Bill Text: HI SB2631 | 2018 | Regular Session | Introduced
Bill Title: Relating To Medical Cannabis.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2018-01-26 - Re-Referred to CPH, WAM. [SB2631 Detail]
Download: Hawaii-2018-SB2631-Introduced.html
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THE SENATE |
S.B. NO. |
2631 |
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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. Section 329D-6, Hawaii Revised Statutes, is amended to read as follows:
"§329D-6 Dispensary operations. (a) No person
shall operate a dispensary, nor engage in the production, manufacture, or sale
of cannabis or manufactured cannabis products, unless the person has obtained a
license from the department pursuant to this chapter.
(b) No dispensary licensee, its officers,
employees, or agents shall provide written certification for the use of medical
cannabis or manufactured cannabis products for any person.
(c) No person under the age of twenty-one shall
be employed by a dispensary licensee.
(d) Notwithstanding any other law to the
contrary, including but not limited to sections 378-2 and 378-2.5, no
dispensary shall employ a person convicted of a felony. Employment under this chapter shall be exempt
from section 378‑2(a)(1), as it relates to arrest and court record
discrimination, and section 378-2.5.
(e) Retail dispensing locations shall not be open for retail sales before 8:00 a.m. or after 8:00 p.m., Hawaii-Aleutian Standard Time, Monday through Sunday. Retail dispensing locations shall be closed on official state and federal holidays.
(f) All dispensary facilities, including but not
limited to production centers and retail dispensing locations, shall be
enclosed indoor facilities and shall maintain twenty-four hour security
measures, including but not limited to an alarm system, video monitoring and
recording on the premises, and exterior lighting. A dispensary licensee who intends to utilize,
as a production center, an enclosed indoor facility that includes a roof that
is partially or completely transparent or translucent, as provided under
section 329D-1, shall notify the department of that intention prior to altering
or constructing the facility. Production
centers shall remain locked at all times.
Retail dispensing locations shall remain locked at all times, other than
business hours as authorized by subsection (e), and shall only be opened for
authorized persons.
(g) In all dispensary facilities, only the licensee, if an individual, registered employees of the dispensary licensee, registered employees of a subcontracted production center or retail dispensing location, employees of a certified laboratory for testing purposes, state employees authorized by the director of health, and law enforcement and other government officials acting in their official capacity shall be permitted to touch or handle any cannabis or manufactured cannabis products, except that a qualifying patient or the primary caregiver of a qualifying patient may receive manufactured cannabis products at a retail dispensing location following completion of a sale.
(h) A dispensary shall provide the department
with the address, tax map key number, and a copy of the premises lease, if
applicable, of the proposed location of a production center allowed under a
license for a county not later than thirty days prior to any medical cannabis
or manufactured cannabis products being produced or manufactured at that
production center.
(i) A dispensary shall provide the department
with the address, tax map key number, and a copy of the premises lease, if
applicable, of the proposed location of each retail dispensing location allowed
under a license not less than sixty days prior to opening for business.
(j) The department shall establish, maintain, and control a computer software tracking system that shall have real time, twenty-four-hour access to the data of all dispensaries.
(1) The computer software tracking system shall
collect data relating to:
(A) The total amount of cannabis in possession of all dispensaries from either seed or immature plant state, including all plants that are derived from cuttings or cloning, until the cannabis, cannabis plants, or manufactured cannabis product is sold or destroyed pursuant to section 329D-7;
(B) The total amount of manufactured cannabis product inventory, including the equivalent physical weight of cannabis that is used to manufacture manufactured cannabis products, purchased by a qualifying patient and primary caregiver from all retail dispensing locations in the State in any fifteen day period;
(C) The amount of waste produced by each plant at harvest; and
(D) The transport of cannabis and manufactured
cannabis products between production centers and retail dispensing locations,
including tracking identification issued by the tracking system, the identity
of the person transporting the cannabis or manufactured cannabis products, and
the make, model, and license number of the vehicle being used for the transport;
(2) The procurement of the computer software tracking system established pursuant to this subsection shall be exempt from chapter 103D; provided that:
(A) The department shall publicly solicit at least three proposals for the computer software tracking system; and
(B) The selection of the computer software tracking system shall be approved by the director of the department and the chief information officer; and
(3) Notwithstanding any other provision of this subsection to the contrary, once the department has authorized a licensed dispensary to commence sales of cannabis or manufactured cannabis products, if the department's computer software tracking system is inoperable or is not functioning properly, as an alternative to requiring dispensaries to temporarily cease operations, the department may implement an alternate tracking system that will enable qualifying patients to purchase cannabis or manufactured cannabis products from a licensed dispensary on a temporary basis. The department shall seek input regarding the alternate tracking system from medical cannabis licensees. The alternate tracking system may operate as follows:
(A) The department may immediately notify all licensed dispensaries that the computer software tracking system is inoperable; and
(B) Once the computer software tracking system is operational and functioning to meet the requirements of this subsection, the department may notify all licensed dispensaries, and the alternate tracking system in this subsection shall be discontinued.
