THE SENATE |
S.B. NO. |
86 |
THIRTY-FIRST LEGISLATURE, 2021 |
S.D. 2 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to hawaiian affairs.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
Section 1. The legislature finds that article XII, section 2, of the Hawaii State Constitution states in part: "The State and its people do further agree and declare that the spirit of the Hawaiian Homes Commission Act looking to the continuance of the Hawaiian homes projects for the further rehabilitation of the Hawaiian race shall be faithfully carried out." Affording the opportunity to utilize lands designated for agriculture by the department of Hawaiian home lands would allow for increased revenue for both beneficiaries and the department of Hawaiian home lands.
The purpose of this Act is to increase the number of medical cannabis dispensaries by requiring the department of health to issue eight dispensary licenses to the department of Hawaiian home lands.
Section 2. Chapter 329D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§329D-
Medical cannabis dispensaries on Hawaiian
home lands. (a) The department shall issue to the department of
Hawaiian home lands eight dispensary licenses; provided that two dispensary licenses
shall be issued for the city and county of Honolulu; three dispensary licenses shall
be issued for the county of Hawaii with one for east Hawaii, one for north Hawaii,
and one for west Hawaii; two dispensary licenses shall be issued for the county
of Maui, one for Maui and one for Molokai; and one dispensary license shall be issued
for the county of Kauai.
(b) The department shall advise and assist the department
of Hawaiian home lands in establishing a license application procedure and verification
in accordance with section 329D-4 and the selection process in accordance with section
329D-5 to include the criteria of section 329D-7(3).
(c) Each application for a dispensary license shall
include both an individual applicant and an applying entity. The application shall be submitted to the department
of Hawaiian home lands and shall include supporting documentation to establish the
following:
(1) That the individual applicant:
(A) Is
native Hawaiian as defined in section 201 of the Hawaiian Homes Commission Act;
(B) Has
been a legal resident of the State for not less than five years preceding the date
of application;
(C) Is
not less than eighteen years of age; and
(D) Has
had no felony convictions;
(2) That the applying entity:
(A) Has
been organized under the laws of the State;
(B) Has
a Hawaii tax identification number;
(C) Has
a department of commerce and consumer affairs business registration division number
and suffix;
(D) Has
a federal employer identification number;
(E) Is
not less than fifty-one per cent held by native Hawaiians as defined in section
201 of the Hawaiian Homes Commission Act or entities wholly controlled by native
Hawaiians as defined in section 201 of the Hawaiian Homes Commission Act who have
been Hawaii legal residents for not less than five years immediately preceding the
date the application was submitted;
(F) Has
financial resources under its control of not less than $1,000,000 for the license
applied for, plus not less than $100,000 for each retail dispensing location allowed
under the license applied for, in the form of bank statements or escrow accounts,
and that the financial resources have been under the control of the applying entity
for not less than ninety days immediately preceding the date the application was
submitted; and
(G) Is
composed of principals or members, each of whom has no felony convictions.
A dispensary license shall not be sold or otherwise
transferred from one person to another person. No person may be granted more than one dispensary
license.
(d) Medical cannabis production centers and dispensaries
on Hawaiian home lands are not subject to county zoning, ordinances, rules, or regulations."
SECTION 3. The provisions of the amendments made by this Act to the Hawaiian Homes Commission Act, 1920, as amended, are declared to be severable, and if any section, sentence, clause, or phrase, or the application thereof to any person or circumstances is held ineffective because there is a requirement of having the consent of the United States to take effect, then that portion only shall take effect upon the granting of consent by the United States and effectiveness of the remainder of these amendments or the application thereof shall not be affected.
SECTION 4. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
Report Title:
Department of Hawaiian Home Lands; Medical Cannabis; Dispensaries
Description:
Requires the Department of Health to issue medical cannabis dispensary licenses to the Department of Hawaiian Home Lands, allowing for increased revenue for beneficiaries. (SD2)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.