TWENTY-SEVENTH LEGISLATURE, 2013
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO MEDICAL MARIJUANA.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the State's medical marijuana program was enacted into law in 2000 as a public health program conceived out of compassion for the health and welfare of the seriously ill. After twelve years, the experience of the program indicates that improvements to the law will help to fulfill its original intent by clarifying provisions and removing serious obstacles to patient access and physician participation.
The purpose of this Act is to amend the medical use of marijuana law to address the concerns of Hawaii's seriously ill patients.
SECTION 2. Chapter 329, Hawaii Revised Statutes, is amended by adding three new sections to part IX to be appropriately designated and to read as follows:
"§329- Transfers. A qualifying patient or primary caregiver who is registered under section 329-123 may provide usable marijuana or any part of the marijuana plant, including the seeds, seedlings, or clones, to any other qualifying patient or registered primary caregiver who is registered under section 329-123; provided that no consideration is paid for the marijuana and that the recipient does not exceed the adequate supply amount specified in section 329-121.
§329- Medical marijuana; transport. A qualifying patient who is registered under section 329-123 and who transports marijuana that is intended for medical use shall be immune from searches, seizures, and prosecution for offenses under part IV of chapter 712 while in the course of the transport.
§329- Authorized conduct by a visiting qualifying patient. For thirty days after entering the State, a qualifying patient who is visiting from another jurisdiction that authorizes the medical use of marijuana pursuant to a law recognized by the department of health, and who possesses a valid registry identification card, or its equivalent, and photographic identification or a driver's license from that jurisdiction, may engage in conduct authorized for a qualifying patient under this part."
SECTION 3. Section 329-121, Hawaii Revised Statutes, is amended as follows:
1. By adding a new definition to be appropriately inserted and to read:
""Reimbursement" means consideration provided to primary caregivers as compensation for costs associated with assisting qualifying patients who are registered under section 329-123 to obtain marijuana for medical use. Reimbursement shall not include the sale of controlled substances."
2. By amending the definition of "adequate supply" 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" shall not exceed [
marijuana] ten marijuana plants[ , four immature marijuana plants,
and one ounce] and five ounces of usable [ marijuana per each
mature plant.] marijuana at any given time."
3. By amending the definition of "primary caregiver" to read:
""Primary caregiver" means a
,] eighteen years of age or older, other than the
qualifying patient and the qualifying patient's physician, [ who is eighteen
years of age or older] who has agreed, with or without reimbursement,
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."
4. By amending the definition of "written certification" to read:
""Written certification" means
the qualifying patient's medical records or a statement 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] health may
require, through its rulemaking authority, that all written certifications
comply with a designated form. The form may not require that the signing
physician be the qualifying patient's primary care physician. The form may
request the address of the location where the marijuana is grown, but the
information shall be confidential and shall not appear on the registry card
issued by the department of health. "Written certifications" are
valid for only one year from the time of signing."
SECTION 4. 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 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 possessed by the qualifying patient and the primary caregiver does not exceed an adequate supply."
SECTION 5. Section 329-123, Hawaii Revised Statutes, is amended to read as follows:
"§329-123 Registration requirements.
(a) Physicians who issue written certifications shall [
register the names,
addresses, patient identification numbers,] provide, in each
certification, the name, address, patient identification number, and other
identifying information of the [ patients issued written certifications with
the department of public safety.] qualifying patient. The information
shall include the physician's attestation that the qualifying patient has one
of the debilitating medical conditions defined in section 329-121, but shall
not name or describe the particular condition. If the physician issuing the
written certification is not the qualifying patient's primary care physician,
the issuing physician shall send a copy of the written certification to the
qualifying patient's primary care physician, if any.
(b) Qualifying patients shall register with
the department of [
public safety.] health. 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 the personal identities of the
qualifying patient and the primary caregiver. Qualifying patients shall report
changes in information within [ five] ten 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
$35[ .] per year.
(c) Primary caregivers shall register with the
department of [
public safety.] health. Every primary caregiver
shall be responsible for the care of [ only one] not more than five
qualifying [ patient] patients at any given time.
(d) The department of health may require, pursuant to rules adopted under chapter 91, that a registration be based on information contained in a designated form completed by or on behalf of a qualifying patient. The form shall only require information from the applicant, primary caregiver, and certifying physician, as specifically required or permitted by this part.
