Hawaii 2023 Regular Session

Hawaii Senate Bill SB1570 Compare Versions

Only one version of the bill is available at this time.

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1	1	THE SENATE S.B. NO. 1570 THIRTY-SECOND LEGISLATURE, 2023 STATE OF HAWAII A BILL FOR AN ACT RELATING TO MEDICAL CANNABIS. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	THE SENATE S.B. NO. 1570
4	4	THIRTY-SECOND LEGISLATURE, 2023
5	5	STATE OF HAWAII
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7	7	THE SENATE
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9	9	S.B. NO.
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11	11	1570
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13	13	THIRTY-SECOND LEGISLATURE, 2023
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17	17	STATE OF HAWAII
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31	31	A BILL FOR AN ACT
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37	37	RELATING TO MEDICAL CANNABIS.
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43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47	47	SECTION 1. Section 329-41, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows: "(a) It is unlawful for any person: (1) Who is subject to part III to distribute, administer, prescribe, or dispense a controlled substance in violation of section 329-38 or rules authorized under section 329-31; however, a licensed manufacturer or wholesaler may sell or dispense a controlled substance to a master of a transpacific ship or a person in charge of a transpacific aircraft upon which no physician is regularly employed, for the actual medical needs of persons on board such ship or aircraft when not in port; provided schedule I or II controlled substances shall be sold to the master of such ship or person in charge of such aircraft only in accordance with the provisions set forth in 21 Code of Federal Regulations, sections 1301, 1305, and 1307, adopted pursuant to Title 21, United States Code, section 821; (2) Who is a registrant to manufacture a controlled substance not authorized by the registrant's registration or to distribute or dispense a controlled substance not authorized by the registrant's registration to another registrant or another authorized person; (3) To refuse or fail to make available, keep, or furnish any record, notification, order form, prescription, statement, invoice, or information in patient charts relating to the administration, dispensing, or prescribing of controlled substances; (4) To refuse any lawful entry into any premises for any inspection authorized by this chapter; (5) Knowingly to keep or maintain any store, shop, warehouse, dwelling, building, vehicle, boat, aircraft, or other structure or place for the purpose of using these substances or which is used for keeping or selling them in violation of this chapter or chapter 712, part IV; (6) Who is a practitioner or pharmacist to dispense a controlled substance to any individual not known to the practitioner or pharmacist, except under the following circumstances: (A) When dispensing a controlled substance directly to an individual, the practitioner or pharmacist shall first obtain and document, in a log book or an electronic database, the full name, identification number, identification type, and signature, whether by actual signature or by electronic signature capture device, of the individual obtaining the controlled substance. If the individual does not have any form of proper identification, the pharmacist shall verify the validity of the prescription and identity of the patient with the prescriber, or their authorized agent, before dispensing the controlled substance; and (B) For mail order prescriptions, the practitioner or pharmacist shall not be subject to subparagraph (A); provided that all other requirements of chapter 329 shall apply and that the practitioner or pharmacist, as part of the initial registration process of an individual in a mail order prescription drug plan and prior to the controlled substance being dispensed, shall obtain all identification information, including the full name, identification number, identification type, signature, and a photocopy of a form of proper identification of the individual obtaining the controlled substance. The practitioner or pharmacist shall also comply with other requirements set forth by rule. For the purpose of this section, "proper identification" means government-issued identification containing the photograph, printed name, identification number, and signature of the individual obtaining the controlled substance; (7) Who is a practitioner to predate or pre-sign prescriptions to facilitate the obtaining or attempted obtaining of controlled substances; [or] (8) Who is a practitioner to facilitate the issuance or distribution of a written prescription or to issue an oral prescription for a controlled substance when not physically in the State[.]; or (9) To cultivate, produce, manufacture, distribute or dispense medical cannabis if the person is not authorized pursuant to chapter 329, part IX, or chapter 329D." SECTION 2. Section 329-121, Hawaii Revised Statutes, is amended by amending the definition of "medical use" to read as follows: ""Medical use" means the acquisition, possession, cultivation, use, distribution, or transportation of cannabis or paraphernalia relating to the administration of cannabis to alleviate the symptoms or effects of a qualifying patient's debilitating medical condition; provided that "medical use" does not include the cultivation or distribution of cannabis or paraphernalia by a qualifying out-of-state patient or the caregiver of a qualifying out-of-state patient. For the purposes of "medical