SB2405.DOC

SECTION 1. The legislature finds that the State's medical marijuana, or cannabis, program was enacted in 2000 as a public health program conceived out of compassion for the health and welfare of the seriously ill. After eleven years, the experience of the program indicates that improvements to the law will help to fulfill its original intent by clarifying provisions and removing serious obstacles to patient access and physician participation.

The purpose of this Act is to allow the transfer and transport of medical cannabis under certain conditions.

SECTION 2. Section 329-121, Hawaii Revised Statutes, is amended by amending the definition of "medical use" to read as follows:

""Medical use" means the acquisition, possession, cultivation, use, distribution, or transportation of marijuana or paraphernalia relating to the administration of marijuana, to alleviate the symptoms or effects of a qualifying patient's debilitating medical condition. For the purposes of "medical use", the term distribution is limited to the transfer of marijuana and paraphernalia from the primary caregiver to the qualifying patient[.] or the transfer of marijuana from a qualifying person to another qualifying person pursuant to section 329-122."

SECTION 3. 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, 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.

(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;

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

(E) 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.

(d) A qualifying patient or primary caregiver who is registered under section 329-123 may transfer usable cannabis or any part of the cannabis plant, including the seeds, seedlings, or clones, to any other qualifying patient or any other registered primary caregiver who is registered under section 329-123; provided that no consideration is paid for the cannabis and that the recipient does not exceed the adequate supply amount specified in section 329-121."

SECTION 4. Section 329-125, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) 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.

A qualifying patient who is registered under section 329‑123 and who transports cannabis that is intended for medical use shall be immune from searches, seizures, and prosecution for offenses under part IV of chapter 712 while in the course of the transport."

SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

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:	_____________________________

THE SENATE	S.B. NO.	2405
TWENTY-SIXTH LEGISLATURE, 2012
STATE OF HAWAII