Bill Text: HI SB3278 | 2024 | Regular Session | Introduced
Bill Title: Relating To Medical Cannabis.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced) 2024-01-29 - Referred to HHS/CPN, JDC/WAM. [SB3278 Detail]
Download: Hawaii-2024-SB3278-Introduced.html
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THE SENATE |
S.B. NO. |
3278 |
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THIRTY-SECOND LEGISLATURE, 2024 |
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STATE OF HAWAII |
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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 2. Section 329-121, Hawaii Revised Statutes, is amended as follows:
1. By adding a new definition to be appropriately inserted and to read:
""Cannabis plant" means a plant of the genus Cannabis that is greater than twelve vertical inches in height from where the base of the stalk emerges from the growth medium to the tallest point of the plant, or greater than twelve horizontal inches in width from the end of one branch to the end of another branch; provided that multiple stalks emanating from the same root ball or root system shall be considered part of the same single plant."
2. By amending the definition of "adequate supply" to read: ""Adequate supply" means
an amount of [medical] cannabis jointly possessed between the qualifying
patient and the primary caregiver that is not more than is reasonably necessary
to ensure the uninterrupted availability of cannabis for the purpose of
alleviating the symptoms or effects of a qualifying patient's debilitating
medical condition; provided that an "adequate supply" shall not
exceed: ten cannabis plants[, whether
immature or mature,] and four ounces of usable cannabis at any given time[.],
or an amount determined by the
certifying
physician or certifying advanced practice registered nurse. The [four ounces] adequate supply
[of usable cannabis]
obtained from a dispensary shall include any
combination of [usable] cannabis and manufactured cannabis products, as
provided in chapter 329D, with the cannabis in the manufactured cannabis
products being calculated using information provided pursuant to section 329D-9(c)."
3. By amending the definition of "advanced practice registered nurse" to read:
""Advanced
practice registered nurse" means [an advanced practice registered nurse
with prescriptive authority as described in section 457-8.6 and registered
under section 329-32.] a person licensed to practice under chapter 457."
4. By amending the definitions of "debilitating medical condition", "medical use", and "physician" to read:
""Debilitating
medical condition" means[:
(1) Cancer, glaucoma, lupus, epilepsy,
multiple sclerosis, rheumatoid arthritis, positive status for human
immunodeficiency virus, acquired immune deficiency syndrome, or the treatment
of these conditions;
(2) A chronic or debilitating disease or
medical condition or its treatment that produces one or more of the following:
(A) Cachexia or wasting syndrome;
(B) Severe pain;
(C) Severe nausea;
(D) Seizures, including those
characteristic of epilepsy;
(E) Severe and persistent muscle spasms,
including those characteristic of multiple sclerosis or Crohn's disease; or
(F) Post-traumatic stress disorder; or
(3) Any other medical condition approved
by the department of health pursuant to administrative rules in response to a
request from a physician or advanced practice registered nurse or potentially
qualifying patient.] a medical condition for which the certifying
physician or certifying advanced practice registered nurse has determined that the medical
use of cannabis is
appropriate.
"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"[,] for qualifying patients,
the term "distribution" is limited to the transfer of cannabis and
paraphernalia[.] between qualifying patients.
"Physician"
means a person who is licensed to practice under chapter 453 [and is
licensed with authority to prescribe drugs and is registered under section
329-32]. "Physician" does
not include a physician assistant as described in section 453-5.3."
5. By amending the definitions of "usable cannabis"
and "written certification" to read:
""Usable
cannabis" means the dried leaves and flowers of the plant genus Cannabis
[family Moraceae], and any mixture or preparation thereof, including
hash and rosin, that are appropriate for [the] each patient's
medical use of cannabis. "Usable
cannabis" does not include the seeds, stalks, and roots of the plant.
"Written
certification" means the qualifying patient's medical records or a
statement signed by a qualifying patient's physician or advanced practice
registered nurse, stating that in the physician's or advanced practice
registered nurse's professional opinion, the qualifying patient has a debilitating
medical condition and the potential benefits of the medical use of cannabis
would likely outweigh the health risks for the qualifying patient. The department of health [may] shall
require, through its rulemaking authority, that all written certifications
comply with a designated form.
"Written certifications" are valid for one year from the time
of signing[; provided that the department of health may
allow for the validity of any written certification for three years if the
qualifying patient's physician or advanced practice registered nurse states
that the patient's debilitating medical condition is chronic in nature]."
