Bill Text: HI SB738 | 2014 | Regular Session | Introduced

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Bill Title: Marijuana; Legalization

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2013-12-18 - Carried over to 2014 Regular Session. [SB738 Detail]

Download: Hawaii-2014-SB738-Introduced.html

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THE SENATE	S.B. NO.	738
TWENTY-SEVENTH LEGISLATURE, 2013
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to marijuana.

 

 

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

 

     SECTION 1.  The legislature finds that in the interest of the efficient use of law enforcement resources, increasing respect for laws, and enhancing revenue for public purposes, the use of marijuana should be legal for persons twenty-one years of age or older and taxed in a manner similar to alcohol.  Such regulations would redirect law enforcement resources to more serious threats to public safety.  They would also redirect income from the black market to legitimate businesses and to new employers who will furnish tax revenue to the State.

     The legislature finds that in the interest of health and public safety, marijuana should be regulated in a manner similar to alcohol such that:

     (1)  Individuals will have to show proof of age before purchasing marijuana;

     (2)  Selling, distributing, or transferring marijuana to minors and other individuals under the age of twenty-one shall remain illegal under state law;

     (3)  Driving under the influence of marijuana shall remain illegal under state law;

     (4)  Taxpaying business people, not criminal actors, will conduct sales of marijuana; and

     (5)  Marijuana will be labeled and subject to additional regulations to ensure that consumers are informed and protected.

     SECTION 2.  The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

marijuana

     §   -1  Definitions.  As used in this chapter:

     "Consumer" means a person twenty-one years of age or older who purchases marijuana or marijuana products for personal use from persons twenty-one years or age or older, but not for resale to others.

     "Department" means the department of taxation.

     "Marijuana" includes "marijuana", as defined in section 329-1, and "marijuana concentrate", as defined in 712-1240.

     "Marijuana accessories" means any equipment, products, or materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, composting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, or vaporizing marijuana or for ingesting, inhaling, or otherwise introducing marijuana into the human body.

     "Marijuana cultivation facility" means an entity licensed to cultivate, prepare, package, and sell marijuana to retail marijuana stores, to marijuana product manufacturing facilities, and to other marijuana cultivation facilities, but not to consumers.

     "Marijuana establishment" means a marijuana cultivation facility, a marijuana testing facility, a marijuana product manufacturing facility, or a retail marijuana store.

     "Marijuana product manufacturing facility" means an entity licensed to purchase marijuana; manufacture, prepare, and package marijuana products; and sell marijuana and marijuana products to other marijuana product manufacturing facilities and to retail marijuana stores, but not to consumers.

     "Marijuana products" means concentrated marijuana products and marijuana products that comprise marijuana and other ingredients and are intended for use or consumption, including but not limited to edible products, ointments, and tinctures.

     "Marijuana testing facility" means an entity licensed to analyze and certify the safety and potency of marijuana.

     "Retail marijuana store" means an entity licensed to purchase marijuana from marijuana cultivation facilities, purchase marijuana and marijuana products from marijuana product manufacturing facilities, and sell marijuana and marijuana products to consumers.

     "Unreasonably impracticable" means that the measures necessary to comply with regulations require such a high investment of risk, money, time, or any other resource or asset that the operation of a marijuana establishment is not worthy of being carried out in practice by a reasonably prudent businessperson.

     §   -2  Personal use of marijuana.  Notwithstanding any state law to the contrary, the following acts shall neither be a criminal offense under Hawaii law nor a basis for seizure or forfeiture of assets under Hawaii law for persons twenty-one years of age or older:

     (1)  Possessing, using, displaying, purchasing, or transporting marijuana accessories or one ounce or less of marijuana;

     (2)  Possessing, growing, processing, or transporting up to five marijuana plants and possession of the marijuana produced by the plants on the premises where the plants were grown; provided that the plants are grown in a secured space, the plants are not grown openly or publicly, and are not made available for sale;

     (3)  Transfer of one ounce or less of marijuana without remuneration to a person who is twenty-one years of age or older;

     (4)  Consumption of marijuana; provided that nothing in this section shall permit consumption that is conducted openly and publicly or in a manner that endangers others; and

     (5)  Assisting another person who is twenty-one years of age or older in any of the acts described in paragraphs (1) through (4).

     §   -3  Lawful operation of marijuana-related facilities.  Notwithstanding any state law to the contrary, the following acts shall neither be a criminal offense under Hawaii law nor a basis for seizure or forfeiture of assets under Hawaii law for persons twenty-one years of age or older:

     (1)  Manufacture, sale, purchase, or possession of marijuana accessories;

     (2)  Possessing, displaying, or transporting marijuana or marijuana products; purchase of marijuana from a marijuana cultivation facility; purchase of marijuana or marijuana products from a marijuana product manufacturing facility; or sale of marijuana or marijuana products to consumers if the person conducting the activities described in this paragraph holds a valid license to operate a retail marijuana store or is acting in the person's capacity as an owner, employee, or agent of a licensed retail marijuana store;

     (3)  Cultivating, harvesting, processing, packaging, transporting, displaying, or possessing marijuana; delivery or transfer of marijuana to a marijuana testing facility; selling marijuana to a marijuana cultivation facility, a marijuana product manufacturing facility, or a retail marijuana store; or the purchase of marijuana from a marijuana cultivation facility, if the person conducting the activities described in this paragraph holds a valid license to operate a marijuana cultivation facility or is acting in the person's capacity as an owner, employee, or agent of a licensed marijuana cultivation facility;

