Bill Text: HI SB682 | 2015 | Regular Session | Amended
Bill Title: Medical Marijuana; Patients and Caregivers; Protections; Certifying Physician
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2015-04-20 - Received notice of Senate conferees (Sen. Com. No. 642). [SB682 Detail]
Download: Hawaii-2015-SB682-Amended.html
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THE SENATE |
S.B. NO. |
682 |
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TWENTY-EIGHTH LEGISLATURE, 2015 |
S.D. 2 |
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STATE OF HAWAII |
Proposed |
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A BILL FOR AN ACT
RELATING TO MEDICAL MARIJUANA.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 329-122, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
"(c) The authorization for the medical use of marijuana in this section shall not apply to:
(1) The medical use of marijuana that endangers the health or well-being of another person;
(2) The medical use of marijuana:
(A) In a school bus, public bus, or any moving vehicle;
(B) In the workplace of one's employment;
(C) On any school grounds;
(D) At any public park, public beach, public recreation center, recreation or youth center; or
(E) [Other] Any other place open
to the public; provided that a qualifying patient, parent, primary
caregiver, or an owner or employee of a medical marijuana production center or
dispensary licensed under sections 321-B and 321-C shall not be prohibited from
transporting medical marijuana in any public place; and
(3) The use of marijuana by a qualifying patient, parent, or primary caregiver for purposes other than medical use permitted by this part."
SECTION 2. Section 329-123, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Physicians who issue written
certifications shall provide, in each written certification, the name, address,
patient identification number, and other identifying information of the qualifying
patient. The department of health shall require, in rules adopted pursuant to
chapter 91, that all written certifications comply with a designated form
completed by or on behalf of a qualifying patient. The form shall require
information from the applicant, primary caregiver, and [primary care]
physician as specifically required or permitted by this chapter. The form
shall require the address of the location where the marijuana is grown and
shall appear on the registry card issued by the department of health. [The
certifying physician shall be required to be the qualifying patient's primary
care physician.] All current active medical marijuana permits shall be
honored through their expiration date."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. In codifying the amendments made to section 329-122(c), Hawaii Revised Statutes, in section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections 321-B and 321-C, Hawaii Revised Statutes, pursuant to S.B. No. 1302, in any form passed by the legislature during the regular session of 2015.
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect on July 1, 2050, only if S.B. 1302, in any form passed by the legislature during the regular session of 2015, becomes an Act.
Report Title:
Medical Marijuana; Patients and Caregivers; Protections; Certifying Physician
Description:
Allows a qualifying patient, parent, primary caregiver, or an owner or employee of a medical marijuana production center or dispensary to transport medical marijuana in any public place. Repeals the requirement that a certifying physician be the qualifying patient's primary care physician. Effective 7/1/2050 and contingent upon passage of S.B. No. 1302 (2015). (Proposed SD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
