SB174 HD1.DOC

SECTION 1. Hawaii's medical use of marijuana law was enacted on June 14, 2000, as Act 228, Session Laws of Hawaii 2000, to provide medical relief for seriously ill individuals in the State. At the time of Act 228's passage, the legislature found that, "modern medical research has discovered a beneficial use for marijuana in treating or alleviating the pain or other symptoms associated with certain debilitating illnesses. There is sufficient medical and anecdotal evidence to support the proposition that these diseases and conditions may respond favorably to a medically controlled use of marijuana." Act 228 authorized the use of medical marijuana by patients affected by cancer, glaucoma, positive HIV status or AIDS, and chronic or debilitating diseases that result in cachexia or wasting syndrome, severe pain, severe nausea, seizures including those characteristic of epilepsy, severe and persistent muscle spasms including those characteristic of multiple sclerosis or Crohn's disease, and other medical conditions approved by the department of health.

The legislature finds that since Act 228's passage, only one additional medical condition, post-traumatic stress disorder, has been added to the statutory list of conditions that may be treated with medical marijuana, despite a growing body of sufficient medical and anecdotal evidence to support the proposition that many other conditions respond favorably to such treatment. The department of health has not adopted administrative rules adding additional conditions, either.

The legislature finds that medical use of marijuana is permitted by law in the vast majority of United States jurisdictions. Forty-one states plus Washington D.C., Guam, and Puerto Rico currently authorize the medical use of some form of cannabis to treat at least one qualifying condition. The most common single qualifying condition across the nation is epilepsy. Twenty-five states specifically name it as a qualifying condition for medical marijuana use and an additional eleven permit use for seizures or seizure disorders without specifying epilepsy. The next most common condition for which medical use of marijuana is authorized is multiple sclerosis, which twenty-four jurisdictions list specifically as a qualifying condition. An additional five states list severe or persistent muscle spasms, the most prevalent symptom of multiple sclerosis, as a qualifying condition. Individuals who experience seizures or muscle spasms, including those associated with epilepsy or multiple sclerosis, are already eligible to use medical marijuana in Hawaii.

The legislature finds that all of the conditions added by this measure to the list of debilitating medical conditions that may be treated in Hawaii by the medical use of marijuana are already included as qualifying conditions in at least one other American jurisdiction. Lupus is specifically listed in one state and arthritis is specifically listed in four. However, patients with either of these conditions may also be eligible to participate in medical marijuana use programs in the twenty additional states that authorize use based on severe or chronic pain or the five that authorize use for peripheral neuropathy, which are major symptoms of both conditions. Autism is specifically listed in only one state, Pennsylvania. However, both Colorado and New Jersey have statutorily authorized the use of medical marijuana at schools by qualified patients in those states based upon the specific experiences of individual students with autism and their parents who advocated for the right to access treatment there. Further, because of parent and patient advocacy efforts, the national media has reported that individuals, including children, in several other states have been authorized to use medical marijuana to treat autism. To date, no state has reported serious adverse effects resulting from treatment with medical marijuana of any authorized condition and no state has revoked authorization for any condition once it has been granted.

The legislature finds that, based on the growing body of both clinical and experiential evidence in other states, there is sufficient support for including lupus, epilepsy, multiple sclerosis, arthritis, and autism to the list of debilitating medical conditions that may be treated by medically controlled use of marijuana.

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

""Debilitating medical condition" means:

(1) Cancer, glaucoma, lupus, epilepsy, multiple sclerosis, arthritis, autism, positive status for human immunodeficiency virus, acquired immune deficiency syndrome, 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;

(D) Seizures, including those characteristic of epilepsy;

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

(F) Post-traumatic stress disorder; or

(3) Any other medical condition approved by the department of health pursuant to administrative rules in response to a request from a physician or advanced practice registered nurse or potentially qualifying patient."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect on July 1, 2070.

THE SENATE	S.B. NO.	174
TWENTY-NINTH LEGISLATURE, 2017		S.D. 2
STATE OF HAWAII		H.D. 1