Bill Text: HI HB1829 | 2016 | Regular Session | Introduced
Bill Title: Medical Marijuana; Prohibitions; Penalties
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2016-02-19 - Passed Second Reading and referred to the committee(s) on FIN with Representative(s) Cachola, Matsumoto, Pouha, Say voting aye with reservations; Representative(s) Choy, Har, McDermott, Oshiro, Tupola, Ward voting no (6) and Representative(s) Kawakami, Nakashima, Thielen, Tokioka excused (4). [HB1829 Detail]
Download: Hawaii-2016-HB1829-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1829 |
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TWENTY-EIGHTH LEGISLATURE, 2016 |
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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 certain felony offenses that were created within Act 241, Session Laws of Hawaii 2015, which created a medical marijuana dispensary system in the State, are unnecessary and unhelpful. Most of the new offenses created redundancies between those offenses and other bodies of law and established more serious penalties than certain prohibitions relating to potentially harmful substances such as alcohol, tobacco, and even opiates. The legislature finds that felony penalties relating to unauthorized access of a medical marijuana dispensary or production center are particularly unjustified.
Accordingly, the purpose of this Act is to:
(1) Repeal unnecessary prohibitions relating to medical marijuana; and
(2) Amend certain penalties relating to medical marijuana prohibitions to make them more commensurate with prohibitions relating to alcohol.
SECTION 2. Section 329D-14, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) Any person who violates subsection (a)
shall be guilty of a [class C felony.] petty misdemeanor."
SECTION 3. Section 329D-17, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) Any person who violates this section
shall be guilty of a [class B felony.] misdemeanor."
SECTION 4. Section 329D-15, Hawaii Revised Statutes, is repealed.
["[§329D-15] Criminal offense;
unauthorized access to retail dispensing location. (a) No person
shall intentionally or knowingly enter or remain upon the premises of a medical
marijuana retail dispensing location unless the individual is:
(1) An
individual licensee or registered employee of the dispensary;
(2) A
qualifying patient or primary caregiver of a qualifying 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, 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;
(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 marijuana 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).
(c) Unauthorized access to a retail
dispensing location is a class C felony."]
SECTION 5. Section 329D-16, Hawaii Revised Statutes, is repealed.
["[§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
marijuana 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
for a specific purpose for that dispensary, 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 at all times while
in the dispensary facility;
(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 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 marijuana 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).
(c) Unauthorized access to
a production center is a class C felony."]
SECTION 6. Section 329D-18, Hawaii Revised Statutes, is repealed.
["[§329D-18] Diversion from
dispensary or production center; penalties. (a) A person commits
diversion from a dispensary or production center if the person is a licensee,
operator, or employee of a dispensary or production center and intentionally or
knowingly diverts to the person's own use or other unauthorized or illegal use,
or takes, makes away with, or secretes, with intent to divert to the person's
own use or other unauthorized or illegal use, any medical marijuana,
manufactured marijuana product, or marijuana concentrate under the person's
possession, care, or custody as a licensee, operator, or employee of a medical
marijuana dispensary or production center licensed by the department.
(b) Any person who violates this section
shall be guilty of a class C felony."]
SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 8. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Medical Marijuana; Prohibitions; Penalties
Description:
Amends penalties pertaining to certain medical marijuana prohibitions. Repeals certain medical marijuana prohibitions.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
