Bill Text: HI SB2467 | 2018 | Regular Session | Introduced
Bill Title: Relating To Medical Cannabis.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2018-01-30 - Re-Referred to CPH/JDC, WAM. [SB2467 Detail]
Download: Hawaii-2018-SB2467-Introduced.html
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THE SENATE |
S.B. NO. |
2467 |
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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 medical cannabis.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that there are over sixteen thousand cannabis patients currently registered in Hawaii. In 2000, the State enacted chapter 329, part IX, Hawaii Revised Statutes, authorizing the use of cannabis by patients with a qualifying medical condition. The legislature intended to assure the uninterrupted availability of medical cannabis to alleviate the symptoms or effects of a patient's medical condition. However, qualifying patients in the State have not been able to maintain an uninterrupted supply of medical cannabis solely utilizing the State dispensary system. As a result many qualifying patients have to obtain cannabis illegally.
The legislature further finds that in 2013, the Hawaii Supreme Court ruled in State v. Woodhall that "Chapter 329, Part IX, as enacted does not clearly carry out its purpose, leaving qualified patients vulnerable to prosecution", and further asserts that it is "reasonably necessary to assure the uninterrupted availability of [cannabis] for the purpose of alleviating the symptoms or effects of a qualifying patient's debilitating medical condition".
Chapter 329, part IX, Hawaii Revised Statutes, does not squarely address the question of how qualifying patients who are most in need may obtain medical cannabis. Furthermore, the language inconsistencies between chapters 329 and 712, Hawaii Revised Statutes, undermine the affirmative defense currently provided for in the medical cannabis program, thus compromising the health and safety of the community.
The legislature further finds that qualifying patients seeking to acquire and maintain an adequate supply of medical cannabis have no legal option for the acquisition of the substance and thus cannot comply with chapter 329, part IX, Hawaii Revised Statutes. The burden and risk posed to qualifying patients results in the inability of chapter 329, part IX, Hawaii Revised Statutes, to meet its intent.
Amending existing law is necessary to protect the majority of qualifying patients who have a medical need to use cannabis from criminal activity and risk of arrest, while ensuring that qualifying patients are provided a safe, reliable, and uninterrupted cannabis supply as intended by the legislature.
The purpose of this Act is to promote the interest of public health and safety; expressly restate, reiterate, and declare the intent of the legislature in enacting chapter 329, part IX, Hawaii Revised Statutes, concerning the medical use of cannabis; reduce the burden on the judicial system related to cannabis offenses; permit the distribution of cannabis between qualifying patients for medical use; and change the affirmative defense to a defense.
SECTION 2. Chapter 329, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§329- Registration requirements for medical
cannabis collectives. (a) Each county shall establish a registration
system for medical cannabis collectives for the purpose of regulating and
taxing the distribution of cannabis for medical use.
(b) At least one medical cannabis collective in each county shall be functional no later than January 1, 2019."
SECTION 3. Section 329-121, Hawaii Revised Statutes, is
amended by adding two new definitions to be appropriately inserted and to read
as follows:
""Distribution", for the purpose of medical use, means the transfer of cannabis and paraphernalia from a primary caregiver to the qualifying patient, or between qualifying patients. A primary caregiver or qualifying patient may be reimbursed for the expenses they incurred related to their time expenditure, fertilizer, soil, and electricity costs, relative to the amount of cannabis being transferred. No more than an adequate amount of cannabis may be transferred at a time.
"Medical
cannabis collective" or "collective" means a county-licensed enterprise
or organization jointly owned or managed by those who use its facilities or
services for the purpose of providing cannabis to qualifying patients in
compliance with the law."
SECTION 4. Section 329-125, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) A qualifying patient or the primary caregiver
may assert the medical use of cannabis authorized under this part as [an
affirmative] a defense to any prosecution involving [[]cannabis
or marijuana[]] under this part or part IV; or part IV of chapter 712;
provided that the qualifying patient or the primary caregiver strictly complied
with the requirements of this part."
SECTION 5. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2018-2019 for the counties to establish and administer medical cannabis collectives pursuant to this Act. The sum appropriated shall be distributed as follows:
(1) County of Hawaii: $ ;
(2) County of Kauai: $ ;
(3) County of Maui: $ ; and
(4) City and county of Honolulu: $ .
The sum appropriated shall be expended by the counties for the purposes of this Act.
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; Medical Use; County Regulated Medical Cannabis Collectives; Appropriation
Description:
Requires and appropriates funds to the counties to establish medical cannabis collectives to regulate and tax the distribution of medical cannabis. Amends primary caregivers' and qualifying patients' defense related to medical cannabis. Defines distribution to allow qualifying patients to transfer medical cannabis between themselves. Defines medical cannabis collective as a county-licensed entity that provides cannabis to qualifying patients.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
