THE SENATE	S.B. NO.	1139
THIRTY-FIRST LEGISLATURE, 2021		S.D. 2
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO THE OFFICE OF MEDICAL CANNABIS CONTROL AND REGULATION.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  The legislature finds that Act 159, Session Laws of Hawaii 2018, established the office of medical cannabis control and regulation (OMCCR) under the health resources administration of the department of health to administer medical cannabis dispensary licensure and regulation pursuant to chapter 329D, Hawaii Revised Statutes, and the registration of qualifying patients and primary caregivers pursuant to chapter 329, part IX, Hawaii Revised Statutes.

     The purpose of this Act is to allow the department of health to fully operationalize the office of medical cannabis control and regulation to ensure patient access and regulatory oversight of the licensed dispensaries by:

     (1)  Appropriating moneys from the medical cannabis registry and regulation special fund for OMCCR positions and operations;

     (2)  Establishing, hiring, and filling three new permanent full-time equivalent positions (3.0 FTE) funded by the medical cannabis registry and regulation special fund; and

     (3)  Authorizing the department of health to adopt administrative rules to establish patient registration fees beginning in fiscal year 2022.

     SECTION 2.  Section 329-123, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  Qualifying patients shall register with the department of health.  The registration shall be effective until the expiration of the certificate issued by the department of health and signed by the physician or advanced practice registered nurse.  Every qualifying patient shall provide sufficient identifying information to establish the personal identities of the qualifying patient and the primary caregiver.  Qualifying patients shall report changes in information within ten working days.  Every qualifying patient shall have only one primary caregiver at any given time.  The department of health shall issue to the qualifying patient a registration certificate[,] and [shall] may charge [$35 per year.] a fee for the certificate as adopted by rules pursuant to chapter 91."

     SECTION 3.  Section 329-123.5, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:

     "(e)  Each qualifying out-of-state patient shall pay a fee [of $45] in an amount adopted by the department pursuant to chapter 91 for each registration and renewal."

     SECTION 4.  There is appropriated out of the medical cannabis registry and regulation special fund, established pursuant to section 321-30.1, Hawaii Revised Statutes, the sum of $           or so much thereof as may be necessary for fiscal year 2021-2022 and the same sum or so much thereof as may be necessary for fiscal year 2022-2023 for staff and operations of the office of medical cannabis control and regulation, including the establishment of three permanent full-time equivalent (3.00 FTE) positions.

     The sums appropriated shall be expended by the department of health for the purposes of this Act.

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect on July 1, 2050; provided that section 4 shall take effect on July 1, 2051.

 

 

Report Title:

DOH; Office of Medical Cannabis Control and Regulation; Fees

 

Description:

Authorizes the department of health to set patient registration fees by administrative rulemaking, adds 3.0 FTE positions for staff and operations of the office of medical cannabis control and regulation.  Appropriates moneys from the medical cannabis registry and regulation special fund for positions and operations.  Effective 7/1/2050.  Appropriates moneys effective on 7/1/2051.  (SD2)

 

 

 

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