use", the term "distribution" is limited to the transfer of cannabis and paraphernalia[.] from the qualifying patient's authorized primary caregiver to the qualifying patient." SECTION 3. Section 329-122, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows: "(e) The authorization for the medical use of cannabis in this section shall not apply to: (1) The medical use of cannabis that endangers the health or well-being of another person; (2) The medical use of cannabis: (A) In a school bus, public bus, or any moving vehicle; (B) In the workplace of one's employment; (C) On any school grounds; (D) At any public park, public beach, public recreation center, recreation or youth center; or (E) At any other place open to the public; provided that a qualifying patient, primary caregiver, qualifying out-of-state patient, caregiver of a qualifying out-of-state patient, or an owner or employee of a medical cannabis dispensary licensed under chapter 329D shall not be prohibited from transporting cannabis or any manufactured cannabis product, as that term is defined in section 329D-1, in any public place; provided further that the cannabis or manufactured cannabis product shall be transported in a sealed container, not be visible to the public, and shall not be removed from its sealed container or consumed or used in any way while it is in the public place; [and] (3) The use of cannabis by a qualifying patient, parent, primary caregiver, qualifying out-of-state patient, or caregiver of a qualifying out-of-state patient, for purposes other than medical use permitted by this part[.]; and (4) A person's cultivation, handling, or possession of a qualifying patient's medical cannabis, unless the person is the qualifying patient or the qualifying patient's registered primary caregiver." SECTION 4. Section 329-123, Hawaii Revised Statutes, is amended as follows: 1. By amending subsection (a) to read: "(a) Physicians or advanced practice registered nurses who issue written certifications shall provide, in each written certification, the name, address, patient identification number, and other identifying information of the qualifying patient. The department of health shall require, in rules adopted pursuant to chapter 91, that all written certifications comply with a designated form completed by or on behalf of a qualifying patient. The form shall require information from the applicant, primary caregiver, and physician or advanced practice registered nurse as specifically required or permitted by this chapter. The form shall require the address of the location where the cannabis is grown and shall appear on the registry card issued by the department of health. No more than five qualifying patients may use any particular location to cultivate cannabis. The certifying physician or advanced practice registered nurse shall be required to have a bona fide physician-patient relationship or bona fide advanced practice registered nurse‑patient relationship, as applicable, with the qualifying patient. All current active medical cannabis permits shall be honored through their expiration date." 2. By amending subsection (c) to read: "(c) Primary caregivers shall register with the department of health. Every primary caregiver shall be responsible for the care of only one qualifying patient at any given time, unless the primary caregiver is the parent, guardian, or person having legal custody of more than one minor qualifying patient, in which case the primary caregiver may be responsible for the care of more than one minor qualifying patient at any given time; provided that the primary caregiver is the parent, guardian, or person having legal custody of all of the primary caregiver's qualifying patients. The department of health may permit registration of up to two primary caregivers for a minor qualifying patient; provided that both primary caregivers are the parent, guardian, or person having legal custody of the minor qualifying patient. A primary caregiver shall not use a qualifying patient's cannabis, nor shall the primary caregiver accept a qualifying patient's cannabis as compensation for the primary caregiver's services." SECTION 5. Section 329-125, Hawaii Revised Statutes, is amended to read as follows: "§329-125 Protections afforded to a qualifying patient, primary caregiver, qualifying out-of-state patient, or caregiver of a qualifying out-of-state patient. (a) A qualifying patient, primary caregiver, qualifying out-of-state patient, or caregiver of a qualifying out-of-state patient may assert the medical use of cannabis authorized under this part as an affirmative defense to any prosecution involving marijuana under this part, part IV, or part IV of chapter 712; provided that the qualifying patient, primary caregiver, qualifying out-of-state patient, or caregiver of a qualifying out-of-state patient strictly complied with the requirements of this part. (b) Any qualifying patient, primary caregiver, qualifying out-of-state patient, or caregiver of a qualifying out-of-state patient not complying with the permitted scope of the medical use of cannabis shall not be afforded the protections against searches and seizures pertaining to the misapplication of the medical use of cannabis. To the extent the department is authorized by this chapter, the department may conduct onsite inspections to verify a person's compliance with this chapter. (c) A person who is not a qualifying patient, primary caregiver, qualifying out-of-state patient, or caregiver of a qualifying out-of-state patient or medical cannabis dispensary under chapter 329D shall not: (1) Be afforded any protections against searches and seizures pertaining to the misapplication of