Report Title:

Medical Marijuana

Description:

Permits a section 501(c)(3) tax exempt organization, including a church whose sacraments include the use of marijuana, to be a distributor for persons using medical marijuana and to treat qualifying patients who are addicted to crystal methamphetamine if certain conditions are met.

HOUSE OF REPRESENTATIVES

H.B. NO.

2669

TWENTY-SECOND LEGISLATURE, 2004

 

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. Chapter 329, Hawaii Revised Statutes, is amended by adding two new sections to part IX to be appropriately designated and to read as follows:

"329- Protections afforded to a registered distributor. No registered distributor or its staff shall be subject to arrest or prosecution, penalized in any manner, or denied any right or privilege for distributing medical marijuana to a qualifying patient. A patient who seeks to obtain medical marijuana from a registered distributor shall produce a valid prescription under this section and shall receive an adequate supply as decided by the physician.

A tax exempt organization under section 501(c)(3) of the Internal Revenue Code of 1986, as amended, may apply for registration with the department of public safety as a registered distributor if the organization is an organization whose purposes include the distribution of medical marijuana, including a religious organization whose sacraments include use of medical marijuana. Registration shall be accepted or denied by written documentation within thirty days of application. A denial shall include a statement of reasons for the denial by the department. Only a tax exempt organization with an accepted registration may distribute marijuana for medical purposes.

The department of public safety may adopt rules to implement this section; provided that a lack of rules shall not constitute a reason to delay or deny registration under this section.

329- Treatment of crystal methamphetamine addiction by registered tax exempt organizations. A tax exempt organization registered pursuant to section 329- is authorized use medical marijuana to treat qualifying patients who are addicted to crystal methamphetamine; provided that crystal methamphetamine is determined to be a debilitating medical condition as defined in section 329-121. The determination of crystal methamphetamine addiction as a debilitating medical condition shall be the responsibility of the department of health as provided in the definition of "debilitation medical condition" in section 329-121."

SECTION 2. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:

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