Bill Text: HI SB2132 | 2018 | Regular Session | Introduced
Bill Title: Relating To Manufactured Cannabis Products.
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Introduced - Dead) 2018-02-13 - The committee on CPH deferred the measure. [SB2132 Detail]
Download: Hawaii-2018-SB2132-Introduced.html
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THE SENATE |
S.B. NO. |
2132 |
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TWENTY-NINTH LEGISLATURE, 2018 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to manufactured CANNABIS products.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 329D-1, Hawaii Revised Statutes, is amended as follows:
1. By adding a new definition to be appropriately inserted and to read:
""Consumable manufactured cannabis product" means any manufactured cannabis product that may be consumed."
2. By amending the definition of "manufactured cannabis product" to read:
""Manufactured cannabis
product" means any [capsule, lozenge, oil or oil extract, tincture,
ointment or skin lotion, pill, transdermal patch, or pre-filled and sealed
container used to aerosolize and deliver cannabis orally, such as an inhaler or
nebulizer, that has been] product that may be manufactured using [cannabis,
or any other products as specified by the department] cannabis pursuant
to section [329D-10(a)(9).] 329D-10."
SECTION 2. Section 329D-9, Hawaii Revised Statutes, is amended to read as follows:
"[[]§329D-9[]] Manufacturing of medical cannabis
products. (a) Any medical cannabis dispensary licensed by
the department pursuant to this chapter shall be permitted to manufacture cannabis
products; provided that the dispensary shall also obtain any other state or
county permits or licenses that may be necessary for a particular manufacturing
activity.
(b)
The department shall establish health, safety, and sanitation standards
regarding the manufacture of manufactured cannabis products[.]; provided
that manufactured cannabis products shall only be manufactured in a commercial
kitchen or other suitable facility that is not part of an inhabited home;
provided further that any individual participating in the manufacture of a
manufactured cannabis product shall:
(1) Be subject to a
criminal history record check in accordance with section 846-2.7;
(2) Wash hands thoroughly prior to handling the product; and
(3) In the case of a consumable manufactured marijuana product, wear gloves when manufacturing or packaging the product.
(c) A manufacturer of a manufactured cannabis product shall calculate the equivalent physical weight of the medical cannabis that is used to manufacture the product and shall make the equivalency calculations available to the department and to a consumer of the manufactured cannabis product.
(d) The department shall authorize no more than
eight companies to partner with medical cannabis dispensaries licensed pursuant
to this chapter to participate in the manufacture of consumable manufactured cannabis
products; provided that each company that partners with a dispensary shall
obtain a valid state or county permit or license that is applicable to the
manufacturing activity.
(e) No person who suffers from any symptom associated with an acute gastrointestinal illness or who is infected with a communicable disease that is transmissible through foodstuffs shall participate in the manufacture of a consumable manufactured cannabis product."
SECTION 3. Section 329D-10, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) The types of medical cannabis products that may be manufactured and distributed pursuant to this chapter shall be limited to:
(1) Capsules;
(2) Lozenges;
(3) Pills;
(4) Suppositories;
[(4)] (5) Oils and oil extracts;
[(5)] (6) Tinctures;
[(6)] (7) Ointments and skin lotions;
[(7)] (8) Transdermal patches;
[(8)] (9) Pre-filled and sealed containers used
to aerosolize and deliver cannabis orally, such as with an inhaler or
nebulizer; [and]
(10) Baked products,
including but not limited to baked bars, brownies, cakes, and cookies; and
[(9)] (11) Other products as
specified by the department[.]; provided that the department shall
not authorize any product that requires refrigeration or heat for safe storage
or prior to consumption."
SECTION 4. Section 329D-11, Hawaii Revised Statutes, is amended to read as follows:
"[[]§329D-11[]] Advertising and packaging. (a)
The department shall establish standards regarding the advertising and
packaging of medical cannabis and manufactured cannabis products;
provided that the standards, at a minimum, shall require the use of packaging
that:
(1) Is child-resistant and opaque so that the product cannot be seen from outside the packaging;
(2) Uses only black lettering on a white background with no pictures or graphics;
(3) Is clearly labeled with the phrase "For medical use only";
(4) Is clearly labeled
with the phrase ["Not for resale or transfer to another person";]
"Resale or transfer to another person is illegal";
(5) Includes instructions for use and "use by date";
(6) Contains information about the contents and potency of the product;
(7) Includes the name of the production center where medical cannabis in the product was produced, including the batch number and date of packaging;
(8) Includes a barcode generated by tracking software; and
(9) In the case of a
manufactured cannabis product, [a listing] includes a:
(A) Listing
of the equivalent physical weight of the medical cannabis used to
manufacture the amount of the product that is within the packaging, pursuant to
section 329D-9(c)[.];
(B) Clearly
labeled warning stating that the product:
(i) Is
a medication that contains cannabis, and is not a food;
(ii) Should
be kept away from children; and
(iii) Contains
nuts or other known allergens, if applicable; and
(C) Date of manufacture."