the medical use of cannabis, other than the protections provided under constitutional law; (2) Cultivate, produce, manufacture, distribute or dispense cannabis; or (3) Receive compensation, cannabis or cannabis products, or engage in other related business transactions arising out of the production, manufacture, sale, or distribution of cannabis intended for medical use. [(c)] (d) No person shall be subject to arrest or prosecution for simply being in the presence or vicinity of the medical use of cannabis as permitted under this part. (e) No person shall mischaracterize or disguise transactions arising out of the production, manufacture, sale, or distribution of cannabis intended for medical use as another type of compensation or expense." SECTION 6. Section 329-129, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows: "(a) No qualifying patient, primary caregiver, qualifying out-of-state patient, or caregiver of a qualifying out-of-state patient shall use butane or any other flammable solvent to [extract tetrahydrocannabinol from] process cannabis plants[.] or manufacture cannabis products." SECTION 7. Section 328D-2, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows: "(b) Except as provided in subsection (a), bottled water, including mineral water, shall not exceed any maximum contaminant level (MCL) established by the EPA under the Safe Drinking Water Act or standards established by the department or other government agency or agencies having jurisdiction for any organic or inorganic chemical. No person shall produce, manufacture, or dispense cannabis or manufactured cannabis products without a dispensary license." SECTION 8. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. SECTION 9. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 10. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________
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49	49	SECTION 1. Section 329-41, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
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51	51	"(a) It is unlawful for any person:
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53	53	(1) Who is subject to part III to distribute, administer, prescribe, or dispense a controlled substance in violation of section 329-38 or rules authorized under section 329-31; however, a licensed manufacturer or wholesaler may sell or dispense a controlled substance to a master of a transpacific ship or a person in charge of a transpacific aircraft upon which no physician is regularly employed, for the actual medical needs of persons on board such ship or aircraft when not in port; provided schedule I or II controlled substances shall be sold to the master of such ship or person in charge of such aircraft only in accordance with the provisions set forth in 21 Code of Federal Regulations, sections 1301, 1305, and 1307, adopted pursuant to Title 21, United States Code, section 821;
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55	55	(2) Who is a registrant to manufacture a controlled substance not authorized by the registrant's registration or to distribute or dispense a controlled substance not authorized by the registrant's registration to another registrant or another authorized person;
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57	57	(3) To refuse or fail to make available, keep, or furnish any record, notification, order form, prescription, statement, invoice, or information in patient charts relating to the administration, dispensing, or prescribing of controlled substances;
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59	59	(4) To refuse any lawful entry into any premises for any inspection authorized by this chapter;
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61	61	(5) Knowingly to keep or maintain any store, shop, warehouse, dwelling, building, vehicle, boat, aircraft, or other structure or place for the purpose of using these substances or which is used for keeping or selling them in violation of this chapter or chapter 712, part IV;
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63	63	(6) Who is a practitioner or pharmacist to dispense a controlled substance to any individual not known to the practitioner or pharmacist, except under the following circumstances:
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65	65	(A) When dispensing a controlled substance directly to an individual, the practitioner or pharmacist shall first obtain and document, in a log book or an electronic database, the full name, identification number, identification type, and signature, whether by actual signature or by electronic signature capture device, of the individual obtaining the controlled substance. If the individual does not have any form of proper identification, the pharmacist shall verify the validity of the prescription and identity of the patient with the prescriber, or their authorized agent, before dispensing the controlled substance; and
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67	67	(B) For mail order prescriptions, the practitioner or pharmacist shall not be subject to subparagraph (A); provided that all other requirements of chapter 329 shall apply and that the practitioner or pharmacist, as part of the initial registration process of an individual in a mail order prescription drug plan and prior to the controlled substance being dispensed, shall obtain all identification information, including the full name, identification number, identification type, signature, and a photocopy of a form of proper identification of the individual obtaining the controlled substance. The practitioner or pharmacist shall also comply with other requirements set forth by rule.