SECTION 3. Section 329-122, Hawaii Revised Statutes, is amended as follows:
1. By amending subsections (c) and (d) to read:
"(c) Notwithstanding any law to the contrary, the medical use of cannabis within the State by a qualifying out-of-state patient aged eighteen years or older legally authorized to use cannabis for medical purposes in another state, a United States territory, or the District of Columbia shall be permitted only if the qualifying out-of-state patient:
(1) [Provides to the department of
health a valid medical use of cannabis card with an explicit expiration date
that has not yet passed from the issuing jurisdiction and a valid photographic
identification card or driver's license issued by the same jurisdiction;] Possesses a valid registration card from another medical cannabis
state;
(2) [Attests under penalty of law
pursuant to section 710-1063 that the condition for which the qualifying
out-of-state patient is legally authorized to use cannabis for medical purposes
is a debilitating medical condition as defined in section 329-121;] Possesses
valid government-issued identification; and
[(3) Provides consent for the department
of health to obtain information from the qualifying out-of-state patient's
certifying medical provider and from the entity that issued the medical
cannabis card for the purpose of allowing the department of health to verify
the information provided in the registration process;
(4) Pays the required fee for
out-of-state registration to use cannabis for medical purposes;
(5) Registers with the department of
health pursuant to section 329-123.5 to use cannabis for medical purposes;
(6) Receives a medical cannabis registry
card from the department of health; and
(7)] (3)
Abides by all laws relating to the medical use of cannabis,
including not possessing an amount of cannabis that exceeds an adequate supply.
(d) Notwithstanding any law to the contrary, the medical use of cannabis by a qualifying out-of-state patient under eighteen years of age shall only be permitted if:
(1) The qualifying out-of-state patient
and the caregiver of the qualifying out-of-state patient [provides the
information required pursuant to subsection (c); and] possess a valid
registration card from another medical cannabis state;
(2) The qualifying out-of-state patient and the
caregiver of the qualifying out-of-state patient [consents in writing
to:
(A) Allow the qualifying out-of-state
patient's medical use of cannabis;
(B) Undertake the responsibility for
managing the well-being of the qualifying out-of-state patient who is under
eighteen years of age with respect to the medical use of cannabis; and
(C) Control the acquisition of the
cannabis, the dosage, and the frequency of the medical use of cannabis by the
qualifying out-of-state patient who is under eighteen years of age.] possess
a valid government-issued identification; and
(3) The qualifying out-of-state patient and the caregiver of the qualifying out-of-state patient abide by all laws relating to the medical use of cannabis, including not possessing an amount of cannabis that exceeds an adequate supply."
2. By amending subsection (f) to read
"(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 between dispensaries to the extent authorized by section
329D-6(r) and 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), [and] or by qualifying patients or qualifying out-of-state
patients for their own personal use, with the understanding that state law
and its protections do not apply outside of the jurisdictional limits of the
State. [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 4. Section 329-123, Hawaii Revised Statutes, is amended to read as follows:
"§329-123
Registration requirements; qualifying patients; primary caregivers. (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] adequate supply
determined by the certifying physician or certifying advanced
practice registered nurse and shall appear on
the registry card issued by 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.
(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.] written certification. 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] A
qualifying patient [shall have only one primary caregiver at any given time.]
may share a primary caregiver with nine other
registered patients. The
department of health shall issue to the qualifying patient a registration
certificate and may charge a fee for the certificate in an amount adopted by
rules pursuant to chapter 91.
(c) Primary caregivers shall register with the
department of health. [Every] A
primary caregiver [shall] may be responsible for the care of [only
one qualifying patient] ten qualifying patients 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.
(d) Upon inquiry by a law enforcement agency, which inquiry may be made twenty-four hours a day, seven days a week, the department of health shall immediately verify whether the subject of the inquiry has registered with the department of health and may provide reasonable access to the registry information for official law enforcement purposes.
(e) This section shall not apply to [registration
of] a qualifying out-of-state patient or a caregiver of a qualifying
out-of-state patient."
SECTION 5. Section 329-125.5, Hawaii Revised Statutes, is amended to read as follows:
"§329-125.5 Medical cannabis patient and caregiver protections. (a) No school shall refuse to enroll or otherwise penalize, and no landlord shall refuse to lease property to or otherwise penalize, a person solely for the person's status as a qualifying patient or primary caregiver in the medical cannabis program under this part, unless failing to do so would cause the school or landlord to lose a monetary or licensing-related benefit under federal law or regulation; provided that the qualifying patient or primary caregiver strictly complied with the requirements of this part; provided further that the qualifying patient or primary caregiver shall present a medical cannabis registry card or certificate and photo identification, to ensure that the qualifying patient or primary caregiver is validly registered with the department of health pursuant to section 329-123.
