Report Title:

Controlled Substances

Description:

Raises the limit of marijuana a qualified patient may possess from 3 to 5 plants and from 1 ounce to 3 ounces of usable marijuana. Establishes a procedure to determine additional debilitating conditions for which medical marijuana may be prescribed. Clarifies procedure to qualify to legally possess and use marijuana. Enables a primary caregiver to administer medical marijuana to not more than three qualified patients at any given time. (HD1)

THE SENATE

S.B. NO.

128

TWENTY-THIRD LEGISLATURE, 2005

S.D. 1

STATE OF HAWAII

H.D. 1

 

A BILL FOR AN ACT

 

RELATING TO CONTROLLED SUBSTANCES.

 

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

SECTION 1. The legislature finds that the State's medical marijuana program, enacted into law in 2000, is a public health program conceived out of concern for the health and welfare of the seriously ill. Since its inception, the medical marijuana program has seen increased interest as a viable treatment for certain seriously ill patients.

The purpose of this Act is to expand a physician's ability to prescribe marijuana as a medical treatment, clarify the procedures to prescribe medical marijuana, prohibit the use of medical marijuana while operating heavy equipment, and make other amendments to enhance the operation of the medical marijuana program.

SECTION 2. Chapter 329, Hawaii Revised Statutes, is amended by adding a new section to part IX to be appropriately designated and to read as follows:

"§329-   Debilitating medical condition; additional medical conditions; procedure. The director of health shall convene a standing committee consisting of two practicing physicians and one representative from the department of health to meet semiannually to consider petitions submitted by physicians, qualifying patients, or potential qualifying patients to add other medical conditions to the definition of "debilitating medical condition" in section 329-121. In considering the petitions, the committee shall provide public notice of, and an opportunity to comment in a public hearing upon, the petitions. The committee shall approve or deny the petitions within thirty days after the hearing, and medical conditions approved by the committee shall be added to the list of debilitating conditions covered by this part, effective immediately upon the date of approval."

SECTION 3. Section 329-121, Hawaii Revised Statutes, is amended by amending the definitions of "adequate supply" to read:

""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" shall not exceed [three mature] five marijuana plants[, four immature marijuana plants, and one ounce of usable marijuana per each mature plant.] and three ounces of usable marijuana at any given time."

SECTION 4. Section 329-122, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(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 medical examination and assessment of the patient's medical history and current medical condition in the course of a bona fide physician-patient relationship, 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 possessed by the patient and the primary caregiver does not exceed an adequate supply."

SECTION 5. Section 329-122, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) The authorization for the medical use of marijuana in this section shall not apply to:

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

(2) The medical use of marijuana:

(A) In a school bus, public bus, or in any moving vehicle[;], or while using heavy equipment, stationary or otherwise;

(B) In the workplace of one's employment[;], except if working in one's residence;

(C) On any school grounds;

(D) In any correctional facility, detention center, or cell block, or by any person under the custody of the department of public safety who is housed in a facility under contract with the department of public safety, or by any person on probation or parole as mandated by the courts or the paroling authority; and

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

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

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

SECTION 6. Section 329-123, Hawaii Revised Statutes, is amended to read as follows:

"[[]§329-123[]] Registration requirements. (a) Physicians who issue written certifications shall register the names, addresses, patient identification numbers, and other identifying information of the patients issued written certifications with the department of public safety. A physician shall provide the patient and the primary caregiver with a written certification.

(b) Qualifying patients shall register with the department of public safety. [Such] The registration shall be effective until the expiration of the certificate issued by the physician. Every qualifying patient shall provide sufficient identifying information to establish the personal identity of the qualifying patient and the primary caregiver. Qualifying patients shall report changes in information within [five] ten working days. Every qualifying patient shall have only one primary caregiver at any given time. The department shall [then] issue to the qualifying patient and primary caregiver a registration certificate[,] and may charge a reasonable fee not to exceed $25.

(c) Primary caregivers shall register with the department of public safety. [Every] A primary caregiver shall be responsible for the care of [only one] not more than three qualifying [patient] patients at any given time.

(d) Upon [an] inquiry by a law enforcement agency, the department of public safety shall verify whether the [particular qualifying patient] subject of the inquiry has registered with the department and may provide reasonable access to the registry information for official law enforcement purposes."

SECTION 7. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 8. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 9. This Act shall take effect on July 10, 2099.