STAND. COM. REP. NO. 1061

Honolulu, Hawaii

, 2005

RE: S.B. No. 128

S.D. 1

H.D. 1

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Public Safety & Military Affairs, to which was referred S.B. No. 128, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO CONTROLLED SUBSTANCES,"

begs leave to report as follows:

The purpose of this bill is to transfer the administration of the State's program for the medicinal use of marijuana from the Department of Public Safety to the Department of Health and to improve the program's efficiency and ease of use.

Specifically, this bill amends the registration requirements of the medical use of marijuana law to require qualifying patients and primary caregivers to register with the Department of Health rather than the Department of Public Safety. The bill removes the requirement that physicians must register their patients but requires physicians to provide written certifications for qualifying patients attesting to the patient having a debilitating medical condition, but specifically prohibits physicians to include the qualifying patient's diagnosis. The bill requires the Department of Health to prepare registration forms and make them available online. The Department of Health, not the Department of Public Safety, is required to verify registration inquiries. All relevant appropriations, records, etc., are to be transferred from the Department of Public Safety to the Department of Health.

This bill further creates a standing committee in the Department of Health, composed of two physicians, two representatives of certified medical marijuana patients, and one person from the Department of Health, to consider and approve or reject petitions to add other medical conditions to those that qualify for the use of medical marijuana. After thirty days, if approved, the new medical condition would become effective immediately for the purposes of using medical marijuana.

In addition, this bill:

(1) Adds a new definition of "registration" to specify the role of the Department of Health;

(2) Amends the definitions of:

(A) "Adequate supply" by clarifying that an adequate supply consists of seven plants and three ounces of usable marijuana rather than three mature and four immature plants and one ounce of usable marijuana per each mature plant;

(B) "Debilitating medical condition" to clarify that other medical conditions may be added by action of the standing committee rather than by adoption of administrative rule; and

(C) "Written certification" to reflect that the certification process rests with the Department of Health and not the Department of Public Safety and to delete the one-year period of validity of the certification;

(3) Requires the qualifying patient's physician to complete a medical examination and assessment of the patient's medical history and current medical condition in the course of a bona fide physician-patient relationship;

(4) Prohibits the use of medical marijuana while using heavy equipment, stationary or otherwise;

(5) Allows the use of medical marijuana in one's workplace if that place is one's residence; and

(6) Increases the number of qualifying patients that a primary caregiver may care for from one to three.

Your Committee received testimony in support of this bill from the Drug Policy Forum, Drug Policy Action Group, Hawaii Independent Democrats, and five individuals. Testimony in opposition to this bill was received from the Department of Health, Department of Public Safety, Department of the Prosecuting Attorney of the City and County of Honolulu, the Office of Prosecuting Attorney of Kauai County, and the Honolulu Police Department.

Your Committee has amended this bill to:

(1) Delete all language referring to the transfer of the medical marijuana program from the Department of Public Safety to the Department of Health to allow further discussion on this issue;

(2) Remove the two representatives of patients certified to use marijuana from the standing committee in the Department of Health;

(3) Delete the new definition of "registration";

(4) Delete amendments to the existing definitions of "debilitating medical condition" and "written certification";

(5) Amend the definition of "adequate supply" to consist of five, rather than seven, marijuana plants and three usable ounces;

(6) Clarify that the primary caregiver, together with the patient, may possess no more than an adequate supply of marijuana;

(7) Prohibit the use of medical marijuana in any correctional facility, detention center, or cell block or by any person under the custody of the Department of Public Safety, or by any person on probation or parole;

(8) Remove the amendments to the registration requirements but:

(A) Adding a requirement for the physician to provide the qualifying patient and primary caregiver with written certification;

(B) Lengthening the period of time within which a qualifying patient must report changes in information to the Department of Public Safety from five to ten working days; and

(C) Adding the primary caregiver, in addition to the patient, as a person to whom a registration certificate is to be issued; and

(9) Change the effective date to July 1, 2099 for the purpose of promoting further discussion.

Your Committee believes that this bill merits further and more detailed discussion and expresses the wish that your Committees on the Judiciary and Finance will provide the forum in which to do so.

As affirmed by the record of votes of the members of your Committee on Public Safety & Military Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 128, S.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 128, S.D. 1, H.D. 1, and be referred to the Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Public Safety & Military Affairs,

 

____________________________

KEN ITO, Chair