(d)] (e) Upon [ an]
inquiry by a law enforcement agency, the department of [ public safety] health
shall verify whether the [ particular qualifying patient] subject of
the inquiry has registered with the department and may provide reasonable
access to the registry information for official law enforcement purposes."
SECTION 6. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.
SECTION 7. The department of public safety shall facilitate the transfer of functions pursuant to this Act by collaborating with, cooperating with, and assisting the department of health with assuming jurisdiction of and responsibility for the medical marijuana program as contained in this Act.
In order to facilitate the transfer of functions pursuant to this Act, until all relevant records are transferred to the department of health, the duties of the department of public safety shall include but not be limited to maintaining a confirmation service of the registration and certification of physicians, qualifying patients, and primary caregivers, pursuant to section 329-123, Hawaii Revised Statutes, that is full time, operating twenty-four hours per day and seven days per week, and is accessible to the department of health.
SECTION 8. All rights, powers, functions, and duties of the department of public safety relating to the medical use of marijuana under chapter 329, part IX, Hawaii Revised Statutes, are transferred to the department of health.
All officers and employees whose functions are transferred by this Act shall be transferred with their functions and shall continue to perform their regular duties upon their transfer, subject to the state personnel laws and this Act.
All employees who occupy civil service positions and whose functions are transferred to the department of health by this Act shall retain their civil service status, whether permanent or temporary. Employees shall be transferred without loss of salary, seniority, retention points, prior service credit, any vacation and sick leave credits previously earned, and other rights, benefits, and privileges in accordance with state personnel laws and this Act; provided that the employees possess the minimum qualifications and public employment requirements for the class or position to which transferred or appointed, as applicable; and provided further that subsequent changes in status may be made pursuant to applicable civil service and compensation laws.
Any employee who, prior to this Act, is exempt from civil service and is transferred as a consequence of this Act, may continue to retain the employee's exempt status, but shall not be appointed to a civil service position because of this Act. An exempt employee who is transferred by this Act shall not suffer any loss of prior service credit, any vacation and sick leave credits previously earned, or other employee benefits or privileges as a consequence of this Act; provided that the employee possesses legal and public employment requirements for the position to which the employee is transferred or appointed, as applicable; and provided further that subsequent changes in status may be made pursuant to applicable employment and compensation laws. The director of health may prescribe the duties and qualifications of such employees and fix their salaries without regard to chapter 76, Hawaii Revised Statutes.
If an office or position held by an officer or employee having tenure is abolished, the officer or employee shall not thereby be separated from public employment, but shall remain in the employment of the State with the same pay and classification and shall be transferred to some other office or position for which the officer or employee is eligible under the personnel laws of the State as determined by the head of the department or the governor.
SECTION 9. All appropriations, fees, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property heretofore made, used, acquired, or held by the department of public safety relating to the functions transferred to the department of health shall be transferred with the functions to which they relate.
SECTION 10. All rules, policies, procedures, guidelines, and other material adopted or developed by the department of public safety to implement provisions of the Hawaii Revised Statutes which are reenacted or made applicable to the department of health by this Act, shall remain in full force and effect until amended or repealed by the department of health pursuant to chapter 91, Hawaii Revised Statutes. In the interim, every reference to the department of public safety or director of public safety in those rules, policies, procedures, guidelines, and other material is amended to refer to the department of health or director of health as appropriate.
SECTION 11. All designated forms for written certifications issued by the department of public safety shall be valid under the department of health until the department of health issues new designated forms.
SECTION 12. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 13. This Act shall take effect on July 1, 2013.
Increases the amount of marijuana that constitutes an adequate supply by allowing a qualifying patient to possess 10 marijuana plants and 5 ounces of marijuana at any given time. Keeps confidential the site where marijuana is grown. Prohibits the DOH from requiring that a certifying physician be the patient's primary care physician. Prohibits certifying physicians from naming or describing a patient's particular debilitating condition. Increases the permissible ratio of patients to caregivers by allowing a caregiver to be responsible for the care of up to 5 patients at any given time. Allows transfer to another qualified patient and transport of medical marijuana without prosecution. Allows for recognition of visiting qualifying patients. Transfers departmental jurisdiction of the medical marijuana laws from PSD to DOH and requires PSD to assist with the transfer. Effective 07/01/2013.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.