STAND. COM. REP. NO. 1319-00

                                 Honolulu, Hawaii
                                                   , 2000

                                 RE: S.B. No. 862
                                     S.D. 2
                                     H.D. 1




Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committee on Judiciary and Hawaiian Affairs, to which
was referred S.B. No. 862, S.D. 2, entitled: 

     "A BILL FOR AN ACT RELATING TO MEDICAL USE OF MARIJUANA,"

begs leave to report as follows:

     The purpose of this bill is to allow for the acquisition,
possession, and use of marijuana for medical purposes.

     The Department of Health, the American Civil Liberties Union
of Hawaii, the Hawaii Nurses Association, the Life Foundation,
the Religion of Jesus Church, Advocates for Consumer Rights,
Citizens Advocating Responsible Education, Executive Assessment &
Development, Hawaii Public Health Association, It's Hemp!!, the
Kokua Council, and concerned individuals testified in support of
the measure.  The Department of the Prosecuting Attorney for the
City and County of Honolulu, the Department of the Prosecuting
Attorney for the County of Maui, the Honolulu Police Department,
the Maui County Police Department, the American Cancer Society,
and the Hawaii Medical Association testified in opposition to the
measure.  The Department of Attorney General provided comments.

     Your Committee finds that this measure will provide for the
medical use of marijuana within strict controls that balances
health concerns and public safety concerns.
 

 
 
 
 
                                 STAND. COM. REP. NO. 1319-00
                                 Page 2

 
     Your Committee has amended this bill by:

     (1)  Changing the definition of "adequate supply" to mean an
          amount not exceeding three mature marijuana plants,
          four immature marijuana plants, and one ounce of usable
          marijuana per each mature plant;

     (2)  Limiting for the purpose of the definition of "medical
          use", the term "distribution" to the transfer of
          marijuana and paraphernalia from the primary caregiver
          to the qualifying patient;

     (3)  Defining "physician" to those licensed with authority
          to prescribe drugs and registered under section 329-32
          Hawaii Revised Statutes (HRS), and excluding those who
          are physician's assistants as described in HRS section
          453-5.3;

     (4)  Adding a definition for "usable marijuana"; as the
          dried leaves and flowers of the plant Cannabis family
          Moraceae, and any mixture of preparation thereof, that
          are appropriate for medical use of marijuana; however,
          not including the seeds, stalks, and roots of the
          plant;

     (5)  Adding in the definition of "written certification"
          that the Department of Public Safety (DPS) may require,
          through its rulemaking authority, that all written
          certificates comply with a designated form and that
          written certification be valid for a period of only one
          year from the date of signing;

     (6)  Requiring physicians who issue written certifications
          to supply to the DPS patient information;

     (7)  Requiring qualifying patients to register with the DPS;
          making such registration effective until the expiration
          of the certificate issued by the physician; requiring
          the qualifying patient to furnish the DPS with
          information to identify the patient and the primary
          caregiver; making clear that a qualifying patient shall
          have only one primary caregiver;

     (8)  Requiring the primary caregiver to register with DPS;
          making clear that a primary caregiver shall have only
          one qualifying patient;

     (9)  Requiring DPS to verify for law enforcement agencies
          whether a person is registered with the DPS;

 
                                 STAND. COM. REP. NO. 1319-00
                                 Page 3

 

    (10)  Protecting a qualifying patient or primary caregiver
          who complies with the permitted scope of the medical
          use of marijuana against search and seizures;

    (11)  Requiring physicians to comply with registration
          requirements in order to be protected against arrest or
          prosecution for providing written certifications;

    (12)  Making it a misdemeanor offense for physicians to make
          fraudulent misrepresentations in written
          certifications; as well as subjecting physicians to
          other applicable criminal sanctions; and

    (13)  Making technical, nonsubstantive changes for purposes
          of style and clarity.

     As affirmed by the record of votes of the members of your
Committee on Judiciary and Hawaiian Affairs that is attached to
this report, your Committee is in accord with the intent and
purpose of S.B. No. 862, S.D. 2, as amended herein, and
recommends that it pass Second Reading in the form attached
hereto as S.B. No. 862, S.D. 2, H.D. 1, and be placed on the
calendar for Third Reading.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Judiciary &
                                   Hawaiian Affairs,



                                   ______________________________
                                   ERIC G. HAMAKAWA, Chair