(b) For the purposes of medical care, including organ transplants, a registered qualifying patient's use of cannabis in compliance with this part shall be considered the equivalent of the use of any other medication under the direction of a physician and shall not constitute the use of an illicit substance or otherwise disqualify a registered qualifying patient from medical care.
(c) No qualifying patient or primary caregiver under this part shall be denied custody of, visitation with, or parenting time with a minor, and there shall be no presumption of neglect or child endangerment, for conduct allowed under this part; provided that this subsection shall not apply if the qualifying patient's or primary caregiver's conduct created a danger to the safety of the minor, as established by a preponderance of the evidence.
(d) Unless a failure to do so would cause the
employer to lose a monetary or licensing-related benefit under a contract or
federal law, an employer shall not discriminate against a person in hiring,
termination, or any term or condition of employment, other than that contained
in a collective bargaining agreement, if the discrimination is based upon
either of the following:
(1) The person's status as a cardholder;
or
(2) A registered qualifying patient's
positive drug test for cannabis components or metabolites, unless the
registered qualifying patient was impaired by cannabis during the hours of
employment;
provided
that nothing in this subsection shall abridge any existing right of an employer
to send an employee for medical evaluation when the employer has safety
concerns about the impairment of the employee; provided further that an
employer may take adverse action against or discipline an employee who uses or
possesses medical cannabis in the workplace and is impaired.
(e) In a potentially dangerous occupation, an
employer may use a fit—for—duty test as a risk—based assessment tool for a
registered
qualifying patient.
(f) No employer shall have any liability to any
employee who is injured or killed during the performance of the employee's job
if the employee's impairment by medical cannabis was the sole contributing
factor to the employee's death or injury.
[(d)]
(g) This section shall apply to
qualifying patients[,] and primary caregivers[,] who
are validly registered with the department of health, and qualifying out-of-state
patients[,] and caregivers of qualifying out-of-state patients who are [validly
registered with the department of health] recognized pursuant to
this part and the administrative rules of the department of health."
SECTION 6. Section 329-126, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) For purposes of this section, a bona fide
physician-patient relationship may be established via telehealth, as defined in
section 453-1.3(j), and a bona fide advanced practice registered nurse-patient
relationship may be established via telehealth, as defined in section 457-2[;
provided that treatment recommendations that include certifying a patient for
the medical use of cannabis via telehealth shall be allowed only after an
initial in-person consultation between the certifying physician or advanced
practice registered nurse and the patient]."
SECTION 7. Section 329-130, Hawaii Revised Statutes, is amended to read as follows:
"§329-130
Authorized sources of medical cannabis. (a) [After
December 31, 2024, a] 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] ten qualifying patients[.];
provided further that more than ten qualifying patients may utilize the same
grow site if the grow site can demonstrate an underserved need by local
qualifying patients; provided further that qualifying patients registered to
the same grow site may assist each other with the cultivation and processing of
cannabis; provided further that the department shall provide patient education
and conduct voluntary routine grow site inspections without law enforcement at
grow sites with more than ten qualifying patients to ensure grow site
compliance; provided further that the department shall adopt rules to implement
this section.
[After
December 31, 2024, no 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-1, Hawaii Revised Statutes, is amended by amending the definition of "manufactured cannabis product" to read as follows:
""Manufactured cannabis product" means:
(1) Any capsule, lozenge, oil or oil
extract, tincture, ointment or skin lotion, pill, or transdermal patch[,
or pre-filled and sealed container used to aerosolize and deliver cannabis
orally or by inhalation, such as an inhaler, nebulizer, or device that provides
safe pulmonary administration, that has been manufactured using cannabis];
(2) Edible cannabis products; or
[(3) Pre-rolled cannabis flower products;
or
(4)] (3) Any other products as specified by the
department pursuant to section [329D-10(a)(11).] 329D-10(a)(10)."
SECTION 9. Section 329D-6, Hawaii Revised Statutes, is amended to read as follows:
"§329D-6
Dispensary operations. (a) No person shall
operate a dispensary, or engage in the production, manufacture, or sale of
cannabis or manufactured cannabis products, unless the person has obtained a
license from the department pursuant to this chapter.
(b) No dispensary
licensee, its officers, employees, or agents shall provide written
certification for the use of medical cannabis or manufactured cannabis products
for any person.
(c) No person under the
age of twenty-one shall be employed by a dispensary licensee.
(d) Notwithstanding any
other law to the contrary, including sections 378-2 and 378-2.5, dispensaries:
(1) Shall deny employment to any individual who has been:
(A) Convicted of murder in any degree;
(B) Convicted of a class A or class B felony; or
(C) Convicted of a class C felony involving trafficking, distributing, or promoting a schedule I or II controlled substance other than cannabis within the last ten years; and
(2) May deny employment to any individual who has been convicted of a class C felony involving:
(A) Fraud, deceit, misrepresentation, embezzlement, or theft; or
(B) Endangering the welfare of a minor.
