STAND. COM. REP. NO. 1377

Honolulu, Hawaii

RE:    H.B. No. 668

       H.D. 2

       S.D. 2

Honorable Donna Mercado Kim

President of the Senate

Twenty-Seventh State Legislature

Regular Session of 2013

State of Hawaii

Madam:

     Your Committees on Judiciary and Labor and Ways and Means, to which was referred H.B. No. 668, H.D. 2, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO HEALTH,"

beg leave to report as follows:

     The purpose and intent of this measure is to:

     (1)  Establish the medical marijuana transition advisory group to make specific recommendations on the transfer of the State's medical use of marijuana program from the Department of Public Safety to the Department of Health;

     (2)  Require the medical marijuana transition advisory group to submit these specific recommendations to the Legislature no later than December 31, 2013;

     (3)  Establish the medical marijuana registry revolving fund consisting of all monies derived from medical marijuana registration fees to offset the cost of the processing and issuance of a patient registry identification certificate, to fund positions authorized by the Legislature, to establish and manage a secure and confidential database, and for any other expenditures necessary to implement a medical marijuana registry program;

     (4)  Transfer the medical use of marijuana program from the Department of Public Safety to the Department of Health by January 1, 2015, pursuant to the recommendations of the medical marijuana transition advisory group;

     (5)  Require the Department of Public Safety and Department of Health to develop a plan, which shall include a timeline, for transferring the medical use of marijuana program from the Department of Public Safety and Department of Health based on the recommendations of the medical marijuana transition advisory group, and submit a joint report on the transfer of the medical use of marijuana program, including the plan and timeline for the transfer and the progress made, to the Legislature prior to the convening of the Regular Session of 2014; and

     (6)  Require that any legislation codifying the recommendations of the medical marijuana transition advisory group be adopted by the Legislature by December 30, 2014; otherwise, require that this measure be repealed and the transfer of the medical use of marijuana program be prohibited.

     Your Committees did not accept any testimony on the measure.

     Your Committees find that the medical use of marijuana program is currently administered by the Department of Public Safety.  Your Committees further find that given the medical nature of the program, the Department of Health is the appropriate state department to administer the program.  Because of the enormity of the transfer process and the numerous, complicated issues that must be addressed during the transfer, your Committees find that it is necessary to establish a transition advisory group consisting of the Director of Health, Attorney General, and Deputy Director of Law Enforcement.  The advisory group will submit recommendations to the Legislature on how to best transition the medical use of marijuana program from the Department of Public Safety to the Department of Health.

     Your Committees have amended this measure by:

     (1)  Inserting a medical marijuana registration fee of $35; and

     (2)  Inserting an effective date of July 1, 2050, to encourage further discussion.

     As affirmed by the records of votes of the members of your Committees on Judiciary and Labor and Ways and Means that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 668, H.D. 2, S.D. 1, as amended herein, and recommend that it pass Third Reading in the form attached hereto as H.B. No. 668, H.D. 2, S.D. 2.

Respectfully submitted on behalf of the members of the Committees on Judiciary and Labor and Ways and Means,

____________________________ DAVID Y. IGE, Chair

____________________________ CLAYTON HEE, Chair