THE SENATE	S.B. NO.	465
THIRTY-SECOND LEGISLATURE, 2023		S.D. 2
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO MEDICAL CANNABIS.

 

 

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

 

     SECTION 1.  The legislature finds that restricting the interisland transportation of cannabis by patients for their personal medical use is contrary to the intent of Hawai‘i laws that authorize qualifying patients to use medical cannabis.

     Accordingly, the purpose of this Act is to protect the rights of qualifying patients to use medical cannabis by specifically authorizing the interisland transportation of cannabis for personal medical use; provided that no individual or entity shall be required to violate federal law with regard to the interstate transport of cannabis.

     SECTION 2.  Section 329-122, Hawaii Revised Statutes, is amended by amending subsection (f) to read as follows:

     "(f)  For the purposes of this section, "transport" means the transportation of cannabis, usable cannabis, or any manufactured cannabis product between:

     (1)  A qualifying patient and the qualifying patient's primary caregiver;

     (2)  A qualifying out-of-state patient under eighteen years of age and the caregiver of a qualifying out-of-state patient;

     (3)  The production centers and the retail dispensing locations under a dispensary licensee's license;

     (4)  Dispensaries, to the extent authorized by section 329D-6(r); or

     (5)  A production center, retail dispensing location, qualifying patient, primary caregiver, qualifying out-of-state patient, or caregiver of a qualifying out-of-state patient and a certified laboratory for the purpose of laboratory testing; provided that a qualifying patient, primary caregiver, qualifying out-of-state patient, or caregiver of a qualifying out-of-state patient may only transport up to one gram of cannabis per test to a certified laboratory for laboratory testing and may only transport the product if the qualifying patient, primary caregiver, qualifying out-of-state patient, or caregiver of a qualifying out-of-state patient:

          (A)  Secures an appointment for testing at a certified laboratory;

          (B)  Obtains confirmation, which may be electronic, that includes the specific time and date of the appointment and a detailed description of the product and amount to be transported to the certified laboratory for the appointment; and

          (C)  Has the confirmation, which may be electronic, available during transport.

     For purposes of interisland transportation, "transport" of cannabis, usable cannabis, or any manufactured cannabis product, by any means is allowable only by a qualifying patient or qualifying out-of-state patient for the patient's personal medical use, between dispensaries to the extent authorized by section 329D-6(r) [and], or between a production center or retail dispensing location and a certified laboratory for the sole purpose of laboratory testing pursuant to section 329D-8, as permitted under section 329D-6(m) and subject to section 329D‑6(j)[,]; provided that no individual or entity shall be required to violate federal law with regard to the interstate transport of cannabis, and with the understanding that state law and its protections [do not apply outside of] apply only within the jurisdictional limits of the State[.], which extend twelve nautical miles from the perimeter of each island and connect Oahu, Maui, Molokai, Lanai, and Kahoolawe.  [Allowable transport pursuant to this section does not include interisland transportation by any means or for any purpose between a qualifying patient, primary caregiver, qualifying out-of-state patient, or caregiver of a qualifying out-of-state patient and any other entity or individual, including an individual who is a qualifying patient, primary caregiver, qualifying out-of-state patient, or caregiver of a qualifying out-of-state patient.]"

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on December 31, 2050.

 

 

Report Title:

Cannabis; Medical Use; Interisland Transportation; Authorization

 

Description:

Authorizes qualifying patients and qualifying out-of-state patients to transport cannabis between islands of the State for personal medical use; provided that no individual or entity shall be required to violate federal law with regard to the interstate transport of cannabis.  Effective 12/31/2050.  (SD2)

 

 

 

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