Bill Text: HI HB667 | 2022 | Regular Session | Introduced
Bill Title: Relating To Medical Cannabis.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2021-12-10 - Carried over to 2022 Regular Session. [HB667 Detail]
Download: Hawaii-2022-HB667-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
667 |
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THIRTY-FIRST LEGISLATURE, 2021 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO MEDICAL CANNABIS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 329D, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:
"§329D-A Medical
cannabis delivery permit; delivery to qualifying patient. (a)
Notwithstanding subsection 329D-6(n) to the contrary, the department may
issue a medical cannabis delivery permit to a medical cannabis dispensary for
the safe and secure transport of medical cannabis or manufactured cannabis
products to a qualifying patient.
(b) A medical cannabis delivery permit issued
pursuant to this section shall be valid for one year and may be renewed
annually upon renewal of the medical cannabis dispensary license.
(c) A medical cannabis delivery permit issued pursuant to this section shall apply to only one dispensary; provided that a single medical cannabis delivery permit may apply to multiple retail dispensing locations if the retail dispensing locations are covered under the same dispensary's license, as specified in this chapter and rules adopted by the department.
(d) At the time of an order for delivery of
medical cannabis or manufactured cannabis products, the dispensary shall
require the qualifying patient to verify that the qualifying patient is
qualified to purchase and receive a delivery of medical cannabis or
manufactured cannabis products pursuant to this section, including:
(1) The qualifying
patient's name and date of birth;
(2) The medical
cannabis registration certificate number reflected on the qualifying patient's registration
with the department;
(3) The address of
the residence where the order will be delivered; and
(4) Any other
information required by the department.
(e) A dispensary with a valid medical cannabis
delivery permit may receive an order by electronic means from a qualifying
patient for the purchase and delivery of medical cannabis or manufactured
cannabis products using an online platform for medical cannabis or manufactured
cannabis product delivery; provided that the online platform shall require the
qualifying patient to choose a retail dispensing location before viewing the
price of the medical cannabis or manufactured cannabis product.
(f) A dispensary may deliver medical cannabis and
manufactured cannabis products only to the qualifying patient who placed the
order and who:
(1) Provides valid
photographic identification in the form of a state identification card,
driver's license, or passport; and
(2) Provides a
signature acknowledging the delivery of the medical cannabis or manufactured cannabis
product.
(g) Any person delivering medical cannabis or manufactured
cannabis products shall:
(1) Be a current
employee of the dispensary;
(2) Have completed training
on proof of identification and verification, including all forms of identification
deemed acceptable by the department; and
(3) Have completed any
other training required by the department.
(h) A dispensary with a valid medical cannabis
delivery permit issued pursuant to this section shall:
(1) Charge a $1
surcharge on each delivery made pursuant to this section, which shall be
collected and remitted to the department on a monthly basis;
(2) Track the
medical cannabis and manufactured cannabis products delivered to a qualifying
patient using the computer software tracking system pursuant to section
329D-6(j);
(3) Deliver only to
a qualifying patient at the address provided in the order for medical cannabis
or manufactured cannabis products; and
(4) Deliver only to
private residences.
(i) A dispensary with a valid medical cannabis
delivery permit issued pursuant to this section shall not:
(1) Deliver medical
cannabis or manufactured cannabis products to any qualifying patient while also
transporting medical cannabis or manufactured cannabis products between the
dispensary's production centers and retail dispensing locations in the same
vehicle;
(2) Deliver medical
cannabis and manufactured cannabis products in excess of the amounts established
under section 329D-13; or
(3) Deliver more
than once per day to the same qualifying patient or private residence.
(j) It shall not be a violation of any state or
county civil or criminal law for a dispensary with a medical cannabis delivery
permit, or a person who has made timely and sufficient application for the
renewal of the permit, or a dispensary's licensees as authorized by the
department to possess, transport, and deliver medical cannabis or manufactured
cannabis products pursuant to this section in amounts that do not exceed the amounts
established by the department.
(k) The department shall disclose any reports,
including complaints, investigative actions, and final agency action orders,
upon request, to any state or county agency engaged in the criminal
investigation or prosecution of violations of applicable state or county law or
regulations related to criminal activity that is materially related to medical
cannabis delivery.
(l) Notwithstanding any provision of this section to the contrary, delivery of medical cannabis or manufactured cannabis products shall not be permitted at any school or on the campus of any institution of higher education.
(m)
For purposes of this section, "private
residence" means the private premises where a person lives, such as a
private dwelling place or place of habitation.
