Hawaii 2025 Regular Session

Hawaii House Bill HB71 Compare Versions

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

Old	New	Differences
1	1	HOUSE OF REPRESENTATIVES H.B. NO. 71 THIRTY-THIRD LEGISLATURE, 2025 STATE OF HAWAII A BILL FOR AN ACT relating to cannabis. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
2	2
3	3	HOUSE OF REPRESENTATIVES H.B. NO. 71
4	4	THIRTY-THIRD LEGISLATURE, 2025
5	5	STATE OF HAWAII
6	6
7	7	HOUSE OF REPRESENTATIVES
8	8
9	9	H.B. NO.
10	10
11	11	71
12	12
13	13	THIRTY-THIRD LEGISLATURE, 2025
14	14
15	15
16	16
17	17	STATE OF HAWAII
18	18
19	19
20	20
21	21
22	22
23	23
24	24
25	25
26	26
27	27
28	28
29	29
30	30
31	31	A BILL FOR AN ACT
32	32
33	33
34	34
35	35
36	36
37	37	relating to cannabis.
38	38
39	39
40	40
41	41
42	42
43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
44	44
45	45
46	46
47	47	SECTION 1. Chapter 328J, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows: "§328J- Cannabis; prohibitions. Smoking of cannabis shall be prohibited in any area accessible by the public, including but not limited to: (1) On any school grounds; (2) At any public park, public beach, public recreation center, recreation or youth center; (3) In or on any land, facility, building, or vehicle owned, controlled, or operated by the State or any county; (4) In or on any federal fort or arsenal, national park or forest, any other federal enclave, or any other property owned, controlled, or operated by the federal government; or (5) Any other place where smoking is prohibited by this chapter." SECTION 2. Section 328J-1, Hawaii Revised Statutes, is amended as follows: 1. By adding a new definition to be appropriately inserted and to read: ""Cannabis" shall have the same meaning as in section 329-121." 2. By amending the definition of "smoke" or "smoking" to read: ""Smoke" or "smoking" means inhaling, exhaling, burning, or carrying any lighted or heated tobacco product, cannabis, or plant product intended for inhalation in any manner or in any form. "Smoking" includes the use of an electronic smoking device." 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) Smoking cannabis in public, including through the use of an electronic smoking device, as prohibited by section 328J- ." 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, 2025. INTRODUCED BY: _____________________________
48	48
49	49	SECTION 1. Chapter 328J, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
50	50
51	51	"§328J- Cannabis; prohibitions. Smoking of cannabis shall be prohibited in any area accessible by the public, including but not limited to:
52	52
53	53	(1) On any school grounds;
54	54
55	55	(2) At any public park, public beach, public recreation center, recreation or youth center;
56	56
57	57	(3) In or on any land, facility, building, or vehicle owned, controlled, or operated by the State or any county;
58	58
59	59	(4) In or on any federal fort or arsenal, national park or forest, any other federal enclave, or any other property owned, controlled, or operated by the federal government; or
60	60
61	61	(5) Any other place where smoking is prohibited by this chapter."
62	62
63	63	SECTION 2. Section 328J-1, Hawaii Revised Statutes, is amended as follows:
64	64
65	65	1. By adding a new definition to be appropriately inserted and to read:
66	66
67	67	""Cannabis" shall have the same meaning as in section 329-121."
68	68
69	69	2. By amending the definition of "smoke" or "smoking" to read:
70	70
71	71	""Smoke" or "smoking" means inhaling, exhaling, burning, or carrying any lighted or heated tobacco product, cannabis, or plant product intended for inhalation in any manner or in any form. "Smoking" includes the use of an electronic smoking device."
72	72
73	73	SECTION 3. Section 329-122, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:
74	74
75	75	"(e) The authorization for the medical use of cannabis in this section shall not apply to:
76	76
77	77	(1) The medical use of cannabis that endangers the health or well-being of another person;
78	78
79	79	(2) The medical use of cannabis:
80	80
81	81	(A) In a school bus, public bus, or any moving vehicle;
82	82
83	83	(B) In the workplace of one's employment;
84	84
85	85	(C) On any school grounds;
86	86
87	87	(D) At any public park, public beach, public recreation center, recreation or youth center; or
88	88
89	89	(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]
90	90
91	91	(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
92	92
93	93	(4) Smoking cannabis in public, including through the use of an electronic smoking device, as prohibited by section 328J- ."
94	94
95	95	SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
96	96
97	97	SECTION 5. This Act shall take effect on July 1, 2025.
98	98
99	99
100	100
101	101	INTRODUCED BY: _____________________________
102	102
103	103	INTRODUCED BY:
104	104
105	105	_____________________________
106	106
107	107
108	108
109	109
110	110
111	111	Report Title: Cannabis; Cannabis for Medical Use; Smoking; Prohibitions; Public Places Description: Prohibits the smoking of cannabis and the smoking of cannabis for medical use, including via an electronic smoking device, in any area accessible by the public. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
112	112
113	113
114	114
115	115
116	116
117	117
118	118
119	119
120	120
121	121	Report Title:
122	122
123	123	Cannabis; Cannabis for Medical Use; Smoking; Prohibitions; Public Places
124	124
125	125
126	126
127	127	Description:
128	128
129	129	Prohibits the smoking of cannabis and the smoking of cannabis for medical use, including via an electronic smoking device, in any area accessible by the public.
130	130
131	131
132	132
133	133
134	134
135	135
136	136
137	137	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.