Report Title:

Marijuana, Medical User

 

Description:

Revises statutory provisions regulating the use of marijuana for medical purposes; clarifies definition of "debilitating medical condition"; requires release of names on registry to county police departments for verification purposes. (SD2)

 

THE SENATE

S.B. NO.

1182

TWENTY-FIRST LEGISLATURE, 2001

S.D. 2

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. Section 329-59, Hawaii Revised Statutes, is amended to read as follows:

"§329-59 Controlled substance registration revolving fund; established. (a) There is established within the state treasury the controlled substance registration revolving fund. The fund shall be expended at the discretion of the director of public safety for the purpose of:

(1) Offsetting the cost of the electronic prescription accountability system [and], the registration and control of the manufacture, distribution, prescription, and dispensation of controlled substances and regulated chemicals listed under section 329-61, within the State[;], and the processing and issuance of a patient registry identification certificate designated under part IX; and

(2) Funding positions authorized by the legislature by law.

(b) The fund shall consist of all moneys derived from fees collected pursuant to sections 329-31 [and], 329-67, and 329-123(b) and legislative appropriations. All fees collected pursuant to sections 329-31 [and], 329-67, and 329-123(b) shall be deposited in the controlled substance registration revolving fund."

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

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

""Registry identification certificate" means a document issued by the department that identifies a patient authorized to engage in the medical use of marijuana, the patient's designated primary caregiver, if any, the patient's physician and the location of the patient's marijuana plants. "Registry identification certificates" are valid for only one year pursuant to rules adopted by the department."

2. By amending the definitions of "adequate supply", "debilitating medical condition", "primary caregiver", and "written certification", to read:

""Adequate supply" means an amount of marijuana jointly possessed between the qualifying patient and the primary caregiver that is not more than is reasonably necessary to assure the uninterrupted availability of marijuana for the purpose of alleviating the symptoms or effects of a qualifying patient's debilitating medical condition; provided that an "adequate supply" jointly possessed by the qualifying patient and the primary caregiver shall not exceed three mature marijuana plants, four immature marijuana plants, and one ounce of usable marijuana per month per mature plant.

"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 chronic or debilitating disease or medical condition or its treatment 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].

"Primary caregiver" means a person, other than the qualifying patient and the qualifying patient's physician, who is eighteen years of age or older who has not been convicted under any federal or state law relating to any controlled substance and who has agreed to undertake responsibility for managing the well-being of the qualifying patient with respect to the medical use of marijuana. In the case of a minor or an adult lacking legal capacity, the primary caregiver shall be a parent, guardian, or person having legal custody.

"Written certification" means the qualifying patient's medical records or a statement signed by a qualifying patient's physician[,] utilizing a form issued by the department, 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 valid for only one year [from the time of signing.] as designated on the registry identification certificate issued by the department."

SECTION 3. Section 329-122, Hawaii Revised Statutes, is amended as follows:

1. By amending subsection (a) to read:

"(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 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, after having completed a full assessment of the patient's medical history and current medical condition made in the course of a bona fide physician-patient relationship, 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[.]; and

(4) The marijuana is grown at the following locations:

(A) The qualifying patient's home address;

(B) The primary caregiver's home address; or

(C) A location owned or controlled by the patient or primary caregiver and approved by the administrator."

2. By amending subsection (c) to read:

"(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, while using stationary heavy equipment, or in any moving or stationary vehicle;

(B) In the workplace [of one's employment;] or while working;

(C) On any school grounds;

(D) At any public park, public beach, public recreation center, [recreation] or youth center; [or]

(E) Other place open to the public; [and] or

(F) In any correctional facility, detention center, or cell block;

(3) Any sale of marijuana; and

[(3)] (4) The use of marijuana by a qualifying patient, parent, or primary caregiver for purposes other than medical use permitted by this [[]part[]]."

SECTION 4. Section 329-123, Hawaii Revised Statutes, is amended as follows:

1. By amending subsection (b) to read:

"(b) Qualifying patients shall register with the department of public safety. Such registration shall be effective until the expiration of the certificate issued by the physician. Every qualifying patient shall provide sufficient identifying information as designated by the department to establish personal identity of the qualifying patient and the primary caregiver. Qualifying patients and physicians shall report [changes] any change in information required by the department 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 and primary caregiver a registration certificate, and may charge a reasonable fee [not to exceed $25.] in accordance with the department's rules."

2. By amending subsection (d) to read:

"(d) [Upon an inquiry by a law enforcement agency, the] The department of public safety shall [verify whether the particular qualifying patient has] provide each month a list of qualifying patients registered with the department to the police chiefs of each county for use to verify a registration, and may provide reasonable access to the registry information for official law enforcement purposes. The list of qualifying patients provided to the chiefs of police shall be kept confidential by the respective police departments except for verification purposes; provided that the police departments shall not be subject to liability of any kind for using the list solely for verification purposes."

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, 2005.