"Private residence" specifically excludes any premises located
at a school or on the campus of any institution of higher education, or any
other public property.
§329D-B Medical cannabis transporter license. The department may issue to a person a revocable medical cannabis transporter license that may be renewed on an annual basis; provided that any licensed medical cannabis transporter shall:
(1) Follow the
requirements for delivery of medical cannabis or manufactured
cannabis product from a designated dispensary to a qualifying patient as
required under section 329D-A, including the tracking requirements pursuant to
section 329-A(h)(2);
(2) Meet the same
requirements for delivery of medical cannabis or manufactured cannabis products
from a designated dispensary to a qualifying patient applicable to medical
cannabis delivery permits as specified under section 329D-A;
(3) Be authorized
to transport medical cannabis or manufactured cannabis products for more than
one dispensary under the terms and conditions set by the department; provided
that a retail medical cannabis transporter shall not be allowed to deliver to
more than
qualifying patients in one trip from a dispensary; and
(4) Meet all requirements
of this chapter applicable to subcontractors."
SECTION 2. Section 329-122, Hawaii Revised Statutes, is amended by amending subsection (f) to read as follows:
"(f) For the purposes of this section,
"transport" means the transportation of cannabis, usable cannabis, or
any manufactured cannabis product between:
(1) A qualifying patient and the qualifying
patient's primary caregiver;
(2) A qualifying out-of-state patient under
eighteen years of age and the caregiver of a qualifying out-of-state patient;
(3) The production centers and the retail
dispensing locations under a dispensary licensee's license; [or]
(5) Dispensaries as permitted by section 329D‑6(r);
or
[(4)]
(6) A production center, retail
dispensing location, qualifying patient, primary caregiver, qualifying out-of-state
patient, or caregiver of a qualifying out-of-state patient and
a certified laboratory for the purpose of laboratory testing; provided
that a qualifying patient, primary caregiver, qualifying out-of-state patient,
or caregiver of a qualifying out-of-state patient may only transport up to one
gram of cannabis per test to a certified laboratory for laboratory testing and
may only transport the product if the qualifying patient, primary caregiver,
qualifying out-of-state patient, or caregiver of a qualifying out-of-state
patient:
(A) Secures an appointment for testing at a certified laboratory;
(B) Obtains confirmation, which may be electronic, that includes the specific time and date of the appointment and a detailed description of the product and amount to be transported to the certified laboratory for the appointment; and
(C) Has the
confirmation, which may be electronic, available during transport.
For purposes of interisland transportation, "transport" of cannabis, usable cannabis, or any manufactured cannabis product, by any means is allowable only between dispensaries as permitted by section 329D‑6(r) and between a production center or retail dispensing location and a certified laboratory for the sole purpose of laboratory testing pursuant to section 329D-8, as permitted under section 329D-6(m) and subject to section 329D‑6(j), and with the understanding that state law and its protections do not apply outside of the jurisdictional limits of the State. Allowable transport pursuant to this section does not include interisland transportation by any means or for any purpose between a qualified patient, primary caregiver, qualifying out-of-state patient, or caregiver of a qualifying out-of-state patient and any other entity or individual, including an individual who is a qualified patient, primary caregiver, qualifying out-of-state patient, or caregiver of a qualifying out-of-state patient."
SECTION 3. Section 329D-1, Hawaii Revised Statutes, is amended as follows:
1. By amending the definition of "medical cannabis dispensary" or "dispensary" to read:
""Medical cannabis
dispensary" or "dispensary" means a person licensed by the State
pursuant to this chapter to own, operate, or subcontract up to two production
centers and up to [two] five retail dispensing locations."
2. By amending the definition of "medical cannabis production center" or "production center" to read:
""Medical cannabis
production center" or "production center" means a farm or
facility wholly owned, operated, or subcontracted by a person licensed by the
State pursuant to this chapter as a medical cannabis dispensary that produces cannabis
and manufactured cannabis products [solely] to supply cannabis and
manufactured cannabis products to one or more of the retail dispensing
locations of [the] any licensed medical cannabis dispensary."
SECTION 4. Section 329D-2, Hawaii Revised Statutes, is amended as follows:
1. By amending subsections (f) and (g) to read:
"(f) Up to two production centers shall be allowed
under each dispensary license; provided that, except as otherwise specified in
subsection (k), each production center shall be limited to no more than [three]
eight thousand cannabis plants.
