| 47 | | - | SECTION 1. Section 329-33, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows: "(a) The department [of law enforcement] shall register an applicant to manufacture, dispense, prescribe, distribute, or conduct reverse distribution with controlled substances included in sections 329-14, 329-16, 329-18, 329-20, and 329-22 unless [it] the department determines that the issuance of that registration would be inconsistent with the public interest. In determining the public interest, the department [of law enforcement] shall consider the following factors: (1) Maintenance of effective controls against diversion of controlled substances into other than legitimate medical, scientific, or industrial channels; (2) Compliance with applicable state and local [law;] laws; (3) Any convictions of the applicant under any federal and state laws relating to any controlled substance; (4) Past experience in the manufacture or distribution of controlled substances, and the existence in the applicant's establishment of effective controls against diversion; (5) Furnishing by the applicant of false or fraudulent material in any application filed under this chapter; (6) Suspension, revocation, or surrender of the applicant's federal registration to manufacture, distribute, prescribe, or dispense controlled substances as authorized by federal law; and (7) Any other factor relevant to and consistent with the public health and safety[.], including but not limited to the prevention of activities within the applicant's premises and adjacent areas that are potentially injurious to the health, safety, and welfare of the public and neighborhood." SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 3. This Act shall take effect on July 1, 3000. |
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| 47 | + | SECTION 1. Section 329-33, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows: "(a) The department [of law enforcement] shall register an applicant to manufacture, dispense, prescribe, distribute, or conduct reverse distribution with controlled substances included in sections 329-14, 329-16, 329-18, 329-20, and 329-22 unless [it] the department determines that the issuance of that registration would be inconsistent with the public interest. In determining the public interest, the department [of law enforcement] shall consider the following factors: (1) Maintenance of effective controls against diversion of controlled substances into other than legitimate medical, scientific, or industrial channels; (2) Compliance with applicable state and local [law;] laws; (3) Any convictions of the applicant under any federal and state laws relating to any controlled substance; (4) Past experience in the manufacture or distribution of controlled substances, and the existence in the applicant's establishment of effective controls against diversion; (5) Furnishing by the applicant of false or fraudulent material in any application filed under this chapter; (6) Suspension, revocation, or surrender of the applicant's federal registration to manufacture, distribute, prescribe, or dispense controlled substances as authorized by federal law; and (7) Any other factor relevant to and consistent with the public health and safety[.], including but not limited to the prevention of activities within the applicant's premises and adjacent areas that are potentially injurious to the health, safety, and welfare of the public and neighborhood." SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 3. This Act shall take effect on July 1, 2024. INTRODUCED BY: _____________________________ |
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| 48 | 48 | | |
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| 49 | 49 | | SECTION 1. Section 329-33, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows: |
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| 50 | 50 | | |
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| 51 | 51 | | "(a) The department [of law enforcement] shall register an applicant to manufacture, dispense, prescribe, distribute, or conduct reverse distribution with controlled substances included in sections 329-14, 329-16, 329-18, 329-20, and 329-22 unless [it] the department determines that the issuance of that registration would be inconsistent with the public interest. In determining the public interest, the department [of law enforcement] shall consider the following factors: |
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| 52 | 52 | | |
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| 53 | 53 | | (1) Maintenance of effective controls against diversion of controlled substances into other than legitimate medical, scientific, or industrial channels; |
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| 54 | 54 | | |
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| 55 | 55 | | (2) Compliance with applicable state and local [law;] laws; |
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| 56 | 56 | | |
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| 57 | 57 | | (3) Any convictions of the applicant under any federal and state laws relating to any controlled substance; |
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| 58 | 58 | | |
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| 59 | 59 | | (4) Past experience in the manufacture or distribution of controlled substances, and the existence in the applicant's establishment of effective controls against diversion; |
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| 60 | 60 | | |
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| 61 | 61 | | (5) Furnishing by the applicant of false or fraudulent material in any application filed under this chapter; |
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| 62 | 62 | | |
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| 63 | 63 | | (6) Suspension, revocation, or surrender of the applicant's federal registration to manufacture, distribute, prescribe, or dispense controlled substances as authorized by federal law; and |
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| 64 | 64 | | |
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| 65 | 65 | | (7) Any other factor relevant to and consistent with the public health and safety[.], including but not limited to the prevention of activities within the applicant's premises and adjacent areas that are potentially injurious to the health, safety, and welfare of the public and neighborhood." |
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| 66 | 66 | | |
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| 67 | 67 | | SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. |
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| 68 | 68 | | |
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