Bill Text: HI SB113 | 2011 | Regular Session | Introduced
Bill Title: Medical Cannabis; Research Program
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Engrossed - Dead) 2011-03-10 - (H) Referred to PBM/HLT, JUD, FIN, referral sheet 33 [SB113 Detail]
Download: Hawaii-2011-SB113-Introduced.html
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THE SENATE |
S.B. NO. |
113 |
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TWENTY-SIXTH LEGISLATURE, 2011 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
Relating to Medical Cannabis Research.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature recognizes that the use of medical cannabis warrants further research. As with other medications, this is done by conducting formal peer-reviewed research that investigates the chemical composition and therapeutic effects of medical cannabis in a controlled pre-clinical and clinical laboratory setting. It is also important that research be conducted on the unique strains of cannabis that have been developed in Hawaii.
The purpose of this Act is to establish a three-year pilot medical cannabis research program in the State to provide a means by which a team of qualified researchers could undertake medical cannabis research involving local qualifying medical cannabis patients under the protection of state law.
SECTION 2. Pilot medical cannabis research program; requirements. (a) There is established in the department of public safety a pilot medical cannabis research program. An individual or organization seeking to conduct a medical cannabis research project shall register with the narcotics enforcement division of the department of public safety.
Individuals registering with the department for the purpose of conducting medical cannabis research shall not have a criminal record. The department may conduct criminal background checks on employees and staff of any individual or organization that registers to conduct a medical cannabis research project.
Upon approval, the department shall issue a permit to conduct medical cannabis research. The department may charge a one-time fee of $3,000 to cover costs to the State for overseeing the licensing process over the period of the research program. The individual or organization shall submit an annual report on the purpose, status, and results of all completed and ongoing studies to the department.
(b) Any individual or organization conducting a pilot research project under this Act shall be responsible for providing and maintaining a dedicated research facility and may be funded by public or private sources.
All cultivation of cannabis for a research project shall take place in an enclosed, secured facility. All facilities containing inventories of cannabis shall be equipped with twenty-four hour indoor and outdoor video surveillance with digital archiving capability and a fully operational security system to deter and prevent unauthorized entrance. Access to these facilities shall be limited to the principal researcher and employees of the research facility, when acting in their official capacity, and qualifying patients participating in the research program who have registered the individual or organization conducting the research project as their primary caregiver in accordance with subsection (d).
Upon twenty-four hour written notice, staff from the department of public safety may inspect the premises of any research facility.
(c) Research protocols that involve human subjects shall:
(1) Receive approval from an institutional review board; and
(2) Comply with all provisions of part IX of chapter 329.
For the purpose of this section, "institutional review board" means an institutional review board established in accordance with 7 Code of Federal Regulations 1c.107, 10 Code of Federal Regulations 745.107, 14 Code of Federal Regulations 1230.107, 15 Code of Federal Regulations 27.107, 16 Code of Federal Regulations 1028.107, 21 Code of Federal Regulations 56.107, 22 Code of Federal Regulations 225.107, 24 Code of Federal Regulations 60.101, 28 Code of Federal Regulations 46.107, 32 Code of Federal Regulations 219.107, 34 Code of Federal Regulations 97.107, 38 Code of Federal Regulations 16.107, 40 Code of Federal Regulations 26.107, 45 Code of Federal Regulations 46.107, 45 Code of Federal Regulations 690.107, or 49 Code of Federal Regulations 11.107.
(d) All qualifying patients participating in the research program shall register the individual or organization conducting the applicable research project as their primary caregiver. The number of cannabis plants jointly possessed by qualifying patients participating in the research program and the individual or organization conducting the research project shall not exceed an adequate supply for each patient, as defined in section 329-121, Hawaii Revised Statutes.
(e) The research project may begin to possess and grow cannabis plants as soon as the potential study protocol has received institutional review board approval.
(f) An individual or organization conducting a research project may accept cannabis plants and seeds for study from qualifying patients participating in the research program who have registered the individual or organization as their primary caregiver in accordance with subsection (d).
(g) At any time following a sixty-day written notice for violation of any provision of this section, the director of public safety may terminate or void a permit for medical cannabis research.
(h) The pilot medical cannabis research program shall cease operation on December 31, 2014.
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 public safety. [Every] Except as provided in Act
, Session Laws of Hawaii 2011, every primary caregiver
shall be responsible for the care of only one qualifying patient at any given
time."
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, 2011, and shall be repealed on December 31, 2014, and section 329-123, Hawaii Revised Statutes, shall be reenacted in the form in which it read on the day before the effective date of this Act.
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INTRODUCED BY: |
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Report Title:
Medical Cannabis; Research Program
Description:
Establishes a 3-year pilot medical cannabis research program in the State to provide a means by which a team of qualified researchers could undertake medical cannabis research involving local qualifying medical cannabis patients. Sunset 12/31/14.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