For purposes of this subsection, "plant" means a cannabis
plant that is greater than twelve vertical inches in height from where the base
of the stalk emerges from the growth medium to the tallest point of the plant,
or greater than twelve horizontal inches in width from the end of one branch to
the end of another branch; provided that multiple stalks emanating from the
same root ball or root system shall be considered part of the same single
plant.
(g) A
dispensary licensee may establish up to [two] five retail
dispensing locations under the licensee's dispensary license, except as
otherwise specified in subsection (l)."
2. By amending subsection (k) to read:
"(k) Notwithstanding subsection (f) to the
contrary, the department may determine whether dispensary licensees shall be allowed
an additional two thousand cannabis plants at each of the licensee's production
centers. In no case shall a licensee be
allowed more than [five] ten thousand plants at a single
production center."
SECTION 5. Section 329D-6, Hawaii Revised Statutes, is amended to read as follows:
"§329D-6 Dispensary operations. (a) No person
shall operate a dispensary, nor engage in the production, manufacture, or sale
of cannabis or manufactured cannabis products, unless the person has obtained a
license from the department pursuant to this chapter.
(b) No dispensary licensee, its officers,
employees, or agents shall provide written certification for the use of medical
cannabis or manufactured cannabis products for any person.
(c) No person under the age of twenty-one shall
be employed by a dispensary licensee.
(d) Notwithstanding any other law to the
contrary, including but not limited to sections 378-2 and 378-2.5, dispensaries:
(1) Shall deny employment to any
individual who has been:
(A) Convicted of murder in any degree;
(B) Convicted of a class A or class B felony; or
(C) Convicted of a class C felony involving trafficking, distributing, or promoting a schedule I or II controlled substance other than cannabis within the last ten years; and
(2) May deny employment to any individual who has been convicted of a class C felony involving:
(A) Fraud, deceit, misrepresentation, embezzlement, or theft; or
(B) Endangering the welfare of a minor.
Employment under this chapter shall be exempt from section 378‑2(a)(1),
as it relates to arrest and court record discrimination, and section 378-2.5.
(e) Retail dispensing locations shall not be open for retail sales before 8:00 a.m. or after 8:00 p.m., Hawaii-Aleutian Standard Time, Monday through Sunday.
(f) All dispensary facilities, including but not
limited to production centers and retail dispensing locations, shall be
enclosed indoor facilities and shall maintain twenty-four hour security
measures, including but not limited to an alarm system, video monitoring and
recording on the premises, and exterior lighting. A dispensary licensee who intends to utilize,
as a production center, an enclosed indoor facility that includes a roof that
is partially or completely transparent or translucent, as provided under
section 329D-1, shall notify the department of that intention [prior to]
before altering or constructing the facility. Production centers shall remain locked at all
times. Retail dispensing locations shall
remain locked at all times, other than business hours as authorized by
subsection (e), and shall only be opened for authorized persons.
(g) In all dispensary facilities, only the licensee, if an individual, registered employees of the dispensary licensee, registered employees of a subcontracted production center or retail dispensing location, employees of a certified laboratory for testing purposes, state employees authorized by the director of health, and law enforcement and other government officials acting in their official capacity shall be permitted to touch or handle any cannabis or manufactured cannabis products, except that a qualifying patient, primary caregiver, qualifying out-of-state patient, or caregiver of a qualifying out-of-state patient may receive manufactured cannabis products at a retail dispensing location following completion of a sale.
(h) A dispensary shall provide the department
with the address, tax map key number, and a copy of the premises lease, if
applicable, of the proposed location of a production center allowed under a
license for a county [not] no later than thirty days [prior to]
before any medical cannabis or manufactured cannabis products being
produced or manufactured at that production center.
(i) A dispensary shall provide the department
with the address, tax map key number, and a copy of the premises lease, if applicable,
of the proposed location of each retail dispensing location allowed under a
license [not] no less than sixty days [prior to] before
opening for business.
(j) The department shall establish, maintain, and control a computer software tracking system that shall have real time, twenty-four-hour access to the data of all dispensaries.