(b) [Any capsule, lozenge, or pill containing medical
cannabis or its principal psychoactive constituent tetrahydrocannabinol] All
consumable manufactured cannabis products shall be packaged so that one
dose, serving, or single wrapped item contains no more than ten milligrams of [tetrahydrocannabinol;]
psychoactive ingredients; provided that no manufactured cannabis product
that is sold in a pack of multiple doses, servings, or single wrapped items,
nor any containers of oils, shall contain more than a total of one hundred
milligrams of [tetrahydrocannabinol] psychoactive ingredients per
pack or container.
(c) All manufactured cannabis products shall be
individually wrapped at the original point of manufacture."
SECTION 5. Section 846-2.7, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) Criminal history record checks may be conducted by:
(1) The department of health or its designee on operators of adult foster homes for individuals with developmental disabilities or developmental disabilities domiciliary homes and their employees, as provided by section 321-15.2;
(2) The department of health or its designee on prospective employees, persons seeking to serve as providers, or subcontractors in positions that place them in direct contact with clients when providing non-witnessed direct mental health or health care services as provided by section 321-171.5;
(3) The department of health or its designee on all applicants for licensure or certification for, operators for, prospective employees, adult volunteers, and all adults, except adults in care, at healthcare facilities as defined in section 321-15.2;
(4) The department of education on employees, prospective employees, and teacher trainees in any public school in positions that necessitate close proximity to children as provided by section 302A-601.5;
(5) The counties on employees and prospective employees who may be in positions that place them in close proximity to children in recreation or child care programs and services;
(6) The county liquor commissions on applicants for liquor licenses as provided by section 281-53.5;
(7) The county liquor commissions on employees and prospective employees involved in liquor administration, law enforcement, and liquor control investigations;
(8) The department of human services on operators and employees of child caring institutions, child placing organizations, and foster boarding homes as provided by section 346-17;
(9) The department of human services on prospective adoptive parents as established under section 346‑19.7;
(10) The department of human services or its designee on applicants to operate child care facilities, household members of the applicant, prospective employees of the applicant, and new employees and household members of the provider after registration or licensure as provided by section 346-154, and persons subject to section 346-152.5;
(11) The department of human services on persons exempt pursuant to section 346-152 to be eligible to provide child care and receive child care subsidies as provided by section 346-152.5;
(12) The department of health on operators and employees of home and community-based case management agencies and operators and other adults, except for adults in care, residing in community care foster family homes as provided by section 321-15.2;
(13) The department of human services on staff members of the Hawaii youth correctional facility as provided by section 352-5.5;
(14) The department of human services on employees, prospective employees, and volunteers of contracted providers and subcontractors in positions that place them in close proximity to youth when providing services on behalf of the office or the Hawaii youth correctional facility as provided by section 352D-4.3;
(15) The judiciary on employees and applicants at detention and shelter facilities as provided by section 571-34;
(16) The department of public safety on employees and prospective employees who are directly involved with the treatment and care of persons committed to a correctional facility or who possess police powers including the power of arrest as provided by section 353C-5;
(17) The board of private detectives and guards on applicants for private detective or private guard licensure as provided by section 463-9;
(18) Private schools and designated organizations on employees and prospective employees who may be in positions that necessitate close proximity to children; provided that private schools and designated organizations receive only indications of the states from which the national criminal history record information was provided pursuant to section 302C-1;
(19) The public library system on employees and prospective employees whose positions place them in close proximity to children as provided by section 302A‑601.5;
(20) The State or any of its branches, political subdivisions, or agencies on applicants and employees holding a position that has the same type of contact with children, vulnerable adults, or persons committed to a correctional facility as other public employees who hold positions that are authorized by law to require criminal history record checks as a condition of employment as provided by section 78-2.7;
(21) The department of health on licensed adult day care center operators, employees, new employees, subcontracted service providers and their employees, and adult volunteers as provided by section 321-15.2;
(22) The department of human services on purchase of service contracted and subcontracted service providers and their employees serving clients of the adult protective and community services branch, as provided by section 346-97;
(23) The department of human services on foster grandparent program, senior companion program, and respite companion program participants as provided by section 346-97;
(24) The department of human services on contracted and subcontracted service providers and their current and prospective employees that provide home and community-based services under section 1915(c) of the Social Security Act, title 42 United States Code section 1396n(c), or under any other applicable section or sections of the Social Security Act for the purposes of providing home and community-based services, as provided by section 346-97;
(25) The department of commerce and consumer affairs on proposed directors and executive officers of a bank, savings bank, savings and loan association, trust company, and depository financial services loan company as provided by section 412:3-201;
(26) The department of commerce and consumer affairs on proposed directors and executive officers of a nondepository financial services loan company as provided by section 412:3-301;
