THIRTY-FIRST LEGISLATURE, 2021
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO THE OFFICE OF MEDICAL CANNABIS CONTROL AND REGULATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that Act 159, Session Laws of Hawaii 2018, established the office of medical cannabis control and regulation (OMCCR) under the health resources administration of the department of health to administer medical cannabis dispensary licensure and regulation pursuant to chapter 329D, Hawaii Revised Statutes, and the registration of qualifying patients and primary caregivers pursuant to chapter 329, part IX, Hawaii Revised Statutes.
The purpose of this Act is to allow the department of health to fully operationalize the office of medical cannabis control and regulation to ensure patient access and regulatory oversight of the licensed dispensaries by:
(1) Changing the means of financing for general-funded OMCCR positions from general funds to the medical cannabis registry and regulation special fund;
(2) Establishing, hiring, and filling three new permanent full-time equivalent positions (3.0 FTE) funded by the medical cannabis registry and regulation special fund; and
(3) Authorizing the department of health to set via administrative rule making, patient registration fees beginning in fiscal year 2022.
SECTION 2. Section 329-123, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
Qualifying patients shall register with
the department of health. The
registration shall be effective until the expiration of the certificate issued
by the department of health and signed by the physician or advanced practice
registered nurse. 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 ten working days. Every qualifying patient shall have only one
primary caregiver at any given time. The
department of health shall issue to the qualifying patient a registration
certificate, and is authorized to establish fees by administrative rules
and shall charge [
$35 per year.] a fee as determined by the department."
SECTION 3. Section 329-123.5, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:
"(e) Each qualifying out-of-state patient shall
pay a fee [
of $45] in an amount determined by the department for
each registration and renewal."
SECTION 4. There is appropriated out of the medical cannabis registry and regulation special fund, established pursuant to section 321-30.1, Hawaii Revised Statutes, the sum of $ or so much thereof as may be necessary for fiscal year 2021-2022 and the same sum or so much thereof as may be necessary for fiscal year 2022-2023 for staff and operations of the office of medical cannabis control and regulation, including the establishment of three permanent full-time equivalent (3.00 FTE) positions.
The sums appropriated shall be expended by the department of health for the purposes of this Act.
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underlined.
SECTION 6. This Act shall take effect upon its approval.
Department of Health; Office of Medical Cannabis Control and Regulation; Fees
Authorizes the Department of Health to set patient registration fees by administrative rulemaking, adds 3.0 FTE positions for staff and operations of the office of medical cannabis control and regulation, and changes means of finance for positions. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.