Medical Marijuana; Distribution System
Creates marijuana distribution stamp system for medical marijuana in Hawaii. Requires a certified facilitator to purchase stamps, at no more than 50 cents per gram of marijuana, for a qualifying patient. Allows a secure growing facility to grow marijuana for no more than 14 qualifying patients. Sets standards for a secure growing facility. (HB1191 HD1)
HOUSE OF REPRESENTATIVES
TWENTY-FIFTH LEGISLATURE, 2009
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO MEDICAL MARIJUANA.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. In 2000, the legislature found that modern medical research had discovered a beneficial use for marijuana in treating or alleviating the pain or other symptoms associated with certain debilitating illnesses. However, to protect the health and welfare of individuals, the legislature also recognized the need to regulate enforcement of that use. As a result, regulation of the medical use of marijuana was enacted into law in 2000 in Act 228, Session Laws of Hawaii 2000, and codified in chapter 329, part IX, Hawaii Revised Statutes.
In response to the adoption of House Concurrent Resolution Number 152, H.D. 2, 2004, the Legislative Reference Bureau released Report No. 4, 2004 entitled "In Search of a Viable Distribution System for Hawaii's Medical Marijuana Program." The report states:
"Hawaii's law, as written, does not allow a distribution system that can be realistically complied with by everyone. On the other hand, a practical distribution system would preclude many the ambiguities now facing local and state agencies in distinguishing between legal and illegal marijuana use."
The purpose of this Act is to:
(1) Institute a viable intrastate cooperative cultivation and distribution system for Hawaii's medical marijuana program;
(2) Authorize patients and their primary caregivers who have received written certification to use registered secure growing facilities, and their certified facilitators, to grow an uninterrupted allotment of marijuana for medical use;
(3) Provide transparency to local law enforcement officers; and
(4) Provide protection for qualifying patients and their medication.
SECTION 2. 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; secure growing facility; certified facilitators; marijuana distribution stamp; department to establish program; rules. (a) An individual owner or an individual in control of agriculturally-zoned land may develop a secure growing facility to provide a secure space for the cultivation of medical marijuana and may charge and receive rent from a certified facilitator for the lease of the secure growing facility. A secure growing facility shall accommodate the cultivation of a supply of medical marijuana for not more than fourteen qualifying patients and shall include a total of not more than ninety-eight marijuana plants. A secure growing facility shall be equipped with:
(1) Security technology that is capable of relaying live video and still images to local police stations for observation and recording, and motion detectors;
(2) Security animals on patrol; and
(3) Two fences for a total fenced area not less than seventy-five feet by one hundred fifty feet.
(b) A qualifying patient shall be eligible to lease a plot within a secure growing facility for the cultivation of an adequate supply of marijuana for the qualifying patient's personal medical use.
(c) Each secure growing facility may have one or more certified facilitators. A certified facilitator shall assist qualifying patients who lease plots in a secure growing facility to determine the strains of medical marijuana needed and design a growing system to establish a stock of healthy plants to ensure the production of an adequate supply of usable medical marijuana to meet the qualifying patient's medical needs. A certified facilitator may hold an amount of processed marijuana in a temporary surplus inventory that shall not exceed the statutory limit of marijuana permitted to a certified facilitator's registered qualifying patients. A certified facilitator shall be responsible for:
(1) All processing, including packaging, of marijuana for medical use to be distributed to a qualifying patient;
(2) Purchasing the permitted amount of marijuana tax stamps from the department of public safety on behalf of a qualifying patient; and
(3) Keeping accurate records with regard to the amount of marijuana distributed to a qualifying patient through the purchase of marijuana distribution stamps.
(d) A certified facilitator may charge a service fee. In addition to the service fee, a qualifying patient or the patient's primary caregiver shall pay the certified facilitator the necessary amounts to purchase marijuana distribution stamps based on the amount of processed marijuana for medical use for distribution from the certified facilitator to the qualifying patient or primary caregiver.
