HOUSE OF REPRESENTATIVES	H.B. NO.	1963
TWENTY-SIXTH LEGISLATURE, 2012		H.D. 1
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.  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- Reports to the legislature; debilitating medical conditions. Upon the convening of each regular session, the department of health shall submit a report to the legislature on recommendations for additions, deletions, or revisions to the list of authorized debilitating medical conditions.  Three months prior to the convening of each regular session, the department of health shall post public notice, at the state capitol and in the office of the lieutenant governor for public inspection, of the department’s recommendations to the legislature regarding any additions, deletions, or revisions to the list of authorized debilitating medical conditions.  The department of health shall draft legislation to implement the recommended additions, deletions, or revisions to the list of authorized debilitating medical conditions."

SECTION 2.  Section 329-32, Hawaii Revised Statutes, is amended as follows:

1.   By amending subsection (a) to read:

     "(a)  Every person who:

     (1)  Manufactures, distributes, prescribes, or dispenses any controlled substance within this State;

     (2)  Proposes to engage in the manufacture, distribution, prescription, or dispensing of any controlled substance within this State; [or]

     (3)  Dispenses or proposes to dispense any controlled substance for use in this State by shipping, mailing, or otherwise delivering the controlled substance from a location outside this State; or

(4) Recommends the medical use of marijuana to patients,

shall obtain a registration issued by the department of public safety in accordance with the department's rules.  A licensed or registered health care professional who acts as the authorized agent of a practitioner and who administers controlled substances at the direction of the practitioner shall not be required to obtain a registration."
      2.  By amending subsection (e) to read:

"(e)  A separate registration shall be required at each principal place of business or professional practice where the applicant manufactures, distributes, prescribes, or dispenses controlled substances[,] or recommends the medical use of marijuana, except an office used by a practitioner (who is registered at another location) where controlled substances are prescribed but neither administered nor otherwise dispensed as a regular part of the professional practice of the practitioner at such office, and where no supplies of controlled substances are maintained."

SECTION 3. Section 329-121, Hawaii Revised Statutes, is amended by amending the definitions of "adequate supply", "debilitating medical condition", "primary caregiver", and "written certification" 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] seven marijuana plants[,] and [one ounce] three ounces of usable marijuana [per each mature plant].    "Debilitating medical condition" means:

(1)  Cancer, glaucoma, positive status for human immunodeficiency virus, acquired immune deficiency syndrome, epilepsy, multiple sclerosis, Crohn's disease, or the treatment of these conditions;   

[(2) A chronic or debilitating disease or medical condition or its treatment that produces one or more of the following:

(A) Cachexia or wasting syndrome;

(B) Severe pain;

(C) Severe nausea;

(D) Seizures, including those characteristic of epilepsy; or

(E) Severe and persistent muscle spasms, including those characteristic of multiple sclerosis or Crohn's disease; or]

(2) Seizures characteristic of epilepsy;

(3) Severe and persistent muscle spasms caused by multiple sclerosis or Crohn's disease; or

[(3)] (4)  Any other medical condition approved by the department of health pursuant to administrative rules in response to a request from a physician or potentially qualifying patient[.] that has been authorized by the legislature.

"Primary caregiver" means a person, other than the qualifying patient and the qualifying patient's physician, who is eighteen years of age or older who does not have a felony conviction and has agreed to undertake responsibility for managing the well-being of the qualifying patient with respect to the medical use of marijuana.  In the case of a minor or an adult lacking legal capacity, the primary caregiver shall be a parent, guardian, or person having legal custody.

"Written certification" means the [qualifying patient's medical records or] medical use of marijuana application form and permit issued by the department that includes 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 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 one year from the time of signing[.] of the permit issued by the department."

SECTION 4. Section 329-122, Hawaii Revised Statutes, is amended to read as follows:

     "§329-122  Medical use of marijuana; conditions of use[.]; suspension.  (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, 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 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.

(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 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, or recreation or youth center; or

(E) [Other] At any other place 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[.]; and

(4) A qualifying patient or caregiver who maintains or possesses marijuana plants or usable marijuana at a particular address or property with other patients or caregivers, if there are more than twenty-one marijuana plants or more than nine ounces of usable marijuana at that location, regardless of the number of qualifying patients or caregivers who are maintaining or possessing marijuana at that location.

(d)  Any person who violates any section under this part

may be suspended from participating in the program by the administrator for a period of up to three years."

     SECTION 5.  Section 329-125, Hawaii Revised Statutes, is amended to read as follows:
"[[]§329-125[]]  Protections afforded to a qualifying patient or primary caregiver.  (a)  A qualifying patient or the primary caregiver may assert the medical use of marijuana as an affirmative defense to any prosecution involving marijuana under this [[]part[]] or chapter 712; provided that the qualifying patient or the primary caregiver strictly complied with the requirements of this part.

     (b)  Any qualifying patient or primary caregiver not complying with the permitted scope of the medical use of marijuana shall not be afforded the protections against searches and seizures pertaining to the misapplication of the medical use of marijuana.

(c)  Any qualifying patient or primary caregiver who possesses more than an adequate supply at any given time shall be in violation of the medical use of marijuana program and shall not be afforded any protection against arrest or the seizure of any marijuana recovered.

    [(c)] (d)  No person shall be subject to arrest or prosecution for simply being in the presence or vicinity of the medical use of marijuana as permitted under this part."

SECTION 6.  Section 329-128, Hawaii Revised Statutes, is amended to read as follows:

"[[]§329-128[]]  Fraudulent misrepresentation; penalty.  (a)  Notwithstanding any law to the contrary, fraudulent misrepresentation in the medical use of marijuana application form issued by the department or in statements made to a law enforcement official of any fact or circumstance relating to the medical use of marijuana to avoid arrest or prosecution under this part or chapter 712 shall be a [petty misdemeanor and subject to a fine of $500.] class C felony.

(b)  Notwithstanding any law to the contrary, fraudulent misrepresentation in the medical use of marijuana application form issued by the department or in statements made to a law enforcement official of any fact or circumstance relating to the issuance of a written certificate by a physician not covered under section 329-126 for the medical use of marijuana shall be a [misdemeanor.] class C felony.  This penalty shall be in addition to any other penalties that may apply for the non-medical use of marijuana.  Nothing in this section is intended to preclude the conviction of any person under section 710-1060 or for any other offense under part V of chapter 710."

SECTION 7.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 8.  This Act shall take effect upon its approval.

Report Title:

Medical Use of Marijuana

Description:

Updates the law relating to the medical use of marijuana by:  (1) requiring the Department of Health to submit a report, including draft legislation, to the Legislature on recommendations to the list of authorized debilitating medical conditions; (2)requiring a separate registration at each principal place of business where an applicant recommends the medical use of marijuana; (3) clarifying definitions with respect to medical use of marijuana; (4) establishing a suspension period for those violating the medical marijuana program conditions; (5) limiting the amount of marijuana that can be possessed at a location; and (6) increasing the penalties for fraudulent misrepresentations about the medical use of marijuana.  (HB1963 HD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.