Bill Text: HI HB1169 | 2011 | Regular Session | Introduced
Bill Title: Controlled substances
Spectrum: Moderate Partisan Bill (Republican 5-1)
Status: (Introduced - Dead) 2011-01-26 - (H) Referred to HLT/PBM, JUD, FIN, referral sheet 2 [HB1169 Detail]
Download: Hawaii-2011-HB1169-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1169 |
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TWENTY-SIXTH LEGISLATURE, 2011 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO CONTROLLED SUBSTANCES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the current language of the state's medical use of marijuana law is unclear. For instance, there is no clear requirement that physicians that participate in the program actually have physical offices to see and treat their patients. The lack of such a safeguard could lead to physicians that simply rent locations for the day or set up virtual offices in order to simply process permit applications, making a mockery of the doctor-patient relationship.
The legislature also finds that other clarifications, including the need for the physician to actually sign the medical use of marijuana permit that is issued by the department of health, as well as making the penalties for falsification of an application form consistent with those set for crimes relating to fraudulent acquisition of a controlled substance, are desirable.
Thus, the purpose of this Act is to effect those clarifications and consistencies in an effort to improve the state's medical use of marijuana law.
SECTION 2. Section 329-32, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:
"(e) A separate registration shall be required at each principal place of business or professional practice where the applicant manufactures, distributes, prescribes, or dispenses controlled substances, recommends the medical use of marijuana, except an office used by a practitioner (who is registered at another location) where controlled substances are prescribed but neither administered nor otherwise dispensed as a regular part of the professional practice of the practitioner at such office, and where no supplies of controlled substances are maintained."
SECTION 3. Section 329-121, Hawaii Revised Statutes, is amended by amending the definitions of "debilitating medical condition" and "written certification" to read as follows:
"Debilitating medical condition" means:
(1) Cancer, glaucoma, positive status for human
immunodeficiency virus, acquired immune deficiency syndrome, or the treatment
of these conditions[;] 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; or
(E) Severe and persistent muscle spasms, including those characteritic of multiple sclerosis or Crohn's disease; or
[(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; or
(E) Severe and persistent muscle
spasms, including those characteristic of multiple sclerosis or Crohn's
disease; or
(3)] (2) Any other medical condition
approved by the department of health pursuant to administrative rules in
response to a request from a physician or potentially qualifying patient.
"Written certification" means the [qualifying
patient's medical records or] medical use of marijuana application form
and issued permit provided by the department that includes a statement
signed by a qualifying patient's physician, stating that in the physician's
professional opinion, the qualifying patient has a debilitating medical
condition and the potential benefits of the medical use of marijuana would
likely outweigh the health risks for the qualifying patient. The department of
public safety may require, through its rulemaking authority, that all written
certifications comply with a designated form. "Written
certifications" are valid for only one year from the time of signing of
the permit issued by the department."
SECTION 4. Section 329-123, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) Qualifying patients shall register
with the department of public safety. Such registration shall be effective
until the expiration of the certificate issued by the department and signed
by the physician. Every qualifying patient shall provide sufficient
identifying information to establish personal identity of the qualifying
patient and the primary caregiver. Qualifying patients shall report changes in
information within five working days. Every qualifying patient shall have only
one primary caregiver at any given time. The department shall then issue to
the qualifying patient a registration certificate, and may charge a reasonable
fee not to exceed [$25] $50."
SECTION 5. Section 329-125, Hawaii Revised Statutes, is amended to read as follows:
"[§329-125] Protections
afforded to a qualifying patient or primary caregiver. (a) A qualifying
patient or the primary caregiver may assert the medical use of marijuana as an
affirmative defense to any prosecution involving marijuana under this [part] or
chapter 712; provided that the qualifying patient or the primary caregiver
strictly complied with the requirements of this part.
(b) Any qualifying patient or primary caregiver not complying with the permitted scope of the medical use of marijuana shall not be afforded the protections against searches and seizures pertaining to the misapplication of the medical use of marijuana.
(c) Any qualifying patient or primary caregiver violating the "adequate supply" provision of this section shall be deemed in violation of the provisions of the medical use of marijuana program and will not be afforded any protection against arrest or the seizure of all the marijuana recovered.
[(c)] (d) No person shall be
subject to arrest or prosecution for simply being in the presence or vicinity
of the medical use of marijuana as permitted under this part."
SECTION 6. Section 329-128, Hawaii Revised Statutes, is amended to read as follows:
"[§329-128] Fraudulent
misrepresentation; penalty. (a) Notwithstanding any law to the contrary,
fraudulent misrepresentation on the department issued medical use of
marijuana application form or statements made to a law enforcement official
of any fact or circumstance relating to the medical use of marijuana to avoid
arrest or prosecution under this part or chapter 712 shall be a [petty
misdemeanor and subject to a fine of $500] class C felony.
(b) Notwithstanding any law to the contrary,
fraudulent misrepresentation on the department issued medical use of
marijuana application form or statements made to a law enforcement official
of any fact or circumstance relating to the issuance of a written certificate
by a physician not covered under section 329-126 for the medical use of
marijuana shall be a [misdemeanor] class C felony. This penalty
shall be in addition to any other penalties that may apply for the non-medical
use of marijuana. Nothing in this section is intended to preclude the
conviction of any person under section 710-1060 or for any other offense under
part V of chapter 710."
SECTION 7. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 8. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 9. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Controlled substances
Description:
Clarifies the state's medical use of marijuana law. Increases penalties for fraudulent application to make consistent with penalties for other controlled substances.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
