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HOUSE OF REPRESENTATIVES |
H.B. NO. |
957 |
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THIRTY-SECOND LEGISLATURE, 2023 |
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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 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- Compassionate access; health care
facility; terminally-ill patients; condition of use. (a) A health care facility shall
allow a terminally ill patient to use medical cannabis in compliance with
section 329-122; provided that:
(1) The patient's intake of the medical cannabis
shall not be through smoking or use of an electronic smoking device;
(2) The medical cannabis, when not in
use, shall be stored in a securely locked box or other container in a location
that a reasonable person would believe to be secure;
(3) The patient shall submit to the
health care facility, documentation establishing that the patient is legally authorized
to use medical cannabis, including a copy of the patient's registration
certificate issued pursuant to section 329-123(b) or written certification
issued pursuant to section 329-126;
(4) The patient's medical use of
cannabis shall be included in the patient's medical records; and
(5) The health care facility shall adopt
and disseminate to its patients:
(A) A medical cannabis use policy that
ensures the safe operations of the health care facility; the health and safety
of its patients, guests, and employees; and compliance with other applicable
laws; and
(B) Written guidelines for the
use of medicinal cannabis by patients on the health care facility's premises.
(b) Notwithstanding any other law to the contrary and the classification of
medicinal cannabis as a schedule I controlled substance, health care facilities
permitting patient use of medicinal cannabis shall comply with drug and
medication requirements applicable to Schedule II, III, and IV controlled
substances and shall be subject to enforcement actions by the department of
health.
(c) Nothing in this section
requires a health care facility to recommend patients to use medicinal cannabis
or include medicinal cannabis in a patient's discharge plan.
(d) Compliance with this section
shall not be a condition for obtaining, retaining, or renewing a license as a
health care facility.
(e) This section does not reduce,
expand, or otherwise modify state laws regulating the cultivation, possession,
distribution, or use of cannabis that may otherwise be applicable.
(f) A health care facility shall suspend
patient use of medical cannabis on premises if the health care facility receives
notice or otherwise obtains knowledge that:
(1) A federal agency, including the
United States Department of Justice, has initiated an enforcement action
against the health care facility in relation to the facility's compliance with
a state-regulated medical cannabis program; or
(2) A federal agency, including the United States Department of Justice and United
States Department of Health and Human Services Centers for Medicare and
Medicaid Services has, by rule or otherwise, prohibited the patient use
of medical cannabis on premises of health care facilities or the facilities' compliance
with a state-regulated medical cannabis program;
until the facility receives notice from the
federal agency allowing the facility to resume patient use of medicinal
cannabis on premises.
(g) No health care facility shall
prohibit patient use of medicinal cannabis on premises due solely on the fact
that cannabis is a Schedule I controlled substance pursuant to the federal
Uniform Controlled Substances Act, or other federal constraints on the use of
medicinal cannabis that were in existence prior to the enactment of this
chapter.
(h) This section does not apply to
a patient receiving emergency services and care.
(i) For the purposes of this section:
"Health
care facility" shall have the same meaning as defined in section 323D-2. "Health care facility" does not include
a chemical dependency recovery hospital or a State hospital.
"Medicinal
cannabis" means cannabis or a cannabis product used by a patient in
compliance with section 329-122.
"Patient"
means an individual admitted to a health care facility for inpatient treatment.
"Terminally
ill" means having a medical condition that can reasonably be expected to
result in death in twelve months or less if the medical condition follows its
natural course."
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Medical Cannabis; Compassionate Access; Health Care Facility; Terminally Ill Patient
Description:
Allows health care facilities to permit terminally ill patients to use medical cannabis under certain conditions.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.