Employment under this
chapter shall be exempt from section 378‑2(a)(1), as it relates to arrest
and court record discrimination, and section 378-2.5.
(e) Retail dispensing locations shall not be open for retail sales before 8:00 a.m. or after 8:00 p.m., Hawaii-Aleutian Standard Time, Monday through Sunday.
(f) All dispensary
facilities, including production centers and retail dispensing locations, shall
be enclosed indoor facilities and shall maintain twenty-four hour security
measures, including an alarm system, video monitoring and recording on the
premises, and exterior lighting. A
dispensary licensee that intends to utilize, as a production center, an
enclosed indoor facility that includes a roof that is partially or completely
transparent or translucent, as provided under section 329D-1, shall notify the
department of that intention before altering or constructing the facility. Production centers shall remain locked at all
times. Retail dispensing locations shall
remain locked at all times, other than business hours as authorized by
subsection (e), and shall only be opened for authorized persons.
(g) In all dispensary facilities, only the licensee, if an individual, registered employees of the dispensary licensee, registered employees of a subcontracted production center or retail dispensing location, employees of a certified laboratory for testing purposes, state employees authorized by the director of health, and law enforcement and other government officials acting in their official capacity shall be permitted to touch or handle any cannabis or manufactured cannabis products, except that a qualifying patient, primary caregiver, qualifying out-of-state patient, or caregiver of a qualifying out-of-state patient may receive manufactured cannabis products at a retail dispensing location following completion of a sale.
(h) A dispensary shall
provide the department with the address, tax map key number, and a copy of the
premises lease, if applicable, of the proposed location of a production center
allowed under a license for a county no later than thirty days before any
medical cannabis or manufactured cannabis products being produced or
manufactured at that production center.
(i) A dispensary shall
provide the department with the address, tax map key number, and a copy of the
premises lease, if applicable, of the proposed location of each retail
dispensing location allowed under a license [no] not less than
sixty days before opening for business.
(j) The department shall establish, maintain, and control a computer software tracking system that shall have real time, twenty-four-hour access to the data of all dispensaries.
(1) The
computer software tracking system shall collect data relating to:
(A) The total amount of cannabis in possession of all dispensaries from either seed or immature plant state, including all plants that are derived from cuttings or cloning, until the cannabis, cannabis plants, or manufactured cannabis product is sold or destroyed pursuant to section 329D-7;
(B) The total amount of manufactured cannabis product inventory, including the equivalent physical weight of cannabis that is used to manufacture manufactured cannabis products, purchased by a qualifying patient, primary caregiver, qualifying out-of-state patient, and caregiver of a qualifying out-of-state patient from all retail dispensing locations in the State in any fifteen-day period;
(C) The amount of waste produced by each plant at harvest; and
(D) The
transport of cannabis and manufactured cannabis products between production
centers and retail dispensing locations and as authorized by subsection (r),
including tracking identification issued by the tracking system, the identity of
the person transporting the cannabis or manufactured cannabis products, and the
make, model, and license number of the vehicle being used for the transport;
(2) The procurement of the computer software tracking system established pursuant to this subsection shall be exempt from chapter 103D; provided that:
(A) The department shall publicly solicit at least three proposals for the computer software tracking system; and
(B) The selection of the computer software tracking system shall be approved by the director of the department and the chief information officer; and
(3) Notwithstanding any other provision of this subsection to the contrary, once the department has authorized a licensed dispensary to commence sales of cannabis or manufactured cannabis products, if the department's computer software tracking system is inoperable or is not functioning properly, as an alternative to requiring dispensaries to temporarily cease operations, the department may implement an alternate tracking system that will enable a qualifying patient, primary caregiver, qualifying out-of-state patient, and caregiver of a qualifying out-of-state patient to purchase cannabis or manufactured cannabis products from a licensed dispensary on a temporary basis. The department shall seek input regarding the alternate tracking system from medical cannabis licensees. The alternate tracking system may operate as follows:
(A) The department may immediately notify all licensed dispensaries that the computer software tracking system is inoperable; and
(B) Once the computer software tracking system is operational and functioning to meet the requirements of this subsection, the department may notify all licensed dispensaries, and the alternate tracking system in this subsection shall be discontinued.