(1) The computer
software tracking system shall collect data relating to:
(A) The total amount of cannabis in possession of all dispensaries from either seed or immature plant state, including all plants that are derived from cuttings or cloning, until the cannabis, cannabis plants, or manufactured cannabis product is sold or destroyed pursuant to section 329D-7;
(B) The total amount of manufactured cannabis product inventory, including the equivalent physical weight of cannabis that is used to manufacture manufactured cannabis products, purchased by a qualifying patient, primary caregiver, qualifying out-of-state patient, and caregiver of a qualifying out-of-state patient from all retail dispensing locations in the State in any fifteen-day period;
(C) The amount of
waste produced by each plant at harvest; [and]
(D) The transport of
cannabis and manufactured cannabis products between production centers and retail
dispensing locations[,] and between dispensaries as permitted by subsection
(r), including tracking identification issued by the tracking system, the
identity of the person transporting the cannabis or manufactured cannabis
products, and the make, model, and license number of the vehicle being used for
the transport;
(E) The delivery of cannabis and manufactured cannabis products
pursuant to sections 329D-A and 329D-B; and
(F) All sales and purchases of cannabis or manufactured cannabis
products undertaken pursuant to subsection (r);
(2) The procurement of the computer software tracking system established pursuant to this subsection shall be exempt from chapter 103D; provided that:
(A) The department shall publicly solicit at least three proposals for the computer software tracking system; and
(B) The selection of the computer software tracking system shall be approved by the director of the department and the chief information officer; and
(3) Notwithstanding any other provision of this subsection to the contrary, once the department has authorized a licensed dispensary to commence sales of cannabis or manufactured cannabis products, if the department's computer software tracking system is inoperable or is not functioning properly, as an alternative to requiring dispensaries to temporarily cease operations, the department may implement an alternate tracking system that will enable a qualifying patient, primary caregiver, qualifying out-of-state patient, and caregiver of a qualifying out-of-state patient to purchase cannabis or manufactured cannabis products from a licensed dispensary on a temporary basis. The department shall seek input regarding the alternate tracking system from medical cannabis licensees. The alternate tracking system may operate as follows:
(A) The department may immediately notify all licensed dispensaries that the computer software tracking system is inoperable; and
(B) Once the computer software tracking system is operational and functioning to meet the requirements of this subsection, the department may notify all licensed dispensaries, and the alternate tracking system in this subsection shall be discontinued.
(k) A dispensary licensed pursuant to this chapter
shall purchase, operate, and maintain a computer software tracking system that
shall:
(1) Interface with the department's computer software tracking system established pursuant to subsection (j);
(2) Allow each licensed dispensary's production center to submit to the department in real time, by automatic identification and data capture, all cannabis, cannabis plants, and manufactured cannabis product inventory in possession of that dispensary from either seed or immature plant state, including all plants that are derived from cuttings or cloning, until the cannabis or manufactured cannabis product is sold or destroyed pursuant to section 329D-7;
(3) Allow the licensed dispensary's retail dispensing location to submit to the department in real time for the total amount of cannabis and manufactured cannabis product purchased by a qualifying patient, primary caregiver, qualifying out-of-state patient, and caregiver of a qualifying out-of-state patient from the dispensary's retail dispensing locations in the State in any fifteen day period; provided that the software tracking system shall impose an automatic stopper in real time, which cannot be overridden, on any further purchases of cannabis or manufactured cannabis products, if the maximum allowable amount of cannabis has already been purchased for the applicable fifteen day period; provided further that additional purchases shall not be permitted until the next applicable period; and
(4) Allow the licensed
dispensary to submit all data required by this subsection to the department and
permit the department to access the data if the department's computer software
tracking system is not functioning properly and sales are made pursuant to the
alternate tracking system under subsection (j).
(l) No free samples of cannabis or manufactured cannabis
products shall be provided at any time, and no consumption of cannabis or
manufactured cannabis products shall be permitted on any dispensary premises.
(m) [A] Except
as permitted pursuant to subsection (r), a dispensary shall not transport cannabis
or manufactured cannabis products to another county or another island; provided
that this subsection shall not apply to the transportation of cannabis or any
manufactured cannabis product solely for the purposes of laboratory testing
pursuant to section 329D-8, and subject to subsection (j); provided further
that a dispensary shall only transport samples of cannabis and manufactured cannabis
products for laboratory testing for purposes of this subsection in an amount
and manner prescribed by the department, in rules adopted pursuant to this
chapter, and with the understanding that state law and its protections do not
apply outside of the jurisdictional limits of the State.
(n) [A] Except as otherwise provided in
section 329D-A and for dispensary-to-dispensary sales as provided in subsection
(r), a dispensary shall be prohibited from off-premises delivery of
cannabis or manufactured cannabis products to a qualifying patient, primary
caregiver, qualifying out-of-state patient, or caregiver of a qualifying
out-of-state patient.
