Bill Text: HI SB113 | 2011 | Regular Session | Amended
Bill Title: Medical Cannabis; Research Program
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Engrossed - Dead) 2011-03-10 - (H) Referred to PBM/HLT, JUD, FIN, referral sheet 33 [SB113 Detail]
Download: Hawaii-2011-SB113-Amended.html
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THE SENATE |
S.B. NO. |
113 |
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TWENTY-SIXTH LEGISLATURE, 2011 |
S.D. 2 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO MEDICAL CANNABIS RESEARCH.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature recognizes that the use of medical cannabis warrants further research. As with other medications, this is done by conducting formal peer-reviewed research that investigates the chemical composition and therapeutic effects of medical cannabis in a controlled pre-clinical and clinical laboratory setting. It is also important that research be conducted on the unique strains of cannabis that have been developed in Hawaii.
The purpose of this Act is to establish a three-year pilot medical cannabis research program in the State to provide a means by which a team of qualified researchers could undertake medical cannabis research involving local qualifying medical cannabis patients under the protection of state law.
SECTION 2. (a) There is established in the department of public safety a pilot medical cannabis research program. An individual or organization seeking to conduct a medical cannabis research project shall register pursuant to application with the narcotics enforcement division of the department of public safety.
No individual participating in the pilot medical cannabis research program shall have a criminal record. The department of public safety may conduct criminal background checks on employees and staff of any individual or organization that registers to conduct medical cannabis research through the pilot program.
Upon approval of an application, the department of public safety shall issue a permit to the applicant to conduct medical cannabis research under the pilot program. The department may charge a one time fee of $ to cover costs of the State for overseeing the licensing process over the period of the pilot program. The individual or organization shall submit an annual report on the purpose, status, and results of all completed and ongoing studies to the department.
(b) Any individual or organization conducting research under the pilot program pursuant to this Act shall be responsible for providing and maintaining a dedicated research facility and may be funded by public or private sources.
All cultivation of cannabis for research under the pilot program shall take place in an enclosed, secured facility. All facilities containing inventories of cannabis shall be equipped with twenty-four hour indoor and outdoor video surveillance with digital archiving capability and a fully operational security system to deter and prevent unauthorized entrance. Access to these facilities shall be limited to the principal researcher and employees of the research facility, when acting in their official capacity, and qualifying patients participating in the research program who have registered the individual or organization conducting the research as a primary caregiver in accordance with subsection (d).
Upon twenty-four hour written notice, departmental staff authorized by the director of public safety may inspect the premises of any research facility.
(c) Research protocols that involve human subjects shall:
(1) Receive approval from an institutional review board; and
(2) Comply with all provisions of part IX of chapter 329, Hawaii Revised Statutes.
For the purpose of this section, "institutional review board" means an institutional review board established in accordance with Title 7 Code of Federal Regulations Section 1c.107, Title 10 Code of Federal Regulations Section 745.107, Title 14 Code of Federal Regulations Section 1230.107, Title 15 Code of Federal Regulations Section 27.107, Title 16 Code of Federal Regulations Section 1028.107, Title 21 Code of Federal Regulations Section 56.107, Title 22 Code of Federal Regulations Section 225.107, Title 24 Code of Federal Regulations Section 60.101, Title 28 Code of Federal Regulations Section 46.107, Title 32 Code of Federal Regulations Section 219.107, Title 34 Code of Federal Regulations Section 97.107, Title 38 Code of Federal Regulations Section 16.107, Title 40 Code of Federal Regulations Section 26.107, Title 45 Code of Federal Regulations Section 46.107, Title 45 Code of Federal Regulations Section 690.107, or Title 49 Code of Federal Regulations Section 11.107.
(d) Each qualifying patient participating in the research program shall register the individual or organization conducting the applicable research as the patient's primary caregiver. The number of cannabis plants jointly possessed by qualifying patients participating in the research program and the individual or organization conducting the research project shall not exceed an adequate supply for each patient, as defined in section 329-121, Hawaii Revised Statutes.
(e) Participants conducting research under the pilot program may begin to possess and grow cannabis plants as soon as the potential study protocol has received institutional review board approval.
(f) An individual or organization conducting research under the pilot program may accept cannabis plants and seeds for study from a qualifying patient participating in the pilot program who has registered the individual or organization as the patient's primary caregiver in accordance with subsection (d).
(g) At any time following a sixty-day written notice for violation of any provision of this section, the director of public safety may terminate or void a permit for medical cannabis research under the pilot program.
(h) Notwithstanding section 329-123, Hawaii Revised Statutes, there shall be not more than one hundred qualifying patients for each primary caregiver at any given time for purposes of the pilot research program.
(i) The pilot medical cannabis research program shall cease operation on December 31, 2015.
SECTION 3. This Act shall take effect on July 1, 2050; provided that this Act shall be repealed on December 31, 2015.
Report Title:
Medical Cannabis; Research Program
Description:
Establishes a 3-year pilot medical cannabis research program in the State to provide a means by which a team of qualified researchers would undertake medical cannabis research involving local qualifying medical cannabis patients. Effective 7/1/2050. Sunsets 12/31/2015. (SD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
