Bill Text: HI SB962 | 2024 | Regular Session | Amended
Bill Title: Relating To Medical Cannabis.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed) 2023-12-11 - Carried over to 2024 Regular Session. [SB962 Detail]
Download: Hawaii-2024-SB962-Amended.html
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THE SENATE |
S.B. NO. |
962 |
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THIRTY-SECOND LEGISLATURE, 2023 |
S.D. 1 |
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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:
PART I
SECTION 1. The legislature finds that amendments to the State's medical use of cannabis law and medical cannabis dispensary program law are necessary to facilitate the administration of the laws, resolve issues that have arisen under existing law, and clarify legislative intent.
The purpose of this Act is to:
(1) Add or clarify signage, manufactured cannabis product, and escort requirements for the medical cannabis dispensary program;
(2) Establish annual reporting requirements to increase public transparency regarding the medical cannabis registry program; and
(3) Make various housekeeping amendments.
PART II
SECTION 2. Section 329D-1, Hawaii Revised Statutes, is amended by amending the definition of "manufactured cannabis product" to read as follows:
""Manufactured
cannabis product" means any capsule, lozenge, oil or oil extract,
tincture, ointment or skin lotion, pill, transdermal patch, or pre-filled and
sealed container used to aerosolize and deliver cannabis orally[,] or
by inhalation, such as an inhaler [or], nebulizer, or
device that provides safe pulmonary administration, that has been
manufactured using cannabis, edible cannabis product, pre-rolled cannabis
flower product, or any other products as specified by the department
pursuant to section 329D-10(a)(11)."
SECTION 3. Section 329D-4, Hawaii Revised Statutes, is amended by amending subsection (n) to read as follows:
"(n) Pursuant to section [[]329D-7(2)[]],
a dispensary license may be renewed annually by payment of an annual renewal
fee and subject to verification by the department through an unannounced
inspection that the individual licensee and entity licensee continue to meet
all licensing requirements from the date the initial licenses were issued."
SECTION 4. Section 329D-6, Hawaii Revised Statutes, is amended as follows:
1. By amending subsection (o) to read:
"(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 [a single sign] 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."
2. By amending subsection (r) to read:
"(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 this chapter
[and chapter 91]; 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 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."
SECTION 5. 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 with
an inhaler [or], nebulizer[;], or device that provides
safe pulmonary administration; provided that [containers]:
(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 as
permitted by section 329D-6(r); but shall not contain nicotine,
tobacco-related products, or any other non-cannabis derived products; and [shall
be designed to be used with devices used to provide safe pulmonary
administration of manufactured cannabis products;
(9) Devices that provide safe pulmonary
administration; provided that:
(A) The heating element of the device, if any,
is made of inert materials such as glass, ceramic, or stainless steel, and not
of plastic or rubber;
(B) The device is distributed solely for use
with single-use, pre-filled, tamper-resistant, sealed containers that do not
contain nicotine or other tobacco products;
(C) The device is used to aerosolize and
deliver cannabis by inhalation, such as an inhaler, medical-grade nebulizer, or
other similar medical grade volitization device;
(D) There is a temperature control on the
device that is regulated to prevent the combustion of cannabis oil; and
(E) The device need not be manufactured by the
licensed dispensary;]
(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) [Other products, including edible] Edible
cannabis products, as specified by the department; and
(11) Other products as specified by the department."
SECTION 6. Section 329D-15, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:
"(a) No person shall intentionally or knowingly enter or remain upon the premises of a medical cannabis retail dispensing location unless the individual is:
(1) An individual licensee or registered employee of the dispensary;
(2) A qualifying patient, primary caregiver, qualifying out-of-state patient, or caregiver of a qualifying out-of-state patient;
(3) A government employee or official acting in the person's official capacity; or
(4) Previously included on a current department-approved list provided to the department by the licensee of those persons who are allowed into that dispensary's facilities for a specific purpose for that dispensary, including but not limited to construction, maintenance, repairs, legal counsel, providers of paratransit or other assistive services required by a qualifying patient to access a retail dispensary location, or investors; provided that:
(A) The person has been individually approved by the department to be included on the list;
(B) The person is at least twenty-one years of age, as verified by a valid government issued identification card;
(C) The department has confirmed that the person has no felony convictions;
(D) The person is escorted by an individual licensee or registered employee of the dispensary at all times while in the dispensary facility; provided that construction and maintenance personnel who are not normally engaged in the business of cultivating, processing, or selling medical cannabis need not be accompanied on a full-time basis, but shall be reasonably monitored by an individual licensee or registered employee of the dispensary while in areas not containing any cannabis or cannabis products;
(E) The person is only permitted within those portions of the dispensary facility as necessary to fulfill the person's purpose for entering;
(F) The person is only permitted within the dispensary facility during the times and for the duration necessary to fulfill the person's purpose for entering;
(G) The dispensary shall keep an accurate record of each person's first and last name, date and times upon entering and exiting the dispensary facility, purpose for entering, and the identity of the escort; and
(H) The approved list shall be effective for one year from the date of the department approval.
(b) No individual licensee or registered employee
of a medical cannabis dispensary with control over or responsibility for a
retail dispensing location shall intentionally or knowingly allow another to
enter or remain upon the premises of the retail dispensing location, unless the
other is permitted to enter and remain as specified in subsection (a)[.],
except in an emergency situation to repair infrastructure at a dispensary by a
person not on the department-approved list; provided that those repair workers
shall be escorted at all times, and the licensee shall notify the department of
the use of this individual immediately."
