Bill Text: HI SB589 | 2010 | Regular Session | Introduced

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Bill Title: Controlled Substances; Medical Marijuana

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [SB589 Detail]

Download: Hawaii-2010-SB589-Introduced.html

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Report Title:

Controlled Substances; Medical Marijuana

 

Description:

Establishes new recordkeeping requirements and establishes penalties; amends and adds definitions; requires physical examination of patient by physician; and increases penalties relating to medical marijuana.

 

THE SENATE	S.B. NO.	589
TWENTY-FIFTH LEGISLATURE, 2009
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to controlled substances.

 

 

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

 

     SECTION 1.  Chapter 329, Hawaii Revised Statutes, is amended by adding two new sections to part IX to be appropriately designated and to read as follows:

     "§329-     Records of registrants.  Every physician authorized to recommend the medical use of marijuana under part IX of this chapter shall maintain a copy of each "written certification" issued, for a period of five years.

     §329-     Prohibited acts; penalties.  (a)  It is unlawful for any physician:

     (1)  Who is authorized to recommend the medical use of marijuana under part IX to do so in violation of section 329-122 and 329-123;

     (2)  Who is authorized to recommend medical use of marijuana under part IX to distribute, dispense or sell marijuana or marijuana concentrates to any person in violation of this chapter and chapter 712, part IV;

     (3)  To knowingly keep or maintain any store, shop, warehouse, dwelling, building, vehicle, boat, aircraft, or other structure or place for the purpose of cultivating, storing, administering, distributing or selling marijuana or marijuana concentrate in violation of this chapter or chapter 712, part IV;

     (4)  To refuse or fail to make available, keep, or furnish any record, written certification, statement, or information in patient charts relating to the recommendation for a patient to utilize marijuana under part IX and rules issued by the department;

     (5)  To refuse any lawful entry into any premises for any inspection authorized by this chapter; or

     (6)  Who is authorized to recommend the medical use of marijuana under part IX to predate or pre-sign written certification forms for patients.

     (b)  It shall be unlawful for any person subject to part IX to administer, prescribe, or dispense any controlled substance without a bona fide physician-patient relationship.

     (c)  Any person who violates this section is guilty of a class C felony.  This penalty shall be in addition to any other penalties that may apply for the non-medical use of marijuana."

     SECTION 2.  Section 329-121, Hawaii Revised Statutes, is amended as follows:

a.   By adding a new definition to be appropriately inserted and to read:

     ""Marijuana concentrate" shall have the same meaning as in section 712-1240."

b.   By amending the definitions of "debilitating medical condition" and "marijuana" to read:

""Debilitating medical condition" means:

     (1)  Cancer, glaucoma, positive status for human immunodeficiency virus, acquired immune deficiency syndrome, or the treatment of these conditions;

     (2)  [A] Treatment of a chronic or debilitating disease or medical condition [or its treatment] listed in paragraph (1) that produces one or more of the following:

         (A)  Cachexia or wasting syndrome;

         (B)  Severe pain;

         (C)  Severe nausea;

         (D)  Seizures, including those characteristic of epilepsy; or

         (E)  Severe and persistent muscle spasms, including those characteristic of multiple sclerosis or Crohn's disease; or

     (3)  Any other medical condition approved by the department of health pursuant to administrative rules in response to a request from a physician or potentially qualifying patient.

     "Marijuana" shall have the same meaning as "marijuana" [and "marijuana concentrate"] as provided in sections 329-1 and 712-1240.

     c.   By amending the definitions of "usable marijuana" and "written certification" to read:

     "Usable marijuana" [means]:

     (1)  Means the [dried] leaves and flowers of the plant Cannabis family Moraceae, and any mixture [[]or[]] preparation thereof, that are appropriate for the medical use of marijuana[.  "Usable marijuana" does not include];

     (2)  Does not include hashish, tetrahydrocannabinol, and any alkaloid, salt, derivative, preparation, compound, or mixture, whether natural or synthesized, of tetrahydrocannabinol, or the seeds, stalks, and roots of the plant.

     "Written certification" [means]:

     (1)  Means the [qualifying patient's medical records or a statement] written certification or registry identification forms for the medical use of marijuana issued by the department and signed by a qualifying patient's physician, stating that in the physician's professional opinion, the qualifying patient has a debilitating medical condition and the potential benefits of the medical use of marijuana would likely outweigh the health risks for the qualifying patient.  The department of public safety may require, through its rulemaking authority, that all written certifications comply with a designated form[.  "Written certifications" are]; and

     (2)  Is valid for only one year from the time of signing."

     SECTION 3.  Section 329-122, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  Notwithstanding any law to the contrary, the medical use of marijuana by a qualifying patient shall be permitted only if:

     (1)  The qualifying patient has been physically examined and diagnosed by a physician as having a debilitating medical condition;

     (2)  The qualifying patient’s physician has certified in writing that, in the physician’s professional opinion, the potential benefits of the medical use of marijuana would likely outweigh the health risks for the particular qualifying patient; and

     (3)  The amount of marijuana does not exceed an adequate supply."

     SECTION 4.  Section 329-123, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  Qualifying patients shall register with the department of public safety.  [Such] The registration shall be effective until the expiration of the certificate issued by the department and signed by the physician.  Every qualifying patient shall provide sufficient identifying information to establish personal identity of the qualifying patient and the primary caregiver.  Qualifying patients shall report changes in information within five working days.  Every qualifying patient shall have only one primary caregiver at any given time.  The department shall then issue to the qualifying patient a registration certificate, and may charge a reasonable fee not to exceed [$25.] $75."

     SECTION 5.  Section 329-126, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§329-126[]]  Protections afforded to a treating physician.  No physician shall be subject to arrest or prosecution, penalized in any manner, or denied any right or privilege for providing written certification for the medical use of marijuana for a qualifying patient; provided that:

     (1)  The physician has physically examined and diagnosed the patient as having a debilitating medical condition, as defined in section 329-121;

     (2)  The physician has explained the potential risks and benefits of the medical use of marijuana, as required under section 329-122;

     (3)  The written certification is based upon the physician’s professional opinion after having completed a full physical assessment of the patient and a review of the patient’s medical history and current medical condition, made in the course of a bona fide physician-patient relationship; and

     (4)  The physician has complied with the registration requirements of section 329-123."

     SECTION 6.  Section 329-128, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  Notwithstanding any law to the contrary, fraudulent misrepresentation to a law enforcement official of any fact or circumstance relating to the issuance of a written certificate by a physician not covered under section 329-126 for the medical use of marijuana shall be a [misdemeanor.] class C felony.  This penalty shall be in addition to any other penalties that may apply for the non-medical use of marijuana.  Nothing in this section is intended to preclude the conviction of any person under section 710-1060 or for any other offense under part V of chapter 710."

     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 upon its approval.

 

INTRODUCED BY:	_____________________________