Bill Text: HI HB1219 | 2023 | Regular Session | Amended
Bill Title: Relating To Cannabis For Medical Use.
Spectrum: Partisan Bill (Democrat 15-0)
Status: (Introduced - Dead) 2023-02-15 - The committee(s) on CPC recommend(s) that the measure be deferred. [HB1219 Detail]
Download: Hawaii-2023-HB1219-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1219 |
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THIRTY-SECOND LEGISLATURE, 2023 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO CANNABIS FOR MEDICAL USE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
The legislature also finds that, in a number of other states that authorize the medical use of cannabis, cannabis propagules and cannabis cuttings are available for purchase through state-licensed dispensaries. These laws ensure that patients who choose to cultivate their own cannabis plants have a legal channel from which to obtain safe, quality-assured genetic material with verified therapeutic properties.
The legislature further finds that the State's medical cannabis dispensary system law was enacted, in part, to improve qualifying patients' access to safe and quality-assured medical cannabis and medical cannabis products. However, state law does not explicitly authorize licensed dispensaries to distribute cannabis propagules or cannabis cuttings.
Accordingly, the purpose of this Act is to amend the State's medical cannabis dispensary system law to:
(1) Include cannabis propagules and cannabis cuttings in the definition of "cannabis", thereby authorizing dispensaries to dispense medical cannabis propagules and cannabis cuttings;
(2) Allow qualifying patients and primary caregivers who are authorized to cultivate cannabis for medical use to purchase cannabis propagules and cannabis cuttings from a dispensary licensed in the State; and
(3) Establish quantity limits and quality requirements for the dispensing of cannabis propagules and cannabis cuttings.
SECTION 2. Section 329D-1, Hawaii Revised Statutes, is amended as follows:
1. By adding two new definitions to be appropriately inserted and to read:
""Cannabis
cutting" means the stem of a cannabis plant that is taken or cut off for
the purpose of being rooted and grown into a new cannabis plant.
"Cannabis propagule" means any part of a cannabis plant that can be used to grow a new cannabis plant."
2. By amending the definition of "cannabis" to read:
""Cannabis" shall have the same meaning as in section 329‑121. "Cannabis" includes cannabis propagules and cannabis cuttings."
SECTION 3. Section 329D-13, Hawaii Revised Statutes, is amended to read as follows:
(b)
A qualifying patient[, primary caregiver, qualifying out-of-state
patient, or caregiver of a qualifying out-of-state patient may purchase
cannabis] or primary caregiver who is authorized to cultivate cannabis
pursuant to sections 329-122 and 329‑130(a) shall be allowed to purchase a
total of no more than five cannabis propagules or cannabis cuttings within a
consecutive period of fifteen days, or a total of no more than ten cannabis propagules
or cannabis cuttings within a consecutive period of thirty days; provided that:
(1) The
cannabis propagules or cannabis cuttings dispensed to the qualifying patient or
primary caregiver shall have undergone laboratory-based testing for residual
pesticides and heavy metals; and
(2) The
laboratory-based test results indicate that no pesticides or heavy metals have
been detected from the cannabis propagules or cannabis cuttings.
This subsection shall not apply to a
qualifying out-of-state patient or a caregiver of a qualifying out-of-state
patient.
(c) The purchase of cannabis pursuant to subsection
(a), and the purchase of cannabis propagules and cannabis cuttings pursuant to
subsection (b), may be made from any dispensary location in the State,
subject to the quantity limits and quality restrictions as set
forth in [subsection] subsections (a)[.] and (b).
[(c) Beginning on January 1, 2018, this section]
(d) Subsections (a) and (c) may
apply to qualifying out-of-state patients from other states, territories of the
United States, or the District of Columbia[;], who are attempting to
purchase cannabis, exclusive of cannabis propagules and cannabis cuttings; provided
that the patient meets the registration requirements of section 329-123.5."
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. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect on June 30, 3000.
Report Title:
Cannabis; Cannabis Propagules; Cannabis Cuttings; Medical Cannabis Dispensaries; Dispensing Limits and Restrictions
Description:
Defines
"cannabis cutting" and "cannabis propagule". Amends the definition of "cannabis"
to include cannabis propagules and cannabis cuttings. Allows qualifying patients and primary
caregivers who are authorized to cultivate cannabis for medical use to purchase
cannabis propagules and cannabis cuttings from licensed dispensaries in the
State under certain conditions. Establishes
quantity limits and quality requirements for the dispensing of cannabis
propagules and cannabis cuttings.
Effective 6/30/3000. (HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