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69	69	For the purpose of this section, "proper identification" means government-issued identification containing the photograph, printed name, identification number, and signature of the individual obtaining the controlled substance;
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71	71	(7) Who is a practitioner to predate or pre-sign prescriptions to facilitate the obtaining or attempted obtaining of controlled substances; [or]
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73	73	(8) Who is a practitioner to facilitate the issuance or distribution of a written prescription or to issue an oral prescription for a controlled substance when not physically in the State[.]; or
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75	75	(9) To cultivate, produce, manufacture, distribute or dispense medical cannabis if the person is not authorized pursuant to chapter 329, part IX, or chapter 329D."
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77	77	SECTION 2. Section 329-121, Hawaii Revised Statutes, is amended by amending the definition of "medical use" to read as follows:
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79	79	""Medical use" means the acquisition, possession, cultivation, use, distribution, or transportation of cannabis or paraphernalia relating to the administration of cannabis to alleviate the symptoms or effects of a qualifying patient's debilitating medical condition; provided that "medical use" does not include the cultivation or distribution of cannabis or paraphernalia by a qualifying out-of-state patient or the caregiver of a qualifying out-of-state patient. For the purposes of "medical use", the term "distribution" is limited to the transfer of cannabis and paraphernalia[.] from the qualifying patient's authorized primary caregiver to the qualifying patient."
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81	81	SECTION 3. Section 329-122, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:
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83	83	"(e) The authorization for the medical use of cannabis in this section shall not apply to:
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85	85	(1) The medical use of cannabis that endangers the health or well-being of another person;
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87	87	(2) The medical use of cannabis:
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89	89	(A) In a school bus, public bus, or any moving vehicle;
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91	91	(B) In the workplace of one's employment;
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93	93	(C) On any school grounds;
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95	95	(D) At any public park, public beach, public recreation center, recreation or youth center; or
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97	97	(E) At any other place open to the public; provided that a qualifying patient, primary caregiver, qualifying out-of-state patient, caregiver of a qualifying out-of-state patient, or an owner or employee of a medical cannabis dispensary licensed under chapter 329D shall not be prohibited from transporting cannabis or any manufactured cannabis product, as that term is defined in section 329D-1, in any public place; provided further that the cannabis or manufactured cannabis product shall be transported in a sealed container, not be visible to the public, and shall not be removed from its sealed container or consumed or used in any way while it is in the public place; [and]
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99	99	(3) The use of cannabis by a qualifying patient, parent, primary caregiver, qualifying out-of-state patient, or caregiver of a qualifying out-of-state patient, for purposes other than medical use permitted by this part[.]; and
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101	101	(4) A person's cultivation, handling, or possession of a qualifying patient's medical cannabis, unless the person is the qualifying patient or the qualifying patient's registered primary caregiver."
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103	103	SECTION 4. Section 329-123, Hawaii Revised Statutes, is amended as follows:
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105	105	1. By amending subsection (a) to read:
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107	107	"(a) Physicians or advanced practice registered nurses who issue written certifications shall provide, in each written certification, the name, address, patient identification number, and other identifying information of the qualifying patient. The department of health shall require, in rules adopted pursuant to chapter 91, that all written certifications comply with a designated form completed by or on behalf of a qualifying patient. The form shall require information from the applicant, primary caregiver, and physician or advanced practice registered nurse as specifically required or permitted by this chapter. The form shall require the address of the location where the cannabis is grown and shall appear on the registry card issued by the department of health. No more than five qualifying patients may use any particular location to cultivate cannabis. The certifying physician or advanced practice registered nurse shall be required to have a bona fide physician-patient relationship or bona fide advanced practice registered nurse‑patient relationship, as applicable, with the qualifying patient. All current active medical cannabis permits shall be honored through their expiration date."
