HOUSE OF REPRESENTATIVES	H.B. NO.	37
THIRTIETH LEGISLATURