Hawaii-2012-SB2263-Introduced

SECTION 1. (a) There is established under the department of health a medical cannabis pilot program to dispense marijuana for medical use on the island of Hawaii, beginning January 1, 2015; provided that the program shall operate in accordance with part IX of chapter 329, Hawaii Revised Statutes. Not more than an adequate supply shall be dispensed to any one qualifying patient or registered caregiver at any one time and at periodic intervals as the patient's need may arise for more marijuana for medical use.

(b) The department of health shall assess and collect a fee of $200 per month from each qualifying patient obtaining marijuana for medical use in exchange for ounces of marijuana, not to exceed an adequate supply, from a medical cannabis dispensary; provided that only qualifying patients or their primary caregivers shall be eligible to obtain marijuana for medical use from a dispensary upon presentation of a picture identification issued by a government agency, and:

(1) In the case of a qualifying patient, written certification from the patient's physician; or

(2) In the case of primary caregivers, proof of registration with the department of public safety.

All fees collected shall be deposited into the medical cannabis special fund created under section 2 of this Act.

(c) The State shall grow and cultivate marijuana for medical use to provide medical cannabis to dispensaries in accordance with this Act. The department of health shall operate one or more medical cannabis dispensaries on the island of Hawaii for purposes of the medical cannabis pilot program.

(d) For purposes of surveillance and security, each dispensary shall be equipped with indoor and outdoor video cameras continuously operating twenty-four hours per day, seven days a week. Each video camera shall be subject to inspection upon demand from any law enforcement agency at any time. Each dispensary shall be constructed or retrofitted so as to provide maximum security from burglaries and trespassing, and shall otherwise meet county building codes.

(e) Every employee of a dispensary shall be subject to random drug tests conducted periodically and without cause by the State. No person having a felony conviction shall be eligible for employment at a dispensary.

(f) A dispensary shall record every dispensing of marijuana under this section, including the name of the qualifying patient, the name of the primary caregiver and the name of the caregiver's qualifying patient, the type of identification presented, the name of the physician prescribing the marijuana for medical use, and the date and the amount of marijuana dispensed. The record shall also indicate whether a written certification or a primary caregiver's registration was presented, along with the number of the certification or registration. The department of health shall transmit the information recorded pursuant to this subsection to the department of public safety monthly for purposes of documenting and monitoring the medical cannabis pilot program.

(g) There shall be immunity from stops and arrests by police or other law enforcement officers and from criminal prosecution by the State or county for patients and caregivers who obtain marijuana for medical use under this section during the transport of marijuana for medical use within Hawaii island.

(h) The director of health and any employee of the department of health shall be immune from criminal prosecution for implementation and administration of this Act.

(i) The department of health may adopt rules pursuant to chapter 91 necessary for purposes of this section.

(j) For purposes of this Act:

"Adequate supply" has the same meaning as in section 329-121, Hawaii Revised Statutes.

"Marijuana" has the same meaning as in section 329-121, Hawaii Revised Statutes.

"Medical use" has the same meaning as in section 329-121, Hawaii Revised Statutes.

"Physician" has the same meaning as in section 329-121, Hawaii Revised Statutes.

"Primary caregiver" has the same meaning as in section 329-121, Hawaii Revised Statutes.

"Qualifying patient" has the same meaning as in section 329-121, Hawaii Revised Statutes.

SECTION 2. There is established the medical cannabis special fund to be administered by the department of health. All fees collected by the department of health pursuant to section 1 of this Act shall be deposited into the medical cannabis special fund. The department of health shall expend moneys in the medical cannabis special fund for the purposes of establishing and operating medical cannabis dispensaries for the medical cannabis pilot program established by this Act.

Upon the repeal of this Act, the balance of moneys in the medical cannabis special fund shall be deposited into the general fund.

SECTION 3. The department of health shall report to the legislature no later than twenty days prior to the convening of each of the regular sessions of 2016 to 2020 regarding the following information obtained in the most recent calendar year of each respective report:

(1) The number of qualifying patients and primary caregivers who received marijuana for medical use under section 1 of this Act;

(2) The total amount of fees collected pursuant to section 1 of this Act and the amount and purpose of each expenditure from the medical cannabis special fund;

(3) The number and location of dispensaries in operation; and

(4) The number and description of any burglaries and trespasses occurring at each dispensary.

SECTION 4. The department of health and its director, supervisors, and employees shall be immune from criminal prosecution for any acts taken in furtherance of this Act.

SECTION 5. This Act shall take effect upon its approval and shall be repealed on December 31, 2019.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	2263
TWENTY-SIXTH LEGISLATURE, 2012
STATE OF HAWAII