(e) The department of public safety shall establish a program to register secure growing facilities, certify facilitators, and permit a qualifying patient to access marijuana for medical use from the patient's certified facilitator. The program shall use a marijuana distribution stamp system to monitor the distribution of processed marijuana to qualifying patients or primary caregivers to ensure receipt of an adequate amount of medical marijuana to meet qualifying patients' medical needs. The marijuana distribution stamp shall not exceed 50 cents per gram of marijuana for medical use for distribution to a qualifying patient. Amounts received from the purchase of marijuana distribution stamps shall be retained by the department of public safety in a marijuana distribution stamp account for the administration of the medical marijuana program.
(f) The director of public safety shall adopt rules in accordance with chapter 91 to carry out the purposes of this section."
SECTION 3. Section 329-121, Hawaii Revised Statutes, is amended as follows:
1. By adding six new definitions to be appropriately inserted and to read:
""Acquisition" means the obtaining of processed marijuana and seeds or marijuana plants to grow for medical use by a qualifying patient or registered primary caregiver from a certified facilitator.
"Certified facilitator" or "facilitator" means a person or an organization who assists qualified patients or primary caregivers in maintaining an adequate supply of medical marijuana for medical use, and is knowledgeable about the propagation, growth, harvesting, and preparation of the various strains of marijuana for medical use by a qualifying patient.
"Distribution" means, for purposes of medical use, the transfer of marijuana from a certified facilitator to a qualifying patient or the patient's primary caregiver who leases a plot in a secure growing facility and the transfer of marijuana and paraphernalia from a primary caregiver to a qualifying patient. Transfer of marijuana that is sold under any circumstances shall not be deemed a distribution under this part. Distribution may only occur under the marijuana distribution stamp system regulated by the department of public safety.
"Plot" means a section of planting ground in a secure growing facility located on agriculturally-zoned land that is large enough to cultivate not more than an adequate supply of marijuana plants and is allocated for the growth of medical marijuana for a qualifying patient.
"Secure growing facility" or "facility" means an agricultural growing space provided by an individual owner or an individual in control of agriculturally-zoned land for the purpose of propagation, growth, and harvesting of marijuana for medical purposes.
"Temporary surplus inventory" means a certified facilitator's supply of marijuana plants cultivated in a registered secure growing facility and processed marijuana for a qualifying patient for which a marijuana distribution stamp has not yet been purchased and which has not yet been distributed. The number of plants in the temporary surplus inventory is included in the ninety-eight plant limit pursuant to this part."
2. By amending the definitions of "adequate supply," "medical use," "primary caregiver," and "qualifying patient" 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 of usable marijuana per each mature plant.
"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.]
"Primary caregiver" means a person,
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[
.] and is permitted to acquire,
possess, cultivate, distribute, or transport marijuana or paraphernalia
relating to the administration of marijuana for the qualifying patient's
medical use. 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.
"Qualifying patient" or "patient" means a person who has been diagnosed by a physician as having a debilitating medical condition."
SECTION 4. Section 329-123, Hawaii Revised Statutes, is amended to read as follows:
Registration requirements. (a) Physicians who issue written
certifications shall register the names, addresses, patient identification
numbers, and other identifying information of the patients issued written
certifications with the department of public safety.
(b) Qualifying patients shall register with
the department of public safety. [
Such] The registration shall
be effective until the expiration of the certificate issued by the physician.
Every qualifying patient shall provide sufficient identifying information to
establish personal identity of the qualifying patient and the primary
caregiver. Qualifying patients shall report changes in information within five
working days. Every qualifying patient shall have only one primary caregiver
at any given time. The department shall then issue to the qualifying patient a
registration certificate, and may charge a reasonable fee not to exceed $25.
(c) Primary caregivers shall register with the department of public safety. Every primary caregiver shall be responsible for the care of only one qualifying patient at any given time.
(d) An individual owner or an individual in control of agriculturally-zoned land shall register any secure growing facility upon that land with the department of public safety.
(e) To become a certified facilitator, a person shall apply for certification from the department of public safety and, if approved by the department to act as a facilitator, shall be certified by the department.
(d)] (f) Upon an inquiry by a
law enforcement agency, the department of public safety shall verify whether
the particular qualifying patient, primary caregiver, or certified
facilitator has registered with the department and may provide reasonable
access to the registry information for official law enforcement purposes."
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, 2020.