Bill Text: HI HB1455 | 2015 | Regular Session | Introduced
Bill Title: Medical Marijuana; Primary Caregivers
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2015-02-18 - The committee(s) on CPC recommend(s) that the measure be deferred. [HB1455 Detail]
Download: Hawaii-2015-HB1455-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1455 |
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TWENTY-EIGHTH LEGISLATURE, 2015 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to medical marijuana.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the state medical marijuana program, which was enacted as Act 228, Session Laws of Hawaii 2000, and codified as part IX of chapter 329, Hawaii Revised Statutes, is a public health program conceived out of concern for the health and welfare of the people of the State. However, the intent of Act 228 has been frustrated by the fact that legal access to medical marijuana is severely restricted in Hawaii. Although the state medical marijuana program has existed for nearly fifteen years, current law provides no legal method of acquiring medical marijuana other than allowing qualifying patients and primary caregivers to grow it themselves.
The legislature also finds that a task force was convened in 2014 to develop a framework for a system of medical marijuana dispensaries. Legislation based on the recommendations of the task force is expected to be considered during the current legislative session. However, even if this legislation is enacted, it is anticipated that a medical marijuana dispensary system would not be operational until 2017 or later.
The legislature further finds that more immediate measures are necessary to improve access to medical marijuana for qualifying patients who are unable to grow their own supply.
The purpose of this Act is to:
(1) Allow a qualifying patient or a primary caregiver to transfer marijuana plants or plant material to any other qualifying patient or primary caregiver;
(2) Increase the amount of marijuana that constitutes an adequate supply; and
(3) Increase the maximum number of qualifying patients that a primary caregiver may care for at any given time.
SECTION 2. 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- Transfer of marijuana plants or plant materials. Notwithstanding any law to the contrary, a qualifying patient or primary caregiver who is registered under section 329-123 may provide usable marijuana or any part of the marijuana plant, including seeds, seedlings, or clones, to any other qualifying patient or any other primary caregiver who is registered under section 329-123; provided that the total amount of marijuana possessed by the recipient does not exceed the adequate supply amount specified in section 329-121."
SECTION 3. Section 329-121, Hawaii Revised Statutes, is amended by amending the definition of "adequate supply" to read as follows:
""Adequate
supply" means an amount of marijuana jointly possessed between the
qualifying patient and the primary caregiver that is not more than is
reasonably necessary to assure the uninterrupted availability of marijuana for
the purpose of alleviating the symptoms or effects of a qualifying patient's
debilitating medical condition; provided that an "adequate supply"
shall not exceed [seven] sixteen marijuana plants, whether
immature or mature, and [four] eight ounces of usable marijuana
at any given time."
SECTION 4. Section 329-123, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
"(c) Primary caregivers
shall register with the department of health. Every primary caregiver shall be
responsible for the care of [only one] not more than five
qualifying [patient] patients at any given time[.];
provided that, upon registration, a primary caregiver shall disclose the number
of qualifying patients for whom the primary caregiver is responsible and that
number shall be included on any registration card provided to the primary
caregiver. The primary caregiver shall notify the department of health in
writing of any changes to the number of qualifying patients for whom the
primary caregiver is responsible."
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Medical Marijuana; Transfer; Adequate Supply; Primary Caregivers
Description:
Allows a qualifying patient or a primary caregiver to transfer marijuana plants or plant material to any other qualifying patient or primary caregiver. Increases the amount of marijuana that constitutes an adequate supply. Increases the maximum number of qualifying patients that a primary caregiver may care for at any given time.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
