HOUSE OF REPRESENTATIVES
THIRTIETH LEGISLATURE, 2020
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO CANNABIS FOR MEDICAL USE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that patients and primary caregivers cultivating medical cannabis at a registered grow site under the State's medical cannabis registry program have no legal means of obtaining safe, laboratory-tested genetic material from which to propagate their plants. State law on the medical use of cannabis currently authorizes qualifying patients to cultivate up to ten medical cannabis plants at a grow site listed on the patient's registry card, but does not specify by what means propagules, cuttings, or other cannabis genetic material necessary to produce these plants may be obtained. In practice, existing law often forces patients or their primary caregivers to obtain propagules, cuttings, or other cannabis genetic material from the illicit market. Unfortunately, these materials have not been tested for the presence of pesticides and heavy metals, and are of unknown genetic provenance and therapeutic value.
The legislature also finds that, in a number of other states that authorize the medical use of cannabis, propagules and cuttings are available for purchase through state-licensed dispensaries. These laws ensure that patients who choose to cultivate their own cannabis plants have a legal channel from which to obtain safe, quality-assured genetic material with verified therapeutic properties.
The legislature further finds that the State's medical cannabis dispensary system law was enacted, in part, to improve qualifying patients' access to safe and quality-assured medical cannabis and medical cannabis products. However, state law does not explicitly authorize licensed dispensaries to distribute cannabis propagules or cuttings.
Accordingly, the purpose of this Act is to amend the State's medical cannabis dispensary system law to:
(1) Include cannabis propagules and cuttings in the definition of the term "cannabis", thereby authorizing dispensaries to distribute medical cannabis propagules and cuttings;
(2) Authorize only persons who may cultivate medical cannabis to purchase the propagules and cuttings; and
(3) Imposes quantity limits and quality requirements on the distributed propagules and cuttings.
SECTION 2. Section 329D-1, Hawaii Revised Statutes, is amended as follows:
1. By inserting two new definitions to read:
""Cutting" means the stem of a cannabis plant that is taken or cut off for the purpose of being rooted and grown into a new cannabis plant.
"Propagule" means any part of a cannabis plant that can be used to grow a new cannabis plant."
2. By amending the definition of "cannabis" to read:
""Cannabis" shall have the same meaning as in section 329‑121. "Cannabis" includes cannabis propagules and cuttings."
SECTION 3. Section 329D-13, Hawaii Revised Statutes, is amended to read as follows:
"§329D-13 Dispensing limits. (a) A qualifying patient, primary caregiver, qualifying out-of-state patient, or caregiver of a qualifying out-of-state patient shall be allowed to purchase no more than four ounces of cannabis, not including propagules and cuttings, within a consecutive period of fifteen days, or no more than eight ounces of cannabis, not including propagules and cuttings, within a consecutive period of thirty days.
(b) A qualifying patient or primary caregiver authorized to cultivate cannabis pursuant to sections 329-122 and 329‑130(a) shall be allowed to purchase no more than five propagules or cuttings within a consecutive period of fifteen days, or no more than ten propagules or cuttings with a consecutive period of thirty days; provided that:
(1) Propagules or cuttings sold by the licensee shall have undergone laboratory-based testing for residual pesticides and heavy metals, and shall not be distributed if pesticides or heavy metals are detected; and
(2) This subsection shall not apply to a qualifying out-of-state patient or a caregiver of a qualifying out-of-state patient.
(b) A qualifying patient, primary caregiver,
qualifying out-of-state patient, or caregiver of a qualifying out-of-state
patient may purchase cannabis] (c)
Purchases under subsections (a) and (b) may be made from any
dispensary location in the State, subject to the limits and restrictions
set forth in [ subsection] subsections (a)[ .] and (b).
Beginning on January 1, 2018, this section] (d) Subsections (a) and (c) may apply to
qualifying out-of-state patients from other states, territories of the United
States, or the District of Columbia[ ;] attempting to purchase
cannabis, not including propagules and cuttings, provided that the patient
meets the registration requirements of section 329-123." SECTION 4.
This Act does not affect rights and duties that matured, penalties that
were incurred, and proceedings that were begun before its effective date.
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect on July 1, 2050.
Health; Cannabis; Medical Use; Propagules; Cuttings; Medical Cannabis Dispensaries
Authorizes medical cannabis dispensaries to distribute cannabis propagules and cuttings to individuals authorized to cultivate cannabis plants for medical use, subject to quantity limits and quality requirements. Effective 7/1/2050. (HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.