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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1455 |
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TWENTY-EIGHTH LEGISLATURE, 2015 |
H.D. 1 |
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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) Increase the maximum number of qualifying patients that a primary caregiver may care for at any given time;
(2) Limit the number of marijuana plants grown for medical marijuana use to no more than fourteen marijuana plants located at a single property defined by a single tax map key number; and
(3) Require a primary caregiver to disclose to the department of health upon registration the number of qualifying patients and other information for whom the primary caregiver is responsible.
SECTION 2. Chapter 329, Hawaii Revised Statutes, is amended by adding a new section to part IX to be appropriately designed and to read as follows:
"§329- Limit of marijuana plants grown. Notwithstanding the adequate supply amount authorized for each qualifying patient and primary caregiver pursuant to this chapter, there shall be no more than fourteen marijuana plants located at a single property defined by a single tax map key number."
SECTION 3. 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] no more than three
qualifying [patient] patients at any given time[.];
provided that upon establishment of a medical marijuana dispensary, each
primary caregiver shall be responsible for the care of no more than one
qualifying patient at any given time.
Upon registration, a primary caregiver shall disclose to the department of health, the number of qualifying patients, and the name, address, patient identification number, and other identifying information of each qualifying patient, for whom the primary caregiver is responsible and that number shall be included on any registration card provided to the private 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 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 2050.
Report Title:
Medical Marijuana; Primary Caregivers
Description:
Increases the maximum number of qualifying patients that a primary caregiver may care for at any given time. Requires each primary caregiver upon registration to disclose to the Department of Health the number of qualifying patients and other patient information for whom the caregiver is responsible. Limits the number of marijuana plants that can be grown for medical marijuana use to 14 plants at a single property. (HB1455 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.