| 47 | | - | SECTION 1. The legislature finds that the purpose of the medical cannabis dispensary system law is to ensure that qualified patients have safe, timely, and adequate access to medical cannabis. The legislature further finds that the coronavirus disease 2019 (COVID-19) pandemic has severely impacted the way in which qualifying patients can safely access the facilities that provide medical cannabis. Many qualifying patients suffer from debilitating conditions that make them especially vulnerable to exposure, and seek alternative ways to physically access facilities and minimize exposure. The purpose of this Act is to authorize the department of health to approve under certain conditions in-vehicle receipt of medical cannabis and manufactured cannabis products on or near the premises of dispensaries. SECTION 2. Section 329D-6, Hawaii Revised Statutes, is amended by amending subsection (n) to read as follows: "(n) A dispensary shall [be prohibited from] not make an off-premises delivery of cannabis or manufactured cannabis products to a qualifying patient, primary caregiver, qualifying out-of-state patient, or caregiver of a qualifying out-of-state patient[.], unless authorized by the department and: (1) The dispensary receives a pickup order by telephone or electronic means from the qualifying patient, primary caregiver, qualifying out-of-state patient, or caregiver of the qualifying out-of-state patient; (2) The qualifying patient, primary caregiver, qualifying out-of-state patient, or caregiver of the qualifying out-of-state patient arrives in a vehicle, provides the license number for the vehicle, and notifies the dispensary upon arrival at the dispensary in a designated area for pickup; (3) The area designated for pickup: (A) Is no further than one hundred feet from the main entry of a secured retail location; (B) Complies with section 329D-6(f) and 329D-7(6); (C) Is monitored by a video recording system that: (i) Is under the control of the dispensary; and (ii) Regularly records and stores video of pickup transactions, including vehicles, vehicle license plates, and persons receiving the medical cannabis or manufactured cannabis product; (4) Before providing the medical cannabis or manufactured cannabis product, the dispensary confirms the identity of the qualifying patient, primary caregiver, qualifying out-of-state patient, or caregiver of the qualifying out-of-state patient by: (A) Verifying that the license plate number of the vehicle matches the number stated by the qualifying patient, primary caregiver, qualifying out-of-state patient, or caregiver of the qualifying out-of-state patient at the time the order was placed; (B) Reviewing valid photographic identification in the form of a state identification card, driver's license, or passport; (C) Requiring the person attempting to receive the order to sign an acknowledgment of receipt; and (D) Comparing the signature provided pursuant to subparagraph (C) with the signature on the photographic identification described in subparagraph (B) or another reliable signature sample; and (5) The amount of medical cannabis or manufactured cannabis products received do not exceed the limitations established by the department." SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 5. This Act shall take effect on July 1, 2060. |
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| 47 | + | SECTION 1. The legislature finds that the purpose of the medical cannabis dispensary system law is to ensure that qualified patients have safe, timely, and adequate access to medical cannabis. The legislature further finds that the coronavirus disease 2019 (COVID-19) pandemic has severely impacted the way in which qualified patients can safely access the facilities that provide medical cannabis. Many qualified patients suffer from debilitating conditions that make them especially vulnerable to exposure, and seek alternative ways to physically access facilities and minimize exposure. The purpose of this Act is to authorize the department of health to approve under certain conditions in-vehicle receipt of medical cannabis and medical cannabis products on or near the premises of dispensaries. SECTION 2. Section 329D-6, Hawaii Revised Statutes, is amended by amending subsection (n) to read as follows: "(n) A dispensary shall [be prohibited from] not make an off-premises delivery of cannabis or manufactured cannabis products to a qualifying patient, primary caregiver, qualifying out-of-state patient, or caregiver of a qualifying out-of-state patient[.], unless authorized by the department and: (1) The dispensary receives a pickup order by telephone or electronic means from the qualifying patient, primary caregiver, qualifying out-of-state patient, or caregiver of the qualifying out-of-state patient; (2) The qualifying patient, primary caregiver, qualifying out-of-state patient, or caregiver of the qualifying out-of-state patient arrives in a vehicle, provides the license number for the vehicle, and notifies the dispensary upon arrival at the dispensary in a designated area for pickup; (3) The area designated for pickup: (A) Is no further than one hundred feet from the main entry of a secured retail location; (B) Complies with section 329D-6(f) and paragraph (6) of section 329D-7; (C) Is monitored by a video recording system that: (i) Is under the control of the dispensary; and (ii) Regularly records and stores video of pickup transactions, including vehicles, vehicle license plates, and persons receiving the medical cannabis or medical cannabis product; (4) Before providing the medical cannabis or medical cannabis product, the dispensary confirms the identity of the qualifying patient, primary caregiver, qualifying out-of-state patient, or caregiver of the qualifying out-of-state patient by: (A) Verifying that the license plate number of the vehicle matches the number stated by the qualifying patient, primary caregiver, qualifying out-of-state patient, or caregiver of the qualifying out-of-state patient at the time the order was placed; (B) Reviewing valid photographic identification in the form of a state identification card, driver's license, or passport; (C) Requiring the person attempting to receive the order to sign an acknowledgment of receipt; and (D) Comparing the signature provided pursuant to subparagraph (C) with the signature on the photographic identification described in subparagraph (B) or another reliable signature sample; and (5) The amount of medical cannabis or manufactured cannabis products received do not exceed the limitations established by the department." SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 5. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________ |
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