| 47 | | - | SECTION 1. The legislature finds that existing state law recognizes the beneficial use of cannabis in treating certain debilitating medical conditions, their symptoms, and certain side effects of treatment of these conditions, including severe pain, nausea, muscle spasms, and seizures. Act 241, Session Laws of Hawaii 2015 (Act 241), provided patient access to medical cannabis beyond the access that existed before the creation of a dispensary system authorized by Act 241. However, the intent of the legislature as expressed in Act 241 was, and continues to be, to expand qualifying patient's access to cannabis rather than to replace existing legal access routes. According to the rapid survey of Hawaii medical cannabis patients and providers conducted by the department of health in 2022, fifty-five per cent of patients indicated that they obtained their cannabis exclusively from a licensed medical cannabis dispensary, meaning, up to forty-five per cent of patients obtain their cannabis for medical use from other sources, including home cultivation. Part of the justification for establishing the medical cannabis dispensary system was that some patients may not be able to grow their own supply of medical cannabis due to limitations such as disability or lack of space. These patients should continue to have multiple options for obtaining medical cannabis, including having a primary caregiver grow an adequate supply of cannabis for medical use on their behalf. Accordingly, the purpose of this Act is to repeal the sunset date of the authorization for primary caregivers to cultivate medical cannabis for qualifying patients and clarify that primary caregivers may continue to cultivate medical cannabis for qualifying patients subject to certain restrictions. SECTION 2. Section 329-130, Hawaii Revised Statutes, is amended to read as follows: "§329-130 Authorized sources of medical cannabis. (a) [After December 31, 2024, a] A qualifying patient shall obtain medical cannabis or manufactured cannabis products only: (1) From a dispensary licensed pursuant to chapter 329D; provided that the cannabis shall be purchased and paid for at the time of purchase; [or] (2) By cultivating cannabis in an amount that does not exceed an adequate supply for the qualifying patient, pursuant to section 329-122; provided that each location used to cultivate cannabis shall be used by [no] not more than five qualifying patients[.]; provided further that patient grow sites with more than five patients shall be authorized on land zoned for agricultural use; provided further that the department shall adopt rules pursuant to chapter 91 to conduct routine voluntary grow site inspections without law enforcement; or (3) From the qualifying patient's primary caregiver authorized to cultivate cannabis; provided that the amount of cannabis cultivated shall not exceed an adequate supply for the qualifying patient pursuant to section 329-122; provided further that each location used to cultivate cannabis shall be used to cultivate cannabis for not more than five qualifying patients. [After December 31, 2024, no primary caregiver shall be authorized to cultivate cannabis for any qualifying patient. (b) This section shall not apply to: (1) A qualifying patient who is a minor or an adult lacking legal capacity and the primary caregiver is the parent, guardian, or person having legal custody of a qualifying patient described in this paragraph; or (2) A qualifying patient on any island on which there is no medical cannabis dispensary licensed pursuant to chapter 329D. (c)] (b) A qualifying out-of-state patient and a caregiver of a qualifying out-of-state patient shall be authorized to obtain cannabis for medical use only from retail dispensing locations of dispensaries licensed pursuant to chapter 329D." SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 4. This Act shall take effect upon its approval. |
|---|
| 47 | + | SECTION 1. Current State law recognizes the beneficial use of cannabis in treating certain debilitating medical conditions, their symptoms, and certain side effects of treatment of these conditions, including severe pain, nausea, muscle spasms, and seizures. Act 241, Session Laws of Hawaii 2015, provided patient access to medical cannabis beyond the access that existed prior to the creation of dispensary system authorized by the Act. However, the intent of the legislature as expressed in that Act was, and continues to be, to expand qualifying patient's access to cannabis rather than to replace existing legal access routes. According to the rapid survey of Hawaii medical cannabis patients and providers conducted by the department of health in 2022, fifty-five per cent of patients indicated that they obtained their cannabis exclusively from a licensed medical cannabis dispensary, this means that up to forty-five per cent of patients obtain their cannabis for medical use from other sources, including home cultivation. Part of the justification for establishing the medical cannabis dispensary system was that some patients may not be able to grow their own supply of medical cannabis due to limitations such as disability or lack of space. These patients should continue to have multiple options for obtaining medical cannabis, including having a primary caregiver grow an adequate supply of cannabis for medical use on their behalf. Accordingly, the purpose of this Act is to repeal the sunset date of the authorization for primary caregivers to cultivate medical cannabis for qualifying patients and clarify that primary caregivers may continue to cultivate medical cannabis for qualifying patients subject to certain restrictions. SECTION 2. Section 329-130, Hawaii Revised Statutes, is amended to read as follows: "§329-130 Authorized sources of medical cannabis. (a) [After December 31, 2024, a] A qualifying patient shall obtain medical cannabis or manufactured cannabis products only: (1) From a dispensary licensed pursuant to chapter 329D; provided that the cannabis shall be purchased and paid for at the time of purchase; [or] (2) By cultivating cannabis in an amount that does not exceed an adequate supply for the qualifying patient, pursuant to section 329-122; provided that each location used to cultivate cannabis shall be used by no more than five qualifying patients[.]; or (3) By the qualifying patient's primary caregiver cultivating cannabis in an amount that does not exceed an adequate supply for the qualifying patient pursuant to section 329-122; provided that each location used to cultivate cannabis shall be used to cultivate cannabis for no more than five qualifying patients. [After December 31, 2024, no primary caregiver shall be authorized to cultivate cannabis for any qualifying patient. (b) This section shall not apply to: (1) A qualifying patient who is a minor or an adult lacking legal capacity and the primary caregiver is the parent, guardian, or person having legal custody of a qualifying patient described in this paragraph; or (2) A qualifying patient on any island on which there is no medical cannabis dispensary licensed pursuant to chapter 329D. (c)] (b) A qualifying out-of-state patient and a caregiver of a qualifying out-of-state patient shall be authorized to obtain cannabis for medical use only from retail dispensing locations of dispensaries licensed pursuant to chapter 329D." SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 4. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________ BY REQUEST |
|---|