(27) The department of commerce and consumer affairs on the original chartering applicants and proposed executive officers of a credit union as provided by section 412:10-103;
(28) The department of commerce and consumer affairs on:
(A) Each principal of every non-corporate applicant for a money transmitter license;
(B) Each person who upon approval of an application by a corporate applicant for a money transmitter license will be a principal of the licensee; and
(C) Each person who upon approval of an application requesting approval of a proposed change in control of licensee will be a principal of the licensee,
as provided by sections 489D-9 and 489D‑15;
(29) The department of commerce and consumer affairs on applicants for licensure and persons licensed under title 24;
(30) The Hawaii health systems corporation on:
(A) Employees;
(B) Applicants seeking employment;
(C) Current or prospective members of the corporation board or regional system board; or
(D) Current or prospective volunteers, providers, or contractors,
in any of the corporation's health facilities as provided by section 323F-5.5;
(31) The department of commerce and consumer
affairs on:
(A) An applicant for
a mortgage loan originator license, or license renewal; and
(B) Each control
person, executive officer, director, general partner, and managing
member of an applicant for a mortgage loan originator
company license or license renewal,
as
provided by chapter 454F;
(32) The state public charter school commission or public charter schools on employees, teacher trainees, prospective employees, and prospective teacher trainees in any public charter school for any position that places them in close proximity to children, as provided in section 302D-33;
(33) The counties on prospective employees who work with children, vulnerable adults, or senior citizens in community-based programs;
(34) The counties on prospective employees for fire department positions which involve contact with children or vulnerable adults;
(35) The counties on prospective employees for emergency medical services positions which involve contact with children or vulnerable adults;
(36) The counties on prospective employees for emergency management positions and community volunteers whose responsibilities involve planning and executing homeland security measures including viewing, handling, and engaging in law enforcement or classified meetings and assisting vulnerable citizens during emergencies or crises;
(37) The State and counties on employees, prospective employees, volunteers, and contractors whose position responsibilities require unescorted access to secured areas and equipment related to a traffic management center;
(38) The State and counties on employees and prospective employees whose positions involve the handling or use of firearms for other than law enforcement purposes;
(39) The State and counties on current and prospective systems analysts and others involved in an agency's information technology operation whose position responsibilities provide them with access to proprietary, confidential, or sensitive information;
(40) The department of commerce and consumer affairs on:
(A) Applicants for real estate appraiser licensure or certification as provided by chapter 466K;
(B) Each person who owns more than ten per cent of an appraisal management company who is applying for registration as an appraisal management company, as provided by section 466L-7; and
(C) Each of the controlling persons of an applicant for registration as an appraisal management company, as provided by section 466L-7;
(41) The department of
health or its designee on all license applicants, licensees, employees,
contractors, and prospective employees of medical cannabis dispensaries[,
and]; individuals permitted to enter and remain in medical cannabis
dispensary facilities as provided under sections 329D-15(a)(4) and 329D‑16(a)(3);
and individuals who participate or will participate in the manufacture of a
manufactured cannabis product;
(42) The department of commerce and consumer affairs on applicants for nurse licensure or license renewal, reactivation, or restoration as provided by sections 457-7, 457-8, 457-8.5, and 457-9;
(43) The county police departments on applicants for permits to acquire firearms pursuant to section 134-2 and on individuals registering their firearms pursuant to section 134-3;
(44) The department of commerce and consumer affairs on:
(A) Each of the controlling persons of the applicant for licensure as an escrow depository, and each of the officers, directors, and principals who will be in charge of the escrow depository's activities upon licensure; and
(B) Each of the controlling persons of an applicant for proposed change in control of an escrow depository licensee, and each of the officers, directors, and principals who will be in charge of the licensee's activities upon approval of such application,
as provided by chapter 449;
(45) The department of taxation on current or prospective employees or contractors who have access to federal tax information in order to comply with requirements of federal law, regulation, or procedure, as provided by section 231-1.6;
(46) The department of labor and industrial relations on current or prospective employees or contractors who have access to federal tax information in order to comply with requirements of federal law, regulation, or procedure, as provided by section 383-110;
(47) The department of human services on current or prospective employees or contractors who have access to federal tax information in order to comply with requirements of federal law, regulation, or procedure, as provided by section 346-2.5;
(48) The child support enforcement agency on current or prospective employees, or contractors who have access to federal tax information in order to comply with federal law, regulation, or procedure, as provided by section 576D-11.5; and
(49) Any other organization, entity, or the State, its branches, political subdivisions, or agencies as may be authorized by state law."
SECTION 6. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 8. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Medical Cannabis; Consumable Manufactured Cannabis Products
Description:
Authorizes the department of health to authorize companies to partner with medical cannabis dispensaries to participate in the manufacture of consumable manufactured cannabis products. Establishes additional requirements and amends existing requirements regarding manufactured cannabis products.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
