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HOUSE OF REPRESENTATIVES

H.B. NO.

1218

TWENTY-SECOND LEGISLATURE, 2003

 

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 to part IX a new section to be appropriately designated and to read as follows:

"§329- Records of registrants. (a) Physicians authorized to issue written certifications for the medical use of marijuana under this chapter shall keep patient records and copies of qualifying patients' written certifications for a period of five years, in conformance with state record-keeping requirements and with any additional rules the department of public safety adopts.

(b) Any practitioner who is authorized to issue written certifications for the medical use of marijuana under this chapter who refuses or fails to make available, keep, or furnish any record, notification, statement, or information in patient charts relating to the issuance of a written certification for the medical use of marijuana for said patient shall be guilty of a class C felony."

SECTION 2. Section 329-121, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

""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." 
SECTION 3.  Section 329-121, Hawaii Revised Statutes, is amended by amending the definitions of "adequate supply", "primary caregiver", and "written certification" to read as follows:
""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] five marijuana plants, [four immature marijuana plants, and one ounce of usable marijuana per each mature plant.] and no more than three ounces of usable marijuana at any given time.

"Primary caregiver" means a person, other than the qualifying patient, another patient registered under part IX 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 4. Section 329-122, Hawaii Revised Statutes, is amended to read as follows:

"[[]§329-122[]] Medical use of marijuana; conditions of use. (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 medical examination and full assessment of the patient's medical history and current medical condition made in the course of a bona fide physician-patient relationship, that the potential benefits of the medical use of marijuana would likely outweigh the health risks for the particular qualifying patient; [and]

    1. The amount of marijuana does not exceed an adequate supply[.];

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

(A) The qualifying patient's home address;

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

    1. A location owned or leased by the patient or primary caregiver and approved by the administrator; and

(5) That no more than fifteen marijuana plants may be grown at any one given address at any given time regardless of how many authorized individuals possessing medical use of marijuana registry certificates reside at that address. In the case of a qualifying patient cohabitating with another qualifying patient, all marijuana plants shall be clearly marked utilizing the qualifying patient's medical marijuana registration number. Any qualifying patient or primary caregiver not complying with this paragraph shall result in the immediate revocation of that patient's registry certificate by the department and that patient shall not be afforded the protections listed in section 329-125.

(b) Subsection (a) shall not apply to a qualifying patient under the age of eighteen years, unless:

(1) The qualifying patient's physician has explained the potential risks and benefits of the medical use of marijuana to the qualifying patient and to a parent, guardian, or person having legal custody of the qualifying patient; and

(2) A parent, guardian, or person having legal custody consents in writing to:

(A) Allow the qualifying patient's medical use of marijuana;

(B) Serve as the qualifying patient's primary caregiver; and

(C) Control the acquisition of the marijuana, the dosage, and the frequency of the medical use of marijuana by the qualifying patient.

(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:

    1. 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]

    1. Other place open to the public; [and] or
(F)	In any correctional facility, detention center, cell block, or any person under the custody of the department of public safety who is housed in a facility under contract with the department or any person under supervision mandated by the courts or parole board; 
(3)	Any sale of marijuana;
(4)	The mailing of marijuana between islands and to locations outside the State;
(5)	The transporting of marijuana between islands or to locations outside this State; or

(6) Persons employed in the following professions:

(A) A law enforcement officer employed by the State or counties;

(B) A firefighter employed by the State or counties;

(C) A water safety officer, lifeguard, swimming instructor or other employee of the State or counties who is responsible for the safety of the public at swimming pools or on beaches;

(D) An employee who is authorized to carry and use firearms on the job;

(E) An emergency medical services employee of the State or county;

(F) An employee who administers or may administer controlled substances or other drugs to patients whether in hospitals, nursing homes, or in emergency situations such as would be encountered by emergency medical services personnel;

(G) Any person whose primary place of employment is a correctional facility operated by the State;

(H) An employee who drives a vehicle (on land or in the water) or operates machinery for an employer;

(I) An employee subject to drug testing under a program mandated by the federal government;

(J) An employee subject to drug testing under a program established through collective bargaining; and

(K) An employee subject to drug testing under a program established by an employer;

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

SECTION 5. 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 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. No qualifying patient shall be allowed to act as a caregiver for another qualifying patient unless authorized by the administrator. 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."

SECTION 6. 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 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 medical examination and full assessment 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 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:

_____________________________

BY REQUEST