THE SENATE

S.B. NO.

1291

TWENTY-EIGHTH LEGISLATURE, 2015

S.D. 2

STATE OF HAWAII

Proposed

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO MEDICAL MARIJUANA.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


PART I

SECTION 1. Chapter 378, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"378-   Medical marijuana. Unless a failure to do so would cause an employer to lose a monetary or licensing-related benefit under federal law, no employer shall discipline, suspend, discharge, or discriminate against any of the employer's employees or applicants for employment solely because the employee or applicant tested positive for the presence of marijuana or its metabolites in a substance abuse test conducted in accordance with section 329B-5 or section 329B-5.5; provided that:

(1) The employee or applicant is a qualifying patient pursuant to section 329-121 and strictly complied with the requirements of part IX of chapter 329;

(2) Nothing in this section shall be construed to authorize the use of medical marijuana in the workplace of an employee's employment; and

(3) Nothing in this section shall be construed to supersede any statute, rule, employment contract, collective bargaining agreement, or workplace regulation or policy prohibiting an employee from being under the influence of marijuana while working in the workplace of the employee's employment."

SECTION 2. Section 329-125, Hawaii Revised Statutes, is amended to read as follows:

"[[]329-125[]] Protections afforded to a qualifying patient or primary caregiver. (a) A qualifying patient or the primary caregiver may assert the medical use of marijuana as an affirmative defense to any prosecution involving marijuana under this [[]part[]] or chapter 712; provided that the qualifying patient or the primary caregiver strictly complied with the requirements of this part.

(b) Any qualifying patient or primary caregiver not complying with the permitted scope of the medical use of marijuana shall not be afforded the protections against searches and seizures pertaining to the misapplication of the medical use of marijuana.

(c) No person shall be subject to arrest or prosecution for simply being in the presence or vicinity of the medical use of marijuana as permitted under this part.

(d) A qualifying patient or primary caregiver shall not be subject to any civil penalty or disciplinary action by a court or occupational or professional licensing board or bureau for any behavior that is in strict compliance with this part.

(e) Unless a failure to do so would cause an employer to lose a monetary or licensing-related benefit under federal law, no employer shall discipline, suspend, discharge, or discriminate against any of the employer's employees or applicants for employment solely because the employee or applicant tested positive for the presence of marijuana or its metabolites in a substance abuse test conducted in accordance with section 329B-5 or section 329B-5.5; provided that:

(1) The employee or applicant is a qualifying patient pursuant to section 329-121 and strictly complied with the requirements of this part;

(2) Nothing in this section shall be construed to authorize the use of medical marijuana in the workplace of an employee's employment; and

(3) Nothing in this section shall be construed to supersede any statute, rule, employment contract, collective bargaining agreement, or workplace regulation or policy prohibiting an employee from being under the influence of marijuana while working in the workplace of the employee's employment."

PART II

SECTION 3. The legislature finds that support for the medical use of marijuana in the State is strong and that the experience of the State with the medical use of marijuana has been favorable, but that existing protections for patients are very weak regarding civil penalties. Patients within the medical marijuana program should not be less secure in their housing, school enrollment, or supplemental medical care than patients who have made different private decisions with their doctors concerning medication.

The legislature is mindful of the difficult position of medical marijuana patients under federal law and seeks to ensure that the rights of patients are protected, while at the same time respecting the needs of institutions and individuals to protect themselves from federal penalties. For this reason, the rights afforded under this part are limited to those situations in which no monetary or licensing-related benefit would be revoked for compliance with state law, and to those situations in which patients and caregivers are in strict compliance with the State's medical marijuana law.

SECTION 4. Chapter 329, Hawaii Revised Statutes, is amended by adding a new section to part IX to be appropriately designated and to read as follows:

"329-   Medical marijuana patient and caregiver protections. (a) No school shall refuse to enroll or otherwise penalize, and no landlord shall refuse to lease property to or otherwise penalize, a person solely for the person's status as a qualifying patient or primary caregiver in the medical marijuana program under this part, unless failing to do so would cause the school or landlord to lose a monetary or licensing-related benefit under federal law or regulation; provided that the qualifying patient or primary caregiver strictly complied with the requirements of this part.

(b) For the purposes of medical care, including organ transplants, a registered qualifying patient's use of marijuana in compliance with this part shall be considered the equivalent of the use of any other medication under the direction of a physician and shall not constitute the use of an illicit substance or otherwise disqualify a registered qualifying patient from medical care.

(c) No person shall be denied:

(1) Custody of;

(2) Visitation with; or

(3) Parenting time with

a minor, and there shall be no presumption of neglect or child endangerment, for conduct allowed under this part; provided that this subsection shall not apply if the person's conduct created an unreasonable danger to the safety of the minor as established by clear and convincing evidence."

PART III

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 July 1, 2050.


 


 

Report Title:

Medical Marijuana; Employment; Discrimination; Schools; Landlords; Medical Care; Parental Rights; Protections

 

Description:

Prohibits an employer from disciplining, suspending, discharging, or discriminating against an employee who is a patient qualified to use medical marijuana solely because the employee tested positive for marijuana use. Prohibits discrimination against medical marijuana patients and caregivers by schools, landlords, and courts with regard to medical care or parental rights. Effective July 1, 2050. (Proposed SD2)

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.