(k) A dispensary licensed pursuant to this
chapter shall purchase, operate, and maintain a computer software tracking
system that shall:
(1) Interface with the department's computer software tracking system established pursuant to subsection (j);
(2) Allow each licensed dispensary's production center to submit to the department in real time, by automatic identification and data capture, all cannabis, cannabis plants, and manufactured cannabis product inventory in possession of that dispensary from either seed or immature plant state, including all plants that are derived from cuttings or cloning, until the cannabis or manufactured cannabis product is sold or destroyed pursuant to section 329D-7;
(3) Allow the licensed dispensary's retail dispensing location to submit to the department in real time for the total amount of cannabis and manufactured cannabis product purchased by a qualifying patient and primary caregiver from the dispensary's retail dispensing locations in the State in any fifteen day period; provided that the software tracking system shall impose an automatic stopper in real time, which cannot be overridden, on any further purchases of cannabis or manufactured cannabis products, if the maximum allowable amount of cannabis has already been purchased for the applicable fifteen day period; provided further that additional purchases shall not be permitted until the next applicable period; and
(4) Allow the licensed dispensary to submit all
data required by this subsection to the department and permit the department to
access the data if the department's computer software tracking system is not
functioning properly and sales are made pursuant to the alternate tracking
system under subsection (j).
(l) No free samples of cannabis or manufactured cannabis
products shall be provided at any time, and no consumption of cannabis or
manufactured cannabis products shall be permitted on any dispensary premises.
(m) A dispensary shall not transport cannabis or
manufactured cannabis products to another county or another island; provided
that this subsection shall not apply to the transportation of cannabis or any
manufactured cannabis product solely for the purposes of laboratory testing
pursuant to section 329D-8, and subject to subsection (j), if no certified
laboratory is located in the county or on the island where the dispensary is
located; provided further that a dispensary shall only transport samples of cannabis
and manufactured cannabis products for laboratory testing for purposes of this
subsection in an amount and manner prescribed by the department, in rules
adopted pursuant to this chapter, and with the understanding that state law and
its protections do not apply outside of the jurisdictional limits of the State.
(n) A dispensary shall be prohibited from
off-premises delivery of cannabis or manufactured cannabis products to
qualifying patients or to primary caregivers of qualifying patients.
(o) A dispensary shall not:
(1) Display
cannabis or manufactured cannabis products in windows or in public view; or
(2) Post
any signage other than a single sign no greater than one thousand six hundred
square inches bearing only the business or trade name in text without any
pictures or illustrations; provided that if any applicable law or ordinance
restricting outdoor signage is more restrictive, that law or ordinance shall
govern.
(p) No cannabis or manufactured cannabis products
shall be transported to, from, or within any federal fort or arsenal, national
park or forest, any other federal enclave, or any other property possessed or
occupied by the federal government.
(q) A dispensary licensed pursuant to this chapter shall be prohibited from providing written certification pursuant to section 329-122 for the use of medical cannabis for any person.
(r) A dispensary may provide cannabis or
manufactured cannabis products at no charge to qualifying patients whose family
income is at or below the federal poverty level or to primary caregivers on
behalf of qualifying patients whose family income is at or below the federal
poverty level; provided that the qualifying patient's income shall be verified
by the dispensary; provided further that the qualifying patient shall be a legal
resident of Hawaii."
SECTION 2. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Medical Cannabis; Dispensaries; Qualifying Patients; Federal Poverty Level
Description:
Allows medical cannabis dispensaries to dispense without charge cannabis or manufactured cannabis products to qualifying patients who are at or below the federal poverty level or their primary caregivers.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
