Bill Text: HI SB3053 | 2018 | Regular Session | Amended

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Bill Title: Relating To Edible Cannabis Products.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced - Dead) 2018-02-16 - Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDC/WAM. [SB3053 Detail]

Download: Hawaii-2018-SB3053-Amended.html

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THE SENATE	S.B. NO.	3053
TWENTY-NINTH LEGISLATURE, 2018		S.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO EDIBLE CANNABIS PRODUCTS.

 

 

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

 

     SECTION 1.  The legislature finds that studies have shown the benefits of using cannabis to alleviate certain serious illnesses.  The legislature further finds that several states permit the sales of edible cannabis products, either for recreational use or for medical use.  These states generally place restrictions on the edible cannabis products, such as limiting the amount of psychoactive ingredients per serving, banning manufacturers from making candy-like edibles that might attract children, and requiring proper labeling.

     The purpose of this Act is to legalize the manufacturing of edible cannabis products for medical purposes and establish basic regulations on edible cannabis products.

     SECTION 2.  Section 328-1, Hawaii Revised Statutes, is amended by amending the definition of "food" to read as follows:

     ""Food" means:

     (1)  Articles used for food or drink by humans, dogs, or cats;

     (2)  Chewing gum; or

     (3)  Articles used for components of any such article.

"Food" does not include edible cannabis products, as defined in section 329D-10."

     SECTION 3.  Section 329D-1, Hawaii Revised Statutes, is amended by amending the definition of "manufactured cannabis product" to read as follows:

     ""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,] product that has been manufactured using cannabis[, or any other products as specified by the department] pursuant to section 329D-10[(a)(9)]."

     SECTION 4.  Section 329D-9, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  The department shall establish health, safety, and sanitation standards regarding the manufacture of manufactured cannabis products[.]; provided that:

     (1)  Manufactured cannabis products shall only be manufactured in a facility that meets the minimum sanitary requirements adopted by the department of health that are at least equivalent to the standards for food establishments provided for in chapter 11-50, Hawaii Administrative Rules;

     (2)  Cannabis products shall not be manufactured in any facility permitted by the department of health as a food establishment; and

     (3)  Cannabis products shall not be manufactured in any home kitchen."

     SECTION 5.  Section 329D-10, Hawaii Revised Statutes, is amended to read as follows:

     "§329D-10  Types of manufactured cannabis products.  (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)  Oils and oil extracts;

     (5)  Tinctures;

     (6)  Ointments and skin lotions;

     (7)  Transdermal patches;

     (8)  Pre-filled and sealed containers used to aerosolize and deliver cannabis orally, such as with an inhaler or nebulizer; [and]

     (9)  Edible cannabis products; and

    [(9)] (10)  Other products as specified by the department.

     (b)  As used in this section[, "lozenge"]:

     "Edible cannabis products" means manufactured cannabis products that are intended to be used, in whole or in part, for human consumption, including but not limited to chewing gum, drinks, baked products, and candy; provided that edible cannabis products:

     (1)  Shall be tested and specifically labeled for each product's dosage and strength;

     (2)  Shall not include products such as gummies, brightly colored candies, or other products that may attract children or bear resemblance to other commercially available products; and

     (3)  May include liquid products that contain no more than ten milligrams of activated tetrahydrocannabinol per serving.

     "Lozenge" means a small tablet manufactured in a manner to allow for the dissolving of its medicinal or therapeutic component slowly in the mouth."

     SECTION 6.  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 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";

     (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 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 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 cannabis or its principal psychoactive constituent tetrahydrocannabinol shall be packaged so that one dose, serving, or single wrapped item contains no more than ten milligrams of tetrahydrocannabinol; 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 per pack or container.

     (c)  All manufactured cannabis products shall be individually wrapped at the original point of manufacture."

     SECTION 7.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 8.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 9.  This Act shall take effect on January 1, 2050.

 

 

 

Report Title:

Medical Cannabis; Edible Cannabis Products

 

Description:

Allows and regulates the manufacturing of edible cannabis products as manufactured cannabis products by licensed medical cannabis dispensaries.  Establishes requirements for manufacturing, handling, labeling, and packaging of manufactured cannabis products.  Takes effect on 1/1/2050.  (SD1)

 

 

 

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