(o) A dispensary shall not:
(1) Display cannabis or manufactured cannabis products in windows
or in public view; or
(2) Post any signage other than a single sign no greater than one
thousand six hundred square inches bearing only the business or trade name in
text without any pictures or illustrations; provided that if any applicable law
or ordinance restricting outdoor signage is more restrictive, that law or
ordinance shall govern.
(p) No cannabis or manufactured cannabis products
shall be transported to, from, or within any federal fort or arsenal, national
park or forest, any other federal enclave, or any other property possessed or
occupied by the federal government.
(q) A dispensary licensed pursuant to this chapter shall be prohibited from providing written certification pursuant to section 329-122 for the use of medical cannabis for any person.
(r) In the event of a crop failure or an inability of a current licensee
to meet product demand, or to provide a licensee the ability to offer qualifying
patients a diversity of strains, formulations, and dosages, the department may
permit a dispensary to purchase medical cannabis and manufactured cannabis products
from another dispensary; provided that
(1) All sales and purchases of cannabis and manufactured
cannabis products pursuant to this subsection shall be subject to the data
collection and reporting requirements of the computer software tracking system
outlined in subsection (j); and
(2) The selling dispensary is permitted to transport cannabis or manufactured cannabis products to another county or another island, for the limited purpose of completing its sale to the purchasing dispensary pursuant to this subsection and with the understanding that state law and its protections do not apply outside of the jurisdictional limits of the State."
SECTION 6. Section 329D-7, Hawaii Revised Statutes, is amended to read as follows:
"§329D-7 Medical cannabis dispensary rules. The department shall establish standards with respect to:
(1) The number of medical cannabis dispensaries that shall be
permitted to operate in the State;
(2) A fee structure for the submission of applications and
renewals of licenses to dispensaries; provided that the department shall
consider the market conditions in each county in determining the license
renewal fee amounts;
(3) Criteria and procedures for the consideration and selection, based on merit, of applications for licensure of dispensaries; provided that the criteria shall include but not be limited to an applicant's:
(A) Ability to operate a business;
(B) Financial
stability and access to financial resources; provided that applicants for medical
cannabis dispensary licenses shall provide documentation that demonstrates
control of [not] no less than $1,000,000 in the form of escrow
accounts, letters of credit, surety bonds, bank statements, lines of credit or
the equivalent to begin operating the dispensary;
(C) Ability to comply with the security requirements developed pursuant to paragraph (6);
(D) Capacity to meet the needs of qualifying patients and qualifying out-of-state patients;
(E) Ability to comply with criminal background check requirements developed pursuant to paragraph (8); and
(F) Ability to comply with inventory controls developed pursuant to paragraph (13);
(4) Specific requirements regarding annual audits and reports
required from each production center and dispensary licensed pursuant to this chapter;
(5) Procedures for announced and unannounced inspections by the
department or its agents of production centers and dispensaries licensed
pursuant to this chapter; provided that inspections for license renewals
shall be unannounced;
(6) Security requirements for the operation of production centers and retail dispensing locations; provided that, at a minimum, the following shall be required:
(A) For production centers:
(i) Video monitoring and recording of the premises; provided that recordings shall be retained for fifty days;
(ii) Fencing that surrounds the premises and that is sufficient to reasonably deter intruders and prevent anyone outside the premises from viewing any cannabis in any form;
(iii) An alarm system; and
(iv) Other reasonable security measures to deter or prevent intruders, as deemed necessary by the department;
(B) For retail dispensing locations:
(i) Presentation of a valid government-issued photo identification and a valid identification as issued by the department pursuant to section 329-123 by a qualifying patient or caregiver, or section 329-123.5 by a qualifying out-of-state patient or caregiver of a qualifying out-of-state patient, upon entering the premises;
(ii) Video monitoring and recording of the premises; provided that recordings shall be retained for fifty days;
(iii) An alarm system;
(iv) Exterior lighting; and
(v) Other reasonable security measures as deemed necessary by the department;
(7) Security requirements for the transportation of cannabis and manufactured cannabis products between production centers and retail dispensing locations, between a medical cannabis delivery permittee or licensed medical cannabis transporter and a qualifying patient, between dispensaries as permitted by section 329D‑6(r), and between a production center, retail dispensing location, qualifying patient, primary caregiver, qualifying out-of-state patient, or caregiver of a qualifying out-of-state patient and a certified laboratory, pursuant to section 329‑122(f);
(8) Standards and criminal background checks to ensure the reputable and responsible character and fitness of all license applicants, licensees, employees, subcontractors and their employees, and prospective employees of medical cannabis dispensaries to operate a dispensary; provided that the standards, at a minimum, shall exclude from licensure or employment any person convicted of any felony;
