Bill Text: HI SB1064 | 2025 | Regular Session | Amended
Bill Title: Relating To Medical Cannabis.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2025-02-21 - The committee(s) on JDC/WAM will hold a public decision making on 02-26-25 10:05AM; Conference Room 211 & Videoconference. [SB1064 Detail]
Download: Hawaii-2025-SB1064-Amended.html
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THE SENATE |
S.B. NO. |
1064 |
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THIRTY-THIRD LEGISLATURE, 2025 |
S.D. 1 |
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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:
"§329D- Unauthorized operation of a dispensary; criminal penalty. (a) It shall be unlawful for any person to operate a dispensary without a license from the department pursuant to this chapter.
(b) No person shall intentionally, knowingly, or recklessly operate any search platform, web hosting services, social media platform, or other entity that posts information advertising the sale of cannabis products by an unlicensed person or entity engaged in the production, manufacture, or sale of cannabis or manufactured cannabis products without a license pursuant to this chapter.
(c) The department shall issue a cease and desist
notice to any person or entity who violates subsection (a) or (b); provided
that the cease and desist notice shall be issued before initiating criminal
proceedings.
(d) Any person who violates subsection (a) shall
be guilty of a class C felony.
(e) It shall be an affirmative defense to subsection
(b) that the person operating any search platform, web hosting services, social
media platform, or other entity that posts information advertising the sale of
cannabis products had requested, examined, and reasonably relied upon a license
that appeared to have been issued by the department that was shown by the
unlicensed person or unlicensed entity engaged in the production, manufacture,
or sale of cannabis or manufactured cannabis products establishing that the
unlicensed person or unlicensed entity was licensed by the department to engage
in the production, manufacture, or sale of cannabis or manufactured cannabis
products pursuant to this chapter. The
failure of the person operating any search platform, web hosting services,
social media platform, or other entity that posts information advertising the
sale of cannabis products to request and examine a license issued by the
department from the unlicensed person or unlicensed entity engaged in the
production, manufacture, or sale of cannabis or manufactured cannabis products before
providing access to any search platform, web hosting services, social media
platform, or other entity that posts information advertising the sale of
cannabis products shall be construed against the person operating any search
platform, web hosting services, social media platform, or other entity that
posts information advertising the sale of cannabis products and form a
conclusive basis for the person’s violation of this section.
(f) This section shall not apply to:
(1) Hemp
processors, hemp product retailers, or hemp produce retailers with a
valid permit under chapter 328G; or
(2) Primary qualified caregivers registered under chapter 329 who are acting within the scope of their permit or registration."
SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect on December 31, 2050.
Report Title:
DOH; Medical Cannabis; Licensure; Requirement; Cease and Desist Notice; Penalty; Violations; Affirmative Defense; Conclusive Basis; Exceptions
Description:
Prohibits persons from operating a medical cannabis dispensary without a license from the Department of Health. Prohibits individuals from providing certain services to individuals engaging in unlicensed cannabis operations. Requires the Department of Health to send a cease and desist notice to violators. Establishes criminal penalties. Establishes an affirmative defense for, and a conclusive basis for certain violations. Establishes exceptions. Effective 12/31/2050. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