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109	109	2. By amending subsection (c) to read:
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111	111	"(c) Primary caregivers shall register with the department of health. Every primary caregiver shall be responsible for the care of only one qualifying patient at any given time, unless the primary caregiver is the parent, guardian, or person having legal custody of more than one minor qualifying patient, in which case the primary caregiver may be responsible for the care of more than one minor qualifying patient at any given time; provided that the primary caregiver is the parent, guardian, or person having legal custody of all of the primary caregiver's qualifying patients. The department of health may permit registration of up to two primary caregivers for a minor qualifying patient; provided that both primary caregivers are the parent, guardian, or person having legal custody of the minor qualifying patient. A primary caregiver shall not use a qualifying patient's cannabis, nor shall the primary caregiver accept a qualifying patient's cannabis as compensation for the primary caregiver's services."
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113	113	SECTION 5. Section 329-125, Hawaii Revised Statutes, is amended to read as follows:
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115	115	"§329-125 Protections afforded to a qualifying patient, primary caregiver, qualifying out-of-state patient, or caregiver of a qualifying out-of-state patient. (a) A qualifying patient, primary caregiver, qualifying out-of-state patient, or caregiver of a qualifying out-of-state patient may assert the medical use of cannabis authorized under this part as an affirmative defense to any prosecution involving marijuana under this part, part IV, or part IV of chapter 712; provided that the qualifying patient, primary caregiver, qualifying out-of-state patient, or caregiver of a qualifying out-of-state patient strictly complied with the requirements of this part.
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117	117	(b) Any qualifying patient, primary caregiver, qualifying out-of-state patient, or caregiver of a qualifying out-of-state patient not complying with the permitted scope of the medical use of cannabis shall not be afforded the protections against searches and seizures pertaining to the misapplication of the medical use of cannabis. To the extent the department is authorized by this chapter, the department may conduct onsite inspections to verify a person's compliance with this chapter.
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119	119	(c) A person who is not a qualifying patient, primary caregiver, qualifying out-of-state patient, or caregiver of a qualifying out-of-state patient or medical cannabis dispensary under chapter 329D shall not:
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121	121	(1) Be afforded any protections against searches and seizures pertaining to the misapplication of the medical use of cannabis, other than the protections provided under constitutional law;
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123	123	(2) Cultivate, produce, manufacture, distribute or dispense cannabis; or
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125	125	(3) Receive compensation, cannabis or cannabis products, or engage in other related business transactions arising out of the production, manufacture, sale, or distribution of cannabis intended for medical use.
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127	127	[(c)] (d) No person shall be subject to arrest or prosecution for simply being in the presence or vicinity of the medical use of cannabis as permitted under this part.
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129	129	(e) No person shall mischaracterize or disguise transactions arising out of the production, manufacture, sale, or distribution of cannabis intended for medical use as another type of compensation or expense."
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131	131	SECTION 6. Section 329-129, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
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133	133	"(a) No qualifying patient, primary caregiver, qualifying out-of-state patient, or caregiver of a qualifying out-of-state patient shall use butane or any other flammable solvent to [extract tetrahydrocannabinol from] process cannabis plants[.] or manufacture cannabis products."
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135	135	SECTION 7. Section 328D-2, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
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137	137	"(b) Except as provided in subsection (a), bottled water, including mineral water, shall not exceed any maximum contaminant level (MCL) established by the EPA under the Safe Drinking Water Act or standards established by the department or other government agency or agencies having jurisdiction for any organic or inorganic chemical. No person shall produce, manufacture, or dispense cannabis or manufactured cannabis products without a dispensary license."
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139	139	SECTION 8. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
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141	141	SECTION 9. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
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143	143	SECTION 10. This Act shall take effect upon its approval.
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147	147	INTRODUCED BY: _____________________________
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149	149	INTRODUCED BY:
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157	157	Report Title: Cannabis; Medical Use; Patients; Caregivers; Cultivation Description: Amends various statutory provisions for the purpose of strengthening the integrity of medical cannabis law. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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163	163	Report Title:
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165	165	Cannabis; Medical Use; Patients; Caregivers; Cultivation
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169	169	Description:
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171	171	Amends various statutory provisions for the purpose of strengthening the integrity of medical cannabis law.
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179	179	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.