(9) The training and certification of operators and employees of production centers and dispensaries;
(10) The types of manufactured cannabis products that dispensaries shall be authorized to manufacture and sell pursuant to sections 329D-9 and 329D-10;
(11) Laboratory standards related to testing cannabis and manufactured cannabis products for content, contamination, and consistency;
(12) The quantities of cannabis and manufactured cannabis products that a dispensary may sell or provide to a qualifying patient, primary caregiver, qualifying out-of-state patient, or caregiver of a qualifying out-of-state patient; provided that no dispensary shall sell or provide to a qualifying patient, primary caregiver, qualifying out-of-state patient, or caregiver of a qualifying out-of-state patient any combination of cannabis and manufactured products that:
(A) During a period of fifteen consecutive days, exceeds the equivalent of four ounces of cannabis; or
(B) During a period of thirty consecutive days, exceeds the equivalent of eight ounces of cannabis;
(13) Dispensary and production center inventory controls to prevent the unauthorized diversion of cannabis or manufactured cannabis products or the distribution of cannabis or manufactured cannabis products to a qualifying patient, primary caregiver, qualifying out-of-state patient, or caregiver of a qualifying out-of-state patient in quantities that exceed limits established by this chapter; provided that the controls, at a minimum, shall include:
(A) A computer software tracking system as specified in section 329D-6(j) and (k); and
(B) Product packaging standards sufficient to allow law enforcement personnel to reasonably determine the contents of an unopened package;
(14) Limitation to the size or format of signs placed outside a retail dispensing location or production center; provided that the signage limitations, at a minimum, shall comply with section 329D-6(o)(2) and shall not include the image of a cartoon character or other design intended to appeal to children;
(15) The disposal or destruction of unwanted or unused cannabis and manufactured cannabis products;
(16) The enforcement of the following prohibitions against:
(A) The sale or provision of cannabis or manufactured cannabis products to unauthorized persons;
(B) The sale or provision of cannabis or manufactured cannabis products to a qualifying patient, primary caregiver, qualifying out-of-state patient, or caregiver of a qualifying out-of-state patient in quantities that exceed limits established by this chapter;
(C) Any use or consumption of cannabis or manufactured cannabis products on the premises of a retail dispensing location or production center; and
(D) The distribution of cannabis or manufactured cannabis products, for free, on the premises of a retail dispensing location or production center;
(17) The establishment of a range of penalties for violations of this chapter or rule adopted thereto; and
(18) A process to recognize and register patients who are authorized to purchase, possess, and use medical cannabis in another state, a United States territory, or the District of Columbia as qualifying out-of-state patients; provided that this registration process may commence no sooner than January 1, 2018."
SECTION 7. Section 329D-12, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) The following shall be subject to background checks conducted by the department or its designee, including but not limited to criminal history record checks in accordance with section 846‑2.7:
(1) Each applicant and licensee for a medical cannabis dispensary license, including the individual applicant and all officers, directors, members of a limited liability corporation; shareholders with at least twenty-five per cent or more ownership interest in a corporation; and managers of an entity applicant;
(2) Each employee of a medical cannabis dispensary;
(3) Each employee of a subcontracted production center or retail dispensing location;
(4) All officers,
directors, members of a limited liability corporation; and shareholders with at
least twenty-five per cent or more ownership interest in a corporate owner of a
subcontracted production center or retail dispensing location; [and]
(5) Any person
permitted to enter and remain in a dispensary facility pursuant to section 329D‑15(a)(4)
or 329D-16(a)(3)[.]; and
(6) A licensed medical
cannabis transporter pursuant to section 329D-B.
The person undergoing the background check shall provide written consent and all applicable processing fees to the department or its designee to conduct the background checks."
SECTION 8. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 9. In codifying the new sections added by section
1 of this Act, the revisor of statutes shall substitute appropriate section
numbers for the letters used in designating the new sections in this Act.
SECTION 10. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 11. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Medical Cannabis; Delivery; License; Dispensary; DOH
Description:
Authorizes the department of health to issue medical cannabis delivery permits and medical cannabis transporter licenses for the delivery of medical cannabis and manufactured cannabis products to qualifying patients if certain conditions are met. Increases the allowable number of retail dispensing locations and cannabis plants per dispensary license. Allows a licensed dispensary to purchase medical cannabis or manufactured cannabis products from another licensed dispensary, with department approval, in the event of a crop failure or an inability to meet product demand or to provide more product diversity.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
