TWENTY-SEVENTH LEGISLATURE, 2013
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO HEALTH.
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. Section 329-121, Hawaii Revised Statutes, is amended as follows:
1. 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 [
seven marijuana plants[ , four immature marijuana plants, and one
ounce], whether immature or mature, and four ounces of usable
marijuana [ per each mature plant.] at any given time."
2. By amending the definition of "medical use" to read:
""Medical use" means the
acquisition, possession, cultivation, use, distribution, or transportation of
marijuana or paraphernalia relating to the administration of marijuana to
alleviate the symptoms or effects of a qualifying patient's debilitating
medical condition. For the purposes of "medical use", the term
distribution is limited to the transfer of marijuana and paraphernalia [
the primary caregiver to the qualifying patient]."
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 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
4. By amending the definition of "usable marijuana" to read:
""Usable marijuana" means the
dried leaves and flowers of the plant Cannabis family Moraceae, and any mixture
or[ ]] preparation thereof, that are appropriate for the
medical use of marijuana. "Usable marijuana" does not include the
seeds, stalks, and roots of the plant."
5. 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. "Written certifications" are valid
for only one year from the time of signing."
SECTION 3. 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 does not exceed an adequate supply."
SECTION 4. 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 written
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 department of
health shall require, in rules adopted pursuant to chapter 91, that all written
certifications comply with a designated form completed by or on behalf of a
qualifying patient. The form shall require information from the applicant,
primary caregiver, and primary care physician as specifically required or
permitted by this chapter. The form shall require the address of the location
where the marijuana is grown and shall appear on the registry card issued by
the department of health. The certifying physician shall be required to be the
qualifying patient's primary care physician. All current active medical
marijuana permits shall be honored through their expiration date.
(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 of health 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 of health shall [ then] issue
to the qualifying patient a registration certificate, and [ may] shall
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 qualifying patient at any given
(d) Upon [
an] inquiry by a law enforcement
agency, which inquiry may be made twenty-four hours a day, seven days a week,
the department of [ public safety] health shall immediately
verify whether the [ particular qualifying patient] subject of the
inquiry has registered with the department of health and may provide
reasonable access to the registry information for official law enforcement
SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 7. This Act shall take effect on January 2, 2015.
Medical Use of Marijuana
Amends the definitions of "adequate supply", "medical use", "primary caregiver", "usable marijuana", and "written certification". Allows the medical use of marijuana if the amount of marijuana possessed by the qualifying patient does not exceed an adequate supply. Amends registration requirements. Allows inquiries by law enforcement agencies regarding registration status to be made 24 hours a day, 7 days a week. Requires DOH to immediately verify, upon inquiry, whether the subject of an inquiry is registered with DOH. Takes effect 1/2/2015. (CD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.