Bill Text: HI SB465 | 2024 | Regular Session | Amended
Bill Title: Relating To Medical Cannabis.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Engrossed) 2023-12-11 - Carried over to 2024 Regular Session. [SB465 Detail]
Download: Hawaii-2024-SB465-Amended.html
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THE SENATE |
S.B. NO. |
465 |
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THIRTY-SECOND LEGISLATURE, 2023 |
S.D. 2 |
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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 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)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