(k) A dispensary licensed
pursuant to this chapter shall purchase, operate, and maintain a computer
software tracking system that shall:
(1) Interface with the department's computer software tracking system established pursuant to subsection (j);
(2) Allow each licensed dispensary's production center to submit to the department in real time, by automatic identification and data capture, all cannabis, cannabis plants, and manufactured cannabis product inventory in possession of that dispensary from either seed or immature plant state, including all plants that are derived from cuttings or cloning, until the cannabis or manufactured cannabis product is sold or destroyed pursuant to section 329D-7;
(3) Allow the licensed dispensary's retail dispensing location to submit to the department in real time for the total amount of cannabis and manufactured cannabis product purchased by a qualifying patient, primary caregiver, qualifying out-of-state patient, and caregiver of a qualifying out-of-state patient from the dispensary's retail dispensing locations in the State in any fifteen day period; provided that the software tracking system shall impose an automatic stopper in real time, which cannot be overridden, on any further purchases of cannabis or manufactured cannabis products, if the maximum allowable amount of cannabis has already been purchased for the applicable fifteen day period; provided further that additional purchases shall not be permitted until the next applicable period; and
(4) Allow
the licensed dispensary to submit all data required by this subsection to the
department and permit the department to access the data if the department's
computer software tracking system is not functioning properly and sales are
made pursuant to the alternate tracking system under subsection (j).
(l) No free samples of
cannabis or manufactured cannabis products shall be provided at any time, and
no consumption of cannabis or manufactured cannabis products shall be permitted
by customers on any dispensary premises[.];
provided that dispensaries shall make an accommodation for employees who are
registered patients and must engage in the medical use of cannabis during
working hours to relieve the symptoms of their debilitating medical condition;
provided further that such accommodation shall only be allowed if impairment
does not result at work.
(m) Except as authorized by subsection (r), a
dispensary shall not transport cannabis or manufactured cannabis products to
another county or another island; provided that this subsection shall not apply
to the transportation of cannabis or any manufactured cannabis product solely
for the purposes of laboratory testing pursuant to section 329D-8, and subject
to subsection (j), if no certified laboratory is located in the county or on
the island where the dispensary is located; provided further that a dispensary
shall only transport samples of cannabis and manufactured cannabis products for
laboratory testing for purposes of this subsection in an amount and manner prescribed
by the department, in rules adopted pursuant to this chapter, and with the
understanding that state law and its protections do not apply outside of the
jurisdictional limits of the State.
(n) A dispensary [shall
be prohibited from] may engage in the
off-premises delivery of cannabis or manufactured cannabis products to a
qualifying patient, or primary caregiver[,]; provided that
such delivery shall only occur to the qualifying patient's or primary
caregiver's residential address.
A dispensary shall be prohibited from the off-premises
delivery of cannabis or manufactured cannabis products
to a qualifying
out-of-state patient, or caregiver of a qualifying out-of-state patient.
(o) A dispensary shall
not:
(1) Display cannabis or
manufactured cannabis products in windows or in public view; or
(2) Post any signage other
than one or two signs, each no greater than one thousand six hundred square
inches bearing only the business or trade name in text without any pictures or
illustrations; provided that if any applicable law or ordinance restricting
outdoor signage is more restrictive, that law or ordinance shall govern.
(p) No cannabis or
manufactured cannabis products shall be transported to, from, or within any
federal fort or arsenal, national park or forest, any other federal enclave, or
any other property possessed or occupied by the federal government.
(q) A dispensary licensed pursuant to this chapter shall be prohibited from providing written certification pursuant to section 329-122 for the use of medical cannabis for any person.
(r) The department may
authorize a dispensary to purchase cannabis and manufactured cannabis products
from another dispensary in a manner prescribed by the department by rules
adopted pursuant to section 329D-27; provided that:
(1) The purchasing dispensary establishes to the department's satisfaction that:
(A) The purchase is necessary to ensure that qualifying patients have continuous access to cannabis for medical use; or
(B) The cannabis and manufactured cannabis products are for medical, scientific, or other legitimate purposes approved by the State;
(2) The selling dispensary may transport no more than eight hundred ounces, or other amounts with prior approval by the department, of cannabis or manufactured cannabis products to the purchasing dispensary within a thirty-day period;
(3) The cannabis and manufactured cannabis products are transported between the dispensaries for medical, scientific, or other legitimate purposes approved by the State; and
(4) Nothing in this subsection shall relieve any dispensary of its responsibilities and obligations under this chapter and chapter 329.
(s) Dispensaries may sell viable cannabis seeds; provided that such seeds shall be produced in the State with the understanding that state law and its protections do not apply
outside of the jurisdictional limits of the State."
