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 tobacco industry spends more than $12,000,000,000 annually on advertising and marketing its products in the United States. Each year, tobacco companies spend over $42,000,000 promoting their brands in stores throughout Hawaii. The National Cancer Institute has reported that the total weight of evidence from multiple studies demonstrates a causal relationship between tobacco advertising and promotion and increased tobacco use.
The legislature additionally finds that retail stores are given incentives to place tobacco advertisements and products in strategic locations near the cash register, known as a point-of-sale, or in self-service displays. Research indicates the presence of these products and advertisements may stimulate impulse purchases. Furthermore, a 2009 study found that frequent visits to stores selling tobacco and a greater awareness of cigarettes sold in stores increased the likelihood of teenagers being susceptible to initiating smoking, experimenting with smoking, or becoming smokers.
The legislature has a compelling interest in reducing the number of children and teens in Hawaii who smoke. The legislature finds that because of the documented connection between children and youth exposure to tobacco advertisements and youth tobacco initiation, regulations on the placement of cigarette and tobacco products is needed.
The purpose of this part is to require cigarettes and tobacco products to be sold, offered for sale, or displayed only in a direct, face-to-face exchange between the retailer and the consumer.
SECTION 2. Chapter 328J, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§328J- Placement of cigarettes and tobacco products. (a) A person who owns, manages, operates, or otherwise controls any establishment where cigarettes or tobacco products are sold or offered for sale shall not sell, permit to be sold, offer for sale, or display for sale any cigarettes or tobacco products except only in a direct, face-to-face exchange between the retailer and the consumer.
(b) This section shall not apply to retail tobacco stores, bars, or any establishment for which the minimum age for admission is eighteen."
SECTION 3. 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 part is to amend the medical use of marijuana law to address the concerns of Hawaii's seriously ill patients.
SECTION 4. 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 seeds, seedlings, or clones, to any other qualifying patient or any other primary caregiver who is registered under section 329-123; provided that no consideration is paid for the marijuana and that the total amount of marijuana possessed by the recipient does not exceed the adequate supply amount specified in section 329-121.
§329- Authorized conduct by a visiting qualifying patient. A qualifying patient who is visiting the State from another jurisdiction of the United States that authorizes the medical use of marijuana pursuant to a law recognized by the department of health and who has in the qualified patient's possession a valid registry identification card issued in another jurisdiction of the United States or its equivalent and photographic identification from that jurisdiction may for thirty days after entering the State engage in conduct authorized for a qualifying patient under this chapter; provided that any qualifying patient who is visiting the State for thirty-one days or more from another jurisdiction of the United States shall register with the State medical use of marijuana program pursuant to section 329-123 no later than thirty-one days after entering the State.
§329- Limitation of marijuana plants grown. Notwithstanding the adequate supply amount authorized for each qualified patient and primary caregiver pursuant to this chapter, there shall be no more than twenty-eight marijuana plants located at a single property as defined by a single Tax Map Key."
SECTION 5. 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 a primary caregiver as compensation for costs associated with assisting qualifying patients who are registered under section 329-123 to obtain marijuana for medical use; provided that "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 [
seven marijuana plants[ , four immature marijuana plants, and one
ounce], whether immature or mature, and five ounces of usable
marijuana [ per each mature plant.] at any given time."
3. 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 [
from the primary
caregiver to the qualifying patient.] among qualifying patients and
4. 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."
5. 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."
6. 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 6. 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 7. 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 may 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 only require information from the
applicant, primary caregiver, and certifying physician as specifically required
or permitted by this chapter. The form may request the address of the location
where the marijuana is grown, but that information shall be confidential and
shall not appear on the registry card issued by the department of health. The
information required 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. The
certifying physician shall not be required to be the qualifying patient's
primary care physician. 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 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 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 three
qualifying [ patient] patients at any given time[ .];
provided that a primary caregiver shall disclose the number of qualifying
patients for whom the primary caregiver is responsible upon registration and
that number shall be included in any registration card provided to the primary
caregiver. The primary caregiver shall notify the department of health in
writing of any changes to the number of the qualifying patients for whom the
primary caregiver is responsible.
(d) 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 of health and may provide
reasonable access to the registry information for official law enforcement
SECTION 8. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 9. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 10. This Act shall take effect on July 1, 2050.
Tobacco; Tobacco Product Placement; Medical Use of Marijuana
Requires cigarettes and tobacco products to be sold, offered for sale, or displayed only in a direct, face-to-face exchange between the retailer and the consumer. Amends the Medical Use of Marijuana Law. Effective July 1, 2050. (SB642 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.