HB1194.DOC

SECTION 1. The legislature finds that Act 228, Session Laws of Hawaii 2000, codified in part IX of chapter 329, Hawaii Revised Statutes, initiated regulation in the State of the use of medical marijuana for individuals suffering from certain debilitating medical conditions to alleviate pain. In 2004, the legislative reference bureau issued report number 4 entitled In Search of a Viable Distribution System for Hawaii's Medical Marijuana Program, that concluded that Hawaii's law, as written, does not allow for a distribution system.

The purpose of this Act is to:

(1) Transfer the responsibility of regulation of the use of medical marijuana from the department of public safety to the department of health because the department of health deals more directly with the health of residents of the State and should be the state agency responsible for handling confidential patient information. The department of health shall have the following responsibilities:

(A) Regulate the application process for qualifying patients including written medical certifications and patient registration;

(B) Keep all records, including confidential patient information;

(C) Provide liaison with law enforcement by implementing a hotline to ensure authenticity of written medical certifications;

(D) Provide overall medical and operational oversight of growing and distribution of marijuana, including:

(i) Hiring of personnel to manage and operate marijuana growing facilities;

(ii) Cultivation of marijuana in all relevant aspects;

(iii) Identifying and acquiring all agriculturally zoned land in the State suitable for growing marijuana;

(iv) Developing a system to grow and distribute marijuana in collectives with participation from qualifying patients, caregivers, growers, the department of public safety as distributors, and dispensaries;

(v) Authenticating and guaranteeing the quality and quantity of marijuana through oversight of packaging of individual doses of marijuana at growing sites secured by the department of public safety for individual qualifying patients registered with the department of health; and

(vi) Hiring all necessary personnel and operating special dispensaries statewide that distribute only marijuana to qualifying patients and caregivers; and

(2) Require the department of public safety to adopt the following new responsibilities:

(A) Provide security for all facilities that grow marijuana within the State for medical use;

(B) Oversee the physical transportation of marijuana for medical use from growing facilities to dispensaries within the State, especially between counties; and

(C) Distribute marijuana from growing facilities to qualifying patients, caregivers, and dispensaries throughout the State including cross-county distribution by authorized transportation of marijuana under the auspices of the department.

SECTION 2. The department of health shall assume the duties and responsibilities as delineated under section 1(1) of this Act.

SECTION 3. The department of public safety shall assume the duties and responsibilities as delineated under section 1(2) of this Act.

SECTION 4. Section 329-121, Hawaii Revised Statutes, is amended 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" shall not exceed [~~three mature marijuana plants, four immature marijuana plants, and one ounce~~] four ounces of usable marijuana [~~per each mature plant.~~] every thirty calendar days."

SECTION 5. 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.

(b) Qualifying patients shall register with the department of [~~public safety. Such~~] health. 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 personal identity of the qualifying patient and the primary caregiver. Qualifying patients shall report changes in information within five working days. Every qualifying patient shall have only one primary caregiver at any given time. The department of health shall then issue to the qualifying patient a registration certificate, and may charge a reasonable fee not to exceed [~~$25.~~] $50.

(c) Primary caregivers shall register with the department of [~~public safety. Every~~] health. Each primary caregiver shall be responsible for the care of only one qualifying patient at any given time[.] and each qualifying patient shall have only one primary caregiver at any given time.

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

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	1194
TWENTY-FIFTH LEGISLATURE, 2009
STATE OF HAWAII