualifying out-of-state patient,
or caregiver of a qualifying out-of-state patient not complying with the
permitted scope of the medical use of cannabis shall not be afforded the
protections against searches and seizures pertaining to the misapplication of
the medical use of cannabis. To the
extent the department is authorized by this chapter, the department may conduct
inspections of grow sites to verify a person's compliance with this chapter.
(c) A person who is not a qualifying patient, primary caregiver, qualifying out-of-state patient, or caregiver of a qualifying out-of-state patient or medical cannabis dispensary under chapter 329D shall not:
(1) Be afforded any protections against searches and seizures pertaining to the misapplication of the medical use of cannabis, other than the protections provided under constitutional law;
(2) Cultivate,
produce, manufacture, distribute or dispense cannabis; or
(3) Receive
compensation, cannabis or cannabis products, or engage in other related
business transactions arising out of the production, manufacture, sale, or
distribution of cannabis intended for medical use.
[(c)] (d) No person shall be subject to arrest or
prosecution for simply being in the presence or vicinity of the medical use of
cannabis as permitted under this part.
(e) No person shall mischaracterize or disguise
transactions arising out of the production, manufacture, sale, or distribution
of cannabis intended for medical use as another type of compensation or
expense."
SECTION 6. Section 329-129, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) No qualifying patient, primary caregiver,
qualifying out-of-state patient, or caregiver of a qualifying out-of-state
patient shall use butane or any other flammable solvent to [extract
tetrahydrocannabinol from] process cannabis plants[.] or
manufacture cannabis products."
SECTION 7. Section 329-130, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"§329-130 Authorized sources of medical cannabis. (a) After December 31, 2024, a qualifying patient shall obtain medical cannabis or manufactured cannabis products only:
(1) From a dispensary licensed pursuant to chapter 329D; provided that the cannabis shall be purchased and paid for at the time of purchase; or
(2) By cultivating
cannabis in an amount that does not exceed an adequate supply for the
qualifying patient, pursuant to section 329-122; provided that each location
used to cultivate cannabis shall be used by no more than [five] fifty
qualifying patients.
After December 31, 2024, [no] only a
qualifying patient or their designated primary caregiver shall be
authorized to cultivate cannabis [for any qualifying patient.
(b) This section shall not apply to:
(1) A qualifying
patient who is a minor or an adult lacking legal capacity and the primary
caregiver is the parent, guardian, or person having legal custody of a
qualifying patient described in this paragraph; or
(2) A qualifying
patient on any island on which there is no medical cannabis dispensary licensed
pursuant to chapter 329D].
[(c)] (b)
A qualifying out-of-state patient and a caregiver of a qualifying
out-of-state patient shall be authorized to obtain cannabis for medical use
only from retail dispensing locations of dispensaries licensed pursuant to
chapter 329D."
SECTION 8. Section 329D-2, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) The director of health shall grant medical cannabis dispensary licenses to allow dispensaries to produce, manufacture, and dispense cannabis and manufactured cannabis products pursuant to this chapter. No person shall produce, manufacture, or dispense cannabis or manufactured cannabis products without a dispensary license unless authorized pursuant to part IX of chapter 329."
SECTION 9. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 10. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 11. This Act shall take effect on June 30, 2050.
Report Title:
Cannabis; Medical Use; Patients; Caregivers; Cultivation; Grow Sites
Description:
Prohibits any person other than those authorized pursuant to chapter 329, part IX or chapter 329D, Hawaii Revised Statutes, from cultivating, producing, manufacturing, distributing, possessing, or dispensing cannabis for medical use. Clarifies that the definition of "distribution" within the definition of "medical use" is limited to the transfer of cannabis and cannabis paraphernalia from the qualifying patient's registered primary caregiver to the qualifying patient. Clarifies that the authorization for the medical use of cannabis does not apply to the cultivation, handling, or possession of a qualifying patient's cannabis for medical use, unless the person is the qualifying patient or the qualifying patient's registered primary caregiver. Increases the restriction on the number of qualifying patients who may use a grow site to fifty, unless an exemption is obtained by the Department of Health, and authorizes the Department of Public Safety to inspect grow sites for compliance. Establishes that a person who is not a qualifying patient, primary caregiver, qualifying out-of-state patient, or caregiver of a qualifying out-of-state patient or medical cannabis dispensary under chapter 329D, Hawaii Revised Statutes, shall not be afforded certain protections. Authorizes only a qualifying patient or their designated primary caregiver to cultivate cannabis after December 31, 2024. Repeals a provision in existing law that exempts certain qualifying patients from obtaining medical cannabis or manufactured cannabis products from authorized sources. Prohibits the mischaracterization or disguise of transactions arising out of the production, manufacture, sale, or distribution of cannabis intended for medical use as another type of compensation or expense. Clarifies that no qualifying patient, primary caregiver, qualifying out-of-state patient, or caregiver of a qualifying out-of-state patient shall use butane or any other flammable solvent to process cannabis plants or manufacture cannabis products. Prohibits a person from producing, manufacturing, or dispensing cannabis or manufactured cannabis products without a dispensary license unless authorized. Effective 6/30/2050. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
