Bill Text: HI SB190 | 2016 | Regular Session | Introduced
Bill Title: Medical Marijuana; Transfer; Patient-to-caregiver Ratio
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2016-01-21 - Re-Referred to CPH/PSM. [SB190 Detail]
Download: Hawaii-2016-SB190-Introduced.html
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THE SENATE |
S.B. NO. |
190 |
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TWENTY-EIGHTH LEGISLATURE, 2015 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO medical use of marijuana.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. According to the National Conference of State Legislatures, twenty-three states, including Hawaii, and the District of Columbia have medical marijuana laws.
The legislature finds that despite the fact that Hawaii has had a medical marijuana law for nearly fifteen years, legal access to medical marijuana is severely restricted in Hawaii. Increased access to medical marijuana while preserving the intent of the medical marijuana law is necessary.
First, existing medical marijuana law in Hawaii is silent on legal methods of acquiring medical marijuana other than allowing registered qualifying patients and registered primary caregivers to grow it themselves. Allowing the transfer of marijuana seedling plants and marijuana seeds would increase access to medical marijuana by registered patients and registered caregivers.
Second, existing law limits a registered qualifying patient to having only one registered primary caregiver. Increasing the ratio from one patient per caregiver to up to three patients per caregiver would increase the number of caregivers available to provide care to qualifying patients in the State who need care.
The purpose of this Act is to:
(1) Allow the transfer of marijuana seedling plants and marijuana seeds from registered qualifying patients and registered primary caregivers to other registered qualifying patients and registered primary caregivers; and
(2) Increase the number of registered qualifying patients that a registered primary caregiver may care for at any given time.
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- Transfer of marijuana seedling plants or marijuana seeds. Notwithstanding any law to the contrary, a registered qualifying patient or a registered primary caregiver of the registered qualifying patient may transfer marijuana seedling plants or marijuana seeds to another registered qualifying patient or another registered primary caregiver, whether or not the registered primary caregiver to whom the marijuana seedling plant or marijuana seed is transferred is the caregiver of a particular registered qualifying patient."
SECTION 3. Section 329-121, Hawaii Revised Statutes, is amended by amending the definition of "medical use" to read as follows:
""Medical use"
means the acquisition, possession, cultivation, use, distribution, [or]
transportation, including transfer as provided in section 329- ,
of marijuana or paraphernalia relating to the administration of marijuana to
alleviate the symptoms or effects of a qualifying patient's debilitating
medical condition. For the purposes of "medical use", the term
distribution is limited to the transfer of marijuana and paraphernalia."
SECTION 4. 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 primary caregiver
shall be responsible for the care of [only one] not more than three
qualifying [patient] patients at any given time."
SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 7. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Medical Marijuana; Transfer; Patient-to-caregiver Ratio
Description:
Allows a registered qualifying patient or a registered primary caregiver of the registered qualifying patient to transfer marijuana seedling plants or marijuana seeds to another registered qualifying patient or another registered primary caregiver, whether or not the registered primary caregiver to whom the marijuana seedling plant or marijuana seed is transferred is the caregiver for a particular registered qualifying patient. Increases the maximum number of registered qualifying patients that a registered primary caregiver may care for at any given time.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
