STAND. COM. REP. NO.  552

Honolulu, Hawaii

                , 2013

RE:   H.B. No. 667

      H.D. 1

Honorable Joseph M. Souki

Speaker, House of Representatives

Twenty-Seventh State Legislature

Regular Session of 2013

State of Hawaii

Sir:

     Your Committee on Health, to which was referred H.B. No. 667 entitled:

"A BILL FOR AN ACT RELATING TO MEDICAL MARIJUANA,"

begs leave to report as follows:

The purpose of this measure is to amend statutory law regarding the medical use of marijuana including:

     (1)  Defining "adequate supply" in the context of the possession of medical marijuana by both a primary caregiver and qualifying patient;

     (2)  Clarifying provisions relating to the confidentiality of growing sites, certification of physician requirements, confidentiality of patient's conditions, caregiver to patient ratios, transportation of medical marijuana, qualifying visitors, and registration requirements; and

     (3)  Transferring oversight of certain functions of the Medical Use of Marijuana law from the Department of Public Safety to the Department of Health.

The American Civil Liberties Union of Hawaii, Big Island Americans for Safe Access, Community Alliance on Prisons, Drug Policy Forum of Hawaii, Drug Policy Action Group, The Libertarian Party of Hawaii, and numerous individuals testified in support of this measure.  The Department of Public Safety testified in support of the intent of this measure.  The Honolulu Department of the Prosecuting Attorney, Honolulu Police Department, Hawaii County Police Department, and Maui County Police Department testified in opposition of this measure.  Several individuals provided comments on this measure.

     Your Committee notes that provisions in this measure may create potentially problematic immunity issues for qualifying patients transporting marijuana for "intended" medical usage, especially when the transportation occurs across state lines.  Should the Committee on Judiciary consider this measure, your Committee respectfully requests that the above-mentioned issue be considered.

     Your Committee has amended this measure by:

     (1)  Specifying a seven marijuana plant limit for the definition of "adequate supply" that refers to both mature and immature plants;

     (2)  Lowering the amount of patients a primary caregiver may be responsible for from five to three patients at any given time;

     (3)  Changing its effective date to July 1, 2050, to encourage further discussion; and

     (4)  Making technical, nonsubstantive amendments for clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Health that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 667, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 667, H.D. 1, and be referred to the Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Health,

____________________________

DELLA AU BELATTI, Chair