SECTION 10. Section 329D-7, Hawaii Revised Statutes, is amended to read as follows:
"§329D-7 Medical cannabis dispensary rules. The department shall establish standards with respect to:
(1) The number of medical cannabis dispensaries that shall be permitted to operate in the State;
(2) A fee structure, set by rules adopted pursuant to chapter 91, for:
(A) The submission of applications and renewals of licenses to dispensaries; provided that the department shall consider the market conditions in each county in determining the license renewal fee amounts;
(B) The submission of applications and renewals for each additional production center; and
(C) Dispensary-to-dispensary sales authorized by section 329D-6(r);
provided that no designated fee shall increase by more than two and one-half per cent annually;
(3) Criteria and procedures for the consideration and selection, based on merit, of applications for licensure of dispensaries; provided that the criteria shall include but not be limited to an applicant's:
(A) Ability to operate a business;
(B) Financial stability and access to financial resources; provided that applicants for medical cannabis dispensary licenses shall provide documentation that demonstrates control of not less than $1,000,000 in the form of escrow accounts, letters of credit, surety bonds, bank statements, lines of credit or the equivalent to begin operating the dispensary;
(C) Ability to comply with the security requirements developed pursuant to paragraph (6);
(D) Capacity to meet the needs of qualifying patients and qualifying out-of-state patients;
(E) Ability to comply with criminal background check requirements developed pursuant to paragraph (8); and
(F) Ability to comply with inventory controls developed pursuant to paragraph (13);
(4) Specific requirements
regarding annual audits and reports required from each production center and
dispensary licensed pursuant to this chapter;
(5) Procedures for announced and
unannounced inspections by the department or its agents of production centers
and dispensaries licensed pursuant to this chapter; provided that
inspections for license renewals shall be unannounced;
(6) Security requirements for the operation of production centers and retail dispensing locations; provided that, at a minimum, the following shall be required:
(A) For production centers:
(i) Video monitoring and recording of the premises; provided that recordings shall be retained for fifty days;
(ii) Fencing that surrounds the premises and that is sufficient to reasonably deter intruders and prevent anyone outside the premises from viewing any cannabis in any form;
(iii) An alarm system; and
(iv) Other reasonable security measures to deter or prevent intruders, as deemed necessary by the department; and
(B) For retail dispensing locations:
(i) Presentation of a valid government-issued photo identification and a valid identification as issued by the department pursuant to section 329-123 by a qualifying patient or caregiver, or section 329-123.5 by a qualifying out-of-state patient or caregiver of a qualifying out-of-state patient, upon entering the premises;
(ii) Video monitoring and recording of the premises; provided that recording shall be retained for fifty days;
(iii) An alarm system;
(iv) Exterior lighting; and
(v) Other reasonable security measures as deemed necessary by the department;
(7) Security requirements for the transportation of cannabis and manufactured cannabis products between production centers and retail dispensing locations and between 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, pursuant to section 329-122(f);
(8) Standards and criminal background checks to ensure the reputable and responsible character and fitness of all license applicants, licensees, employees, subcontractors and their employees, and prospective employees of medical cannabis dispensaries to operate a dispensary; provided that the standards, at a minimum, shall exclude from licensure or employment any person convicted of any felony;
(9) The training and certification of operators and employees of production centers and dispensaries;
(10) The types of manufactured cannabis products that dispensaries shall be authorized to manufacture and sell pursuant to sections 329D-9 and 329D-10;
(11) Laboratory standards related to testing cannabis and manufactured cannabis products for content, contamination, and consistency;
(12) The quantities of cannabis and manufactured cannabis products that a dispensary may sell or provide to a qualifying patient, primary caregiver, qualifying out-of-state patient, or caregiver of a qualifying out-of-state patient; provided that no dispensary shall sell or provide to a qualifying patient, primary caregiver, qualifying out-of-state patient, or caregiver of a qualifying out-of-state patient any combination of cannabis and manufactured cannabis products that:
(A) During a period of fifteen consecutive days, exceeds the equivalent of four ounces of cannabis; or
(B) During a period of thirty consecutive days, exceeds the equivalent of eight ounces of cannabis;
(13) Dispensary and production center inventory controls to prevent the unauthorized diversion of cannabis or manufactured cannabis products or the distribution of cannabis or manufactured cannabis products to a qualifying patient, primary caregiver, qualifying out-of-state patient, or caregiver of a qualifying out-of-state patient in quantities that exceed limits established by this chapter; provided that the controls, at a minimum, shall include:
(A) A computer software tracking system as specified in section 329D-6(j) and (k); and
(B) Product packaging standards sufficient to allow law enforcement personnel to reasonably determine the contents of an unopened package;
(14) Limitation to the size or format of signs placed outside a retail dispensing location or production center; provided that the signage limitations, at a minimum, shall comply with section 329D-6(o)(2) and shall not include the image of a cartoon character or other design intended to appeal to children;
(15) The disposal or destruction of unwanted or unused cannabis and manufactured cannabis products;
(16) The enforcement of the following prohibitions against:
(A) The sale or provision of cannabis or manufactured cannabis products to unauthorized persons;
(B) The sale or provision of cannabis or manufactured cannabis products to a qualifying patient, primary caregiver, qualifying out-of-state patient, or caregiver of a qualifying out-of-state patient in quantities that exceed limits established by this chapter; and
(C) Any use or consumption of cannabis or manufactured cannabis products on the premises of a retail dispensing location or production center; and
(17) The establishment of a range of penalties for violations of this chapter or rule adopted thereto;
(18) A process to recognize [and register]
patients who are authorized to purchase, possess, and use medical cannabis in
another state, a United States territory, or the District of Columbia as
qualifying out-of-state patients; provided that this [registration]
process may commence no sooner than January 1, 2018; and
(19) Security requirements and restrictions regarding waiting rooms, including but not limited to:
(A) Security measures to prevent unauthorized access to any area within the retail dispensing location outside of the waiting room;
(B) Restrictions on marketing and advertising within the waiting room;
(C) Restrictions on signage within the waiting room; and
(D) Other reasonable security measures or restrictions as deemed necessary by the department."