     (4)  Packaging, processing, transporting, manufacturing, displaying, or possessing marijuana or marijuana products; delivery or transfer of marijuana or marijuana products to a marijuana testing facility; selling marijuana or marijuana products to a retail marijuana store or a marijuana product manufacturing facility; purchase of marijuana from a marijuana cultivation facility; or purchase of marijuana or marijuana products from a marijuana product manufacturing facility, if the person conducting the activities described in this paragraph holds a valid license to operate a marijuana product manufacturing facility or is acting in the person's capacity as an owner, employee, or agent of a licensed marijuana product manufacturing facility;

     (5)  Possessing, cultivating, processing, repackaging, storing, transporting, displaying, transferring, or delivering marijuana or marijuana products if the person holds a valid license to operate a marijuana testing facility or is acting in the person's capacity as owner, employee, or agent of a licensed marijuana testing facility; and

     (6)  Leasing or otherwise allowing the use of property owned, occupied, or controlled by any person, corporation, or other entity for any of the activities conducted in accordance with paragraphs (1) through (5).

     §   -4  Regulation of marijuana.  (a)  Not later than October 29, 2013, the department shall adopt rules pursuant to chapter 91 necessary for implementation of this chapter.  The rules shall not prohibit the operation of marijuana establishments either expressly or by making operations unreasonably impracticable.  The rules shall include:

     (1)  Procedures for the issuance, renewal, suspension, and revocation of a license to operate a marijuana establishment;

     (2)  A schedule of application, licensing, and renewal fees;

     (3)  Qualifications for a license that are directly and demonstrably related to the operation of a marijuana establishment;

     (4)  Security requirements for marijuana establishments;

     (5)  Requirements to prevent the sale or diversion of marijuana and marijuana products to persons under the age of twenty-one;

     (6)  Labeling requirements for marijuana and marijuana products sold or distributed by a marijuana establishment;

     (7)  Health and safety regulations and standards for the manufacture of marijuana products and the cultivation of marijuana;

     (8)  Restrictions on the advertising and display of marijuana and marijuana products; and

     (9)  Civil penalties not to exceed $100 per violation for any failure to comply with rules made pursuant to this section.

     (b)  In order to ensure that individual privacy is protected, notwithstanding subsection (a), the department shall not require a consumer to provide a retail marijuana store with personal information other than government-issued identification to determine the consumer’s age.  A retail marijuana store shall not be required to acquire and record personal information about consumers other than information typically acquired in a financial transaction conducted at a retail liquor store.

     (c)  There shall be an excise tax at the rate of fifteen per cent to be levied upon marijuana sold or otherwise transferred by a marijuana cultivation facility to a marijuana product manufacturing facility or to a retail marijuana store.

     (d)  The department shall establish rules pursuant to chapter 91 for the collection of all taxes levied.

     (e)  Each application for a license to operate a marijuana establishment shall be submitted to the department.  The department shall:

     (1)  Begin accepting and processing applications by July 1, 2014;

     (2)  Issue a license to the applicant within ninety days of receipt of an application unless the department finds the applicant is not in compliance with rules adopted pursuant to subsection (a); and

     (3)  Upon denial of an application, notify the applicant in writing of the reason or reasons for its denial.

No license issued by the department pursuant to this section shall be valid for more than one year.

     §   -5  Effect on other laws.  (a)  Nothing in this chapter shall require an employer to permit or accommodate the use, consumption, possession, transfer, display, transportation, sale, or growing of marijuana in the workplace or to affect any employer policy restricting the use of marijuana by employees.

     (b)  Nothing in this chapter is intended to allow driving under the influence of marijuana or driving while impaired by marijuana or to supersede statutory laws related to driving under the influence of marijuana or driving while impaired by marijuana, nor shall this chapter prevent the State from enacting and imposing criminal penalties for driving under the influence of or while impaired by marijuana.

     (c)  Nothing in this chapter shall be construed to permit the transfer of marijuana, with or without remuneration, to a person under the age of twenty-one or to allow a person under the age of twenty-one to purchase, possess, use, transport, grow, or consume marijuana.

     (d)  Nothing in this chapter shall prohibit a person, employer, school, hospital, detention facility, corporation, or any other entity who occupies, owns, or controls a property from prohibiting or otherwise regulating the possession, consumption, use, display, transfer, distribution, sale, transportation, or growing of marijuana on or in that property.

     §   -6  Medical marijuana provisions unaffected.  Nothing in this chapter shall limit any privileges or rights of a medical marijuana qualifying patient, primary caregiver, or registered entity as provided in chapter 329, part IX."

     SECTION 3.  Chapter 712, Hawaii Revised Statutes, is amended by adding a new section to part IV to be appropriately designated and to read as follows:

     "§712-    Marijuana.  The following acts shall be exempt from arrest, prosecution, and criminal culpability under this part:

    (a)   Any act permitted under section    -2; and

    (b)   Any act permitted under section    -3."

     SECTION 4.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 5.  If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

     SECTION 6.  New statutory material is underscored.

     SECTION 7.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Marijuana; Legalization

 

Description:

Decriminalizes under state law the growing, processing, possession, transfer, and personal use of marijuana in a specified quantity to persons at least twenty-one years of age.  Requires licensing to operate marijuana establishments.  Subjects marijuana establishments to excise taxes and income taxes.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.