SB1231

Report Title:

Medical Marijuana

Description:

Amends definition of "adequate supply" and "written certification"; amends conditions of use; provides that authorization for use of medical marijuana shall not apply to certain employees or occupations.

THE SENATE	S.B. NO.	1231
TWENTY-FIRST LEGISLATURE, 2001
STATE OF HAWAII

A BILL FOR AN ACT

relAting to medical use of marijuana.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Section 329-121, Hawaii Revised Statutes, is amended as follows:

1. By amending the definition of "adequate supply" to read as follows:

""Adequate supply" means an amount of marijuana jointly possessed between the qualifying patient and the primary caregiver that is not more than is reasonably necessary to assure the uninterrupted availability of marijuana for the purpose of alleviating the symptoms or effects of a qualifying patient's debilitating medical condition; provided that an "adequate supply" jointly possessed by the qualifying patient and the primary caregiver shall not exceed three mature marijuana plants, four immature marijuana plants, and no more than one ounce of usable marijuana [~~per each mature plant~~]."

2. By amending the definition of "written certification" to read:

""Written certification" means the qualifying patient's medical records or a statement signed by a qualifying patient's physician, stating that in the physician's professional opinion, the qualifying patient has a debilitating medical condition and that after utilizing conventional Food and Drug Administration approved medications the physician believes that the potential benefits of the medical use of marijuana would likely outweigh the health risks for the qualifying patient. The department of public safety may require, through its rulemaking authority, that all written certifications comply with a designated form. "Written certifications" are valid for [~~only~~] not more than one year from the time of signing."

SECTION 2. Section 329-122, Hawaii Revised Statutes, is amended to read as follows:

"[[]§329-122[]] Medical use of marijuana; conditions of use. (a) Notwithstanding any law to the contrary, the medical use of marijuana by a qualifying patient shall be permitted only if:

(1) The qualifying patient has been diagnosed by a physician as having a debilitating medical condition;

(2) The qualifying patient's physician has certified in writing that, in the physician's professional opinion, after having completed a full assessment of the patient's medical history and current medical condition made in the course of a bona fide physician-patient relationship and after utilizing conventional Food and Drug Administration approved medications for that debilitating condition believes that the potential benefits of the medical use of marijuana would likely outweigh the health risks for the particular qualifying patient; and

(3) The amount of marijuana does not exceed an adequate supply.

(b) Subsection (a) shall not apply to a qualifying patient under the age of [~~eighteen~~] twenty-one years, unless:

(1) The qualifying patient's physician has explained the potential risks and benefits of the medical use of marijuana to the qualifying patient and to a parent, guardian, or person having legal custody of the qualifying patient; and

(2) A parent, guardian, or person having legal custody consents in writing to:

(A) Allow the qualifying patient's medical use of marijuana;

(B) Serve as the qualifying patient's primary caregiver; and

(C) Control the acquisition of the marijuana, the dosage, and the frequency of the medical use of marijuana by the qualifying patient.

(1) The medical use of marijuana that endangers the health or well-being of another person[;] or public safety;

(2) The medical use of marijuana:

(A) In a school bus, public bus, or any moving vehicle;

(B) In the workplace of one's employment;

(D) At any public park, public beach, public recreation center, recreation or youth center; or

(E) Other place open to the public; [~~and~~]

(F) In any correctional facility, detention center, or cell block; and

(3) Any sale of marijuana;

(4) The mailing of marijuana between islands and to locations outside the State;

(5) The transporting of marijuana between islands or to locations outside this State; or

(6) The use of marijuana by:

(A) A law enforcement officer employed by the State or counties;

(B) A firefighter employed by the State or counties;

(C) A water safety officer, lifeguard, swimming instructor, or other employee of the State or counties who is responsible for the safety of the public at swimming pools or on beaches;

(D) An employee who is authorized to carry or use, or both, firearms on the job;

(E) An emergency medical services employee of the State or county;

(F) An employee who administers or may administer controlled substances or other drugs to patients whether in hospitals, nursing homes, or in emergency situations such as would be encountered by emergency medical services personnel;

(G) An employee of a county police department;

(H) An employee who drives a vehicle (on land or in the water) or operates machinery for an employer;

(I) An employee subject to drug testing under a program mandated by the federal government;

(J) An employee subject to drug testing under a program established through collective bargaining; and

(K) An employee subject to drug testing under a program established by an employer;

[~~(3)~~] (7) The use of marijuana by a qualifying patient, parent, or primary caregiver for purposes other than medical use permitted by this [[]part[]]."

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:	_____________________________