SECTION 7. Section 329D-16, Hawaii Revised Statutes, is amended to read as follows:
"[[]§329D-16[]] Criminal offense; unauthorized access to
production centers. (a) No person shall intentionally or knowingly
enter or remain upon the premises of a medical cannabis production center
unless the person is:
(1) An individual licensee or registered employee of the production center;
(2) A government employee or official acting in the person's official capacity; or
(3) Previously included on a current
department-approved list provided to the department by the licensee of those
persons who are allowed into that [dispensary's facilities] production
center for a specific purpose for that [dispensary,] production
center, including but not limited to construction, maintenance, repairs,
legal counsel, or investors; provided that:
(A) The person has been individually approved by the department to be included on the list;
(B) The person is at least twenty-one years of age, as verified by a valid government issued identification card;
(C) The department has confirmed that the person has no felony convictions;
(D) The person is escorted by an individual
licensee or registered employee of the [dispensary] production center
at all times while in the [dispensary facility;] production center;
provided that construction and maintenance personnel not normally engaged in
the business of cultivating, processing, or selling medical cannabis need not
be accompanied on a full-time basis, but only reasonably monitored by an
individual licensee or registered employee of the production center while in
areas not containing any cannabis or cannabis products;
(E) The person is only permitted within those
portions of the [dispensary facility] production center as
necessary to fulfill the person's purpose for entering;
(F) The person is only permitted within the [dispensary
facility] production center during the times and for the duration
necessary to fulfill the person's purpose for entering;
(G) The [dispensary] production center
shall keep an accurate record of each person's identity, date and times upon
entering and exiting the dispensary facility, purpose for entering, and the
identity of the escort; and
(H) The approved list shall be effective for one year from the date of department approval.
(b) No individual licensee or registered employee
of a medical cannabis dispensary with control over or responsibility for a
production center shall intentionally or knowingly allow another to enter or
remain upon the premises of the production center, unless the other is
permitted to enter and remain as specified in subsection (a)[.],
except in an emergency situation to repair infrastructure at a dispensary by a
person not on the department-approved list; provided that those repair workers
shall be escorted at all times, and the licensee shall notify the department of
the use of this individual immediately.
(c) Unauthorized access to a production center is a class C felony."
SECTION 8. Section 329D-23, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) The department shall report annually to the
governor and the legislature on the establishment and regulation of medical
cannabis production centers and dispensaries [including but not limited to
the number and location of production centers and dispensaries licensed, the
total licensing fees collected, the total amount of taxes collected from
production centers and dispensaries, and any licensing violations determined by
the department]. The report shall
include, at minimum:
(1) Three consistent key performance indicators
to measure program performance, as initially created and defined by the
department;
(2) The number and location of production centers and dispensaries licensed;
(3) The total licensing fees collected and the total amount of taxes collected from production centers and dispensaries;
(4) The number of inspections conducted, licensing violations determined by the department, and fines collected from violations, by category; and
(5) The description and number of education activities undertaken pursuant to section 329D-26."
SECTION 9. Section 329D-26, Hawaii Revised Statutes, is
amended by amending subsection (a) to read as follows:
"(a) The department shall conduct a continuing
education and training program to explain and clarify the purposes and
requirements of this chapter or to provide substance abuse prevention and
education. The program shall target
community partner agencies, physicians and other health care providers,
patients and caregivers, law enforcement agencies, law and policy makers, and
the general public. The program shall
include, at minimum, education and outreach regarding:
(1) The updated, publicly-available list of medical cannabis dispensaries, physicians, and other health care providers participating in the program under this chapter;
(2) Lawful activities, unlawful activities, and applicable penalties for a medical cannabis dispensary, qualifying patient, primary caregiver, qualifying out‑of-state patient, caregiver of a qualifying out‑of-state patient, and other entity performing related activities; and
(3) The methods and associated requirements for a medical cannabis dispensary, qualifying patient, primary caregiver, or other entity to produce cannabis and manufactured cannabis products, as applicable."
PART III
SECTION 10. Chapter 329, Hawaii Revised Statutes, is amended by adding a new section to part IX to be appropriately designated and to read as follows:
"§329- Medical use of cannabis; reports. The
department shall report annually to the governor and the legislature on the
medical use of cannabis. Each report, at
minimum, shall include:
(1) Three consistent key performance indicators to measure program performance, as initially created and defined by the department;
(2) The number of new, renewed, and expired and
not renewed registrations of qualifying patients, primary caregivers,
qualifying out-of-state patients, and caregivers of a qualifying out-of-state
patient;
(3) The amount of fees collected from new and renewed registrations;
(4) The number of physician or advanced practice registered nurses issuing medical cannabis certifications, and the number of certifications issued by each of the ten physician or advanced practice registered nurses who issue the highest number of certifications;
(5) The number of locations on each island where more than five qualifying patients register the same or contiguous location or locations for cultivating cannabis, and the number of qualifying patients registered at each of the ten most frequently used same or contiguous locations used to cultivate cannabis;
(6) The number of inspections conducted and number of violations found by the department; and
(7) The description and number of education activities undertaken by the full-time staff member per section 329D-26 and the total expense of those education activities."
PART IV
SECTION 11. Pursuant to section 201-13.9, Hawaii Revised Statutes, the department of business economic development and tourism shall submit to the legislature, no later than twenty days prior to the convening of the regular session of 2024, a report that provides an analysis of aggregated de-identified information regarding the medical cannabis registry and dispensary programs established pursuant to chapters 329 and 329D, Hawaii Revised Statutes.
PART V
SECTION 12. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 13. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 14. This Act shall take effect on December 31, 2050.
Report Title:
Medical Cannabis; Dispensaries; Certification; Patients
Description:
Adds or clarifies signage, manufactured cannabis product, and escort requirements for the medical cannabis dispensary program. Establishes annual reporting requirements to increase public transparency regarding the medical cannabis registry program. Makes various housekeeping amendments. Effective 12/31/2050. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