SECTION 11. Section 329D-8, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) The department shall establish and enforce standards for laboratory-based testing of cannabis and manufactured cannabis products for content, contamination, and consistency; provided that in establishing these standards, the department shall:
(1) Review and take guidance from the testing programs and standards utilized in other jurisdictions;
(2) Consider the impact of the standards on the retail cost of the product to the qualifying patient;
(3) Review and take guidance from the testing programs and standards for pesticides under the regulations of the United States Environmental Protection Agency;
(4) [Consider] Establish processes
that [may] allow cannabis or manufactured cannabis products that fail
testing standards to be remediated[;] and make these processes
available to the public;
(5) For the testing for microbiological
impurities, consider the benefits of organically grown cannabis that features
the use of bacteria in lieu of pesticides; [and]
(6) Include permission for qualifying
patients and primary caregivers to obtain testing services directly from
certified laboratories on the island where the qualifying patient and primary
caregiver reside[.];
(7) Establish and maintain standards for
testing of cannabis and manufactured cannabis products at the department's state
lab for reference purposes and post-marketing testing; and
(8) Promote the formation of prep labs on islands that do not have a certified testing facility to facilitate the preparation of "de minimis" samples that fall below the threshold for federal regulation and can be transported legally to another island for required potency and contaminant testing."
SECTION 12. Section 329D-10, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) The types of medical cannabis products that may be manufactured and distributed pursuant to this chapter shall be limited to:
(1) Capsules;
(2) Lozenges;
(3) Pills;
(4) Oils and oil extracts;
(5) Tinctures;
(6) Ointments and skin lotions;
(7) Transdermal patches;
(8) Pre-filled
and sealed containers used to aerosolize and deliver cannabis orally [or by
inhalation, such as an inhaler, nebulizer, or device that provides safe
pulmonary administration; provided that:
(A) Containers
need not be manufactured by the licensed dispensary but shall be filled with
cannabis, cannabis oils, or cannabis extracts manufactured by the licensed
dispensary or purchased from another dispensary pursuant to section 329D-6(r);
but shall not contain nicotine, tobacco-related products, or any other
non-cannabis derived products; and
(B) For
devices that provide safe pulmonary administration:
(i) The heating element of the device,
if any, shall be made of inert materials such as glass, ceramic, or stainless
steel, and not of plastic or rubber;
(ii) The device shall be distributed
solely for use with single-use, pre-filled, tamper-resistant, sealed containers
that do not contain nicotine or other tobacco products;
(iii) There shall be a temperature control
on the device that is regulated to prevent the combustion of cannabis oil; and
(iv) The device need not be manufactured
by the licensed dispensary;
(9) Pre-rolled cannabis flower products,
as specified by the department];
[(10)] (9)
Edible cannabis products, as specified by the department; and
[(11)] (10)
Other products as specified by the department."
SECTION 13. Section 329D-13, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
"(c)
Beginning on January 1, 2018, this section [may] shall
apply to qualifying out-of-state patients from other states, territories of the
United States, or the District of Columbia; provided that the patient meets the
[registration] requirements of [section 329-123.5.] sections 329-122
and 329-130."
SECTION 14. Section 329D-25, Hawaii Revised Statutes, is amended to read as follows:
"§329D-25 Coordination among state and federal agencies. The department shall initiate ongoing dialogue among relevant state and federal agencies to identify processes and policies that ensure the privacy of qualifying patients and qualifying out-of-state patients and the compliance of qualifying patients, primary caregivers, qualifying out-of-state patients, and caregivers of qualifying out-of-state patients and medical cannabis dispensaries with state and federal laws and regulations related to medical cannabis."
