Bill Text: HI SB2177 | 2016 | Regular Session | Introduced

Hawaii Senate Bill 2177 (Prior Session Legislation)

Introduced

Bill Title: Medical Marijuana; Temporary Registration Certificate; Fraudulent Misrepresentation; Physician

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2016-02-11 - The committee on CPH deferred the measure. [SB2177 Detail]

Download: Hawaii-2016-SB2177-Introduced.html

THE SENATE	S.B. NO.	2177
TWENTY-EIGHTH LEGISLATURE, 2016
STATE OF HAWAII

A BILL FOR AN ACT

relating to medical marijuana.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that all individuals have a right to access their medication. However, the department of health does not allow qualified patients who have been certified to use medical marijuana to have access to their medicine until a permanent registration certificate is issued, creating a delay or gap in time while the patients wait.

The legislature further finds that under the department of public safety's narcotics enforcement division, qualified patients were allowed a temporary registration certificate to access medical marijuana until a permanent registration certificate was issued. This allowed for immediate access of medical marijuana for patients.

The purpose of this Act is to:

(1) Provide qualified patients faster access to medical marijuana by establishing a temporary registration certificate; and

(2) Increase the penalties for fraudulent misrepresentation to a law enforcement official relating to the issuance of a written certificate by a physician.

SECTION 2. Section 329-123, Hawaii Revised Statutes, is amended to read as follows:

"§329-123 Registration requirements[.]; temporary registration certificate. (a) Physicians who issue written certifications shall provide, in each written certification, the name, address, patient identification number, and other identifying information of the qualifying patient. The department of health shall require, in rules adopted pursuant to chapter 91, that all written certifications comply with a designated form completed by or on behalf of a qualifying patient. The form shall require information from the applicant, primary caregiver, and physician as specifically required or permitted by this chapter. The form shall require the address of the location where the marijuana is grown and shall appear on the registry card issued by the department of health. The certifying physician shall be required to have a bona fide physician-patient relationship with the qualifying patient. All current active medical marijuana permits shall be honored through their expiration date.

(b) Qualifying patients shall register with the department of health. The registration shall be effective until the expiration of the certificate issued by the department of health and signed by the physician. Every qualifying patient shall provide sufficient identifying information to establish the personal identities of the qualifying patient and the primary caregiver. Qualifying patients shall report changes in information within ten working days. Every qualifying patient shall have only one primary caregiver at any given time. The department of health shall issue to the qualifying patient a registration certificate, and shall charge $35 per year.

(c) Primary caregivers shall register with the department of health. Every primary caregiver shall be responsible for the care of only one qualifying patient at any given time.

(d) Upon inquiry by a law enforcement agency, which inquiry may be made twenty-four hours a day, seven days a week, the department of health shall immediately verify whether the subject of the inquiry has registered with the department of health and may provide reasonable access to the registry information for official law enforcement purposes.

(e) Upon receipt of a written certification form completed by or on behalf of a qualifying patient pursuant to subsection (a) and any applicable registration fees, the department of health shall issue a receipt that shall serve as a temporary registration certificate. The temporary registration certificate shall be considered a valid certificate for the medical use of marijuana for no more than forty-five days from the date of issuance or until the department issues or denies the registry written certificate."

SECTION 3. Section 329-128, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) Notwithstanding any law to the contrary, fraudulent misrepresentation to a law enforcement official of any fact or circumstance relating to the issuance of a written certificate by a physician not covered under section 329-126 for the medical use of marijuana shall be a misdemeanor[.] and subject to a fine of $2,500. This penalty shall be in addition to any other penalties that may apply for the non-medical use of marijuana. Nothing in this section is intended to preclude the conviction of any person under section 710-1060 or for any other offense under part V of chapter 710."

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, 2016.

INTRODUCED BY:	_____________________________

Report Title:

Medical Marijuana; Temporary Registration Certificate; Fraudulent Misrepresentation; Physician

Description:

Requires the department of health to issue a receipt that shall serve as a temporary registration certificate for the medical use of marijuana upon receipt of a written certification form completed by or on behalf of a qualifying patient. Increases penalty for fraudulent misrepresentation to a law enforcement official relating to the issuance of a written certificate by a physician.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.