STAND. COM. REP. NO. 2491

Honolulu, Hawaii

RE: S.B. No. 3053

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Ninth State Legislature

Regular Session of 2018

State of Hawaii

Sir:

Your Committee on Commerce, Consumer Protection, and Health, to which was referred S.B. No. 3053 entitled:

"A BILL FOR AN ACT RELATING TO EDIBLE CANNABIS PRODUCTS,"

begs leave to report as follows:

The purpose and intent of this measure is to legalize the manufacturing of edible cannabis products for medical purposes and establish basic regulations on edible cannabis products.

Your Committee received testimony in support of this measure from the Oahu County Committee on Legislative Priorities of the Democratic Party of Hawai‘i, Drug Policy Forum of Hawaii, and five individuals. Your Committee received testimony in opposition to this measure from the Department of Health, Honolulu Police Department, Maui Police Department, Hawaii Family Forum, Hawaii Catholic Conference, and Department of the Prosecuting Attorney of the City and County of Honolulu. Your Committee received comments on this measure from the Department of the Attorney General.

Your Committee finds that several states permit the sale of edible cannabis products, either for medical or recreational use. These states generally place restrictions on the edible cannabis products, such as limiting the amount of psychoactive ingredients per serving, banning manufacturers from making candy-like edibles that may attract children, and requiring proper labeling.

Your Committee has heard the concerns of the Department of Health, Department of the Attorney General, and other testifiers about the risk of confusion and contamination between edible cannabis products and food, and about the quality control issues associated with production of edible cannabis products in home or substandard kitchens or in a commercial kitchen that also produces non-cannabis food products. Your Committee has also heard the concerns of the Honolulu Police Department, Maui Police Department, Hawaii Family Forum, Hawaii Catholic Conference, and Department of the Prosecuting Attorney of the City and County of Honolulu with respect to the increased risk of exposure to children. However, your Committee finds that the medical cannabis law provides for development of medical cannabis products other than the dried flowers of the cannabis plant. Thus, this measure warrants further discussion.

Your Committee has amended this measure by:

(1) Based on amendments requested by the Department of Health, amending the health, safety, and sanitation standards regarding the manufacture of manufactured cannabis products by:

(A) Requiring those products to be manufactured in a facility that meets minimum sanitary requirements that are at least equivalent to standards for food establishments provided for in chapter 11-50, Hawaii Administrative Rules;

(B) Prohibiting the manufacturing of those products in a home kitchen or a facility permitted as a food establishment; and

(C) Making a conforming amendment to the definition of "edible cannabis products";

(2) Inserting an effective date of January 1, 2050, to encourage further discussion; and

(3) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

As affirmed by the record of votes of the members of your Committee on Commerce, Consumer Protection, and Health that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 3053, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 3053, S.D. 1, and be referred to your Committees on Judiciary and Ways and Means.

Respectfully submitted on behalf of the members of the Committee on Commerce, Consumer Protection, and Health,

________________________________

ROSALYN H. BAKER, Chair