Bill Text: HI SB454 | 2020 | Regular Session | Introduced
Bill Title: Relating To Medical Cannabis Collectives.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2019-12-01 - Carried over to 2020 Regular Session. [SB454 Detail]
Download: Hawaii-2020-SB454-Introduced.html
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THE SENATE |
S.B. NO. |
454 |
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THIRTIETH LEGISLATURE, 2019 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to medical CANNABIS collectives.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The purpose of this Act is to allow qualifying patients to form medical cannabis collectives, which are certified and regulated by the department of health, for the purpose of pooling excess cannabis lawfully cultivated by those qualifying patients and recovering costs incurred by cultivating the excess medical cannabis.
SECTION 2. Chapter 329, Hawaii Revised Statutes, is amended by adding a new section to part IX to be appropriately designated and to read as follows:
"§329- Certified medical cannabis collectives. (a)
Qualifying patients having valid registration certificates pursuant to
section 329-123 may form medical cannabis collectives pursuant to this section
and rules adopted pursuant to this section for the purposes of pooling excess cannabis
that is lawfully cultivated by those qualifying patients and selling that cannabis
to members of the collective for the members' lawful personal use.
(b) No person shall operate a medical cannabis
collective unless the collective has been certified by the department of health
pursuant to this section and complies with rules adopted pursuant to this
section.
(c) A person who is not a qualifying patient
having a valid registration certificate pursuant to section 329-123 shall not:
(1) Be a member or
employee of a certified medical cannabis collective; or
(2) Sell or otherwise provide any cannabis to a certified medical cannabis collective.
(d) No certified medical cannabis collective
shall sell or otherwise provide any cannabis to any person who is not a member
of that collective; provided that a collective may provide cannabis to another
person for purposes of testing for content, quality, and consistency pursuant
to rules adopted by the department of health.
(e) No more than two medical cannabis collectives
shall be certified by the department of health to simultaneously operate on any
single island in the State.
(f) Notwithstanding any other law to the
contrary, a certified medical cannabis collective shall not be subject to the
prescription requirements of section 329-38 or the board of pharmacy licensure
or regulatory requirements under chapter 461.
(g) Nothing in this section shall be construed as
authorizing any qualifying patient to cultivate or possess cannabis in an
amount that exceeds an adequate supply for the qualifying patient, pursuant to
section 329-122. The total amount of
medical cannabis jointly possessed by all members of a certified medical cannabis
collective shall not exceed the combined adequate supply that all members of
the collective could individually possess as a qualifying patient, pursuant to
section 329-122.
(h) The department of health shall adopt rules pursuant to chapter 91 with respect to qualifications and requirements for the certification, establishment, operation, regulation, and security of medical cannabis collectives."
SECTION 3. Section 329-125.6, Hawaii Revised Statutes, is amended to read as follows:
"§329-125.6 Protections afforded to an owner or qualified
employee of a licensed medical cannabis dispensary[.] or member of a
certified medical cannabis collective.
(a) An owner or employee of a
medical cannabis dispensary that is licensed under chapter 329D, or a member
of a certified medical cannabis collective pursuant to section 329‑ ,
may assert the production or distribution of medical cannabis as an affirmative
defense to any prosecution involving marijuana under this part, part IV,
chapter 329D, or part IV of chapter 712; provided that the owner, [or]
employee, or member strictly complied with the requirements of this
chapter or chapter 329D, as applicable, and any [administrative]
rules adopted thereunder.
(b) An owner or employee of a licensed medical
cannabis dispensary, or a member of a certified cannabis collective, not
strictly complying with the requirements of this chapter or chapter
329D, as applicable, and any [administrative] rules adopted
thereunder, shall not be afforded the protections provided by subsection
(a)."
SECTION 4. Section 329-130, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) After December 31, 2023, a qualifying patient shall obtain medical cannabis or manufactured cannabis products only:
(1) From a dispensary licensed pursuant to chapter
329D; provided that the cannabis shall be purchased and paid for at the time of
purchase; [or]
(2) By cultivating cannabis in an amount that does
not exceed an adequate supply for the qualifying patient, pursuant to section
329-122; provided that each location used to cultivate cannabis shall be used
by no more than five qualifying patients[.]; or
(3) From a certified medical cannabis collective pursuant to section 329‑ ; provided that the qualifying patient is a member of the collective at the time the qualifying patient obtains the cannabis from the collective.
After December 31, 2023, no primary caregiver shall be authorized to cultivate cannabis for any qualifying patient."
SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 7. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Medical Cannabis; Certified Medical Cannabis Collectives; Regulation; Qualifying Patients
Description:
Authorizes qualifying patients to form medical cannabis collectives. Specifies requirements for the collectives and members of the collectives. Requires the Department of Health to certify and regulate the collectives.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