SECTION 15. Section 329D-27, Hawaii Revised Statutes, is amended by amending subsections (b) and (c) to read as follows:
"(b)
No later than January 4, 2016, the department shall adopt interim rules,
which shall be exempt from chapter 91 and chapter 201M, to effectuate the
purposes of this chapter; provided that the interim rules shall remain in
effect until [July 1, 2025,] August 1, 2024, or until rules are
adopted pursuant to subsection (a), whichever occurs sooner.
(c)
The department may amend the interim rules, and the amendments shall be
exempt from chapters 91 and 201M, to effectuate the purposes of this chapter;
provided that any amended interim rules shall remain in effect until [July
1, 2025,] August 1, 2024, or until rules are adopted pursuant to
subsection (a), whichever occurs sooner."
SECTION 16. Section 329-123.5, Hawaii Revised Statutes, is repealed.
["§329-123.5 Registration requirements; qualifying
out-of-state patient; caregiver of a qualifying out-of-state patient. (a)
Notwithstanding section 329-123, a qualifying out-of-state patient and a
caregiver of a qualifying out-of-state patient shall register with the
department of health as established by rule.
The registration shall be effective for no more than sixty days and may
be renewed for no more than one additional sixty-day period that begins no
later than twelve months after the preceding registration date; provided that
the department shall not register any qualifying out-of-state patient for a
period that exceeds the term of validity of the qualifying out-of-state
patient's authority to use medical cannabis in the qualifying out-of-state
patient's home jurisdiction.
(b) A qualifying out-of-state patient aged
eighteen or older, at a minimum, shall meet the following criteria for
registration:
(1) Provide a valid government-issued
medical cannabis card issued to the qualifying out-of-state patient by another
state, United States territory, or the District of Columbia; provided that the
medical cannabis card has an expiration date and has not expired;
(2) Provide a valid photographic
identification card or driver's license issued by the same jurisdiction that
issued the medical cannabis card; and
(3) Have a debilitating medical
condition, as defined in section 329-121.
(c) A qualifying out-of-state patient under
eighteen years of age may be registered pursuant to this section only if the
qualifying patient has a debilitating medical condition as defined in section
329-121 and the caregiver of the qualifying out-of-state patient, at a minimum,
meets the requirements of paragraphs (1) and (2) of subsection (b) and consents
in writing to:
(1) Allow the qualifying out-of-state
patient's medical use of cannabis;
(2) Undertake the responsibility for
managing the well-being of the qualifying out-of-state patient who is under
eighteen years of age, with respect to the medical use of cannabis; and
(3) Control the acquisition of the
cannabis, the dosage, and the frequency of the medical use of cannabis by the
qualifying out-of-state patient who is under eighteen years of age.
(d) In the case of any qualifying out-of-state
patient who is under eighteen years of age, the department of health shall
register the qualifying out-of-state patient and the caregiver of the qualifying
out-of-state patient; provided that the department may register two caregivers
for a qualifying out-of-state patient if each caregiver is the parent,
guardian, or person having legal custody of the qualifying out-of-state patient
who is under eighteen years of age.
(e) Each qualifying out-of-state patient shall
pay a fee in an amount established by rules adopted by the department pursuant
to chapter 91 for each registration and renewal.
(f) Upon inquiry by a law enforcement agency, the
department of health shall immediately verify whether the subject of the
inquiry has registered with the department of health and may provide reasonable
access to the registry information for official law enforcement purposes. An inquiry and verification under this
subsection may be made twenty-four hours a day, seven days a week.
(g) The department of health may temporarily
suspend the registration of a qualifying out-of-state patient or a registered
caregiver of a qualifying out-of-state patient for a period of up to thirty
days if the department of health determines that the registration process for
qualifying patients or primary caregivers is being adversely affected or the
supply of cannabis for medical use available in licensed dispensaries is
insufficient to serve qualifying patients and qualifying out-of-state
patients. A temporary suspension may be
extended by thirty-day periods until the department of health determines that:
(1) Adequate capacity exists to register qualifying
out-of-state patients and caregivers of qualifying out-of-state patients in
addition to qualifying patients and primary caregivers; and
(2) The licensed dispensaries are able
to meet the demands of qualifying patients."]
SECTION 17. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 18. This Act shall take effect upon its approval.
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Report Title:
Medical Cannabis; Registration; Out-of-state patients; Caregivers; Medical Cannabis Dispensary System
Description:
Amends state laws governing medical use of cannabis and the medical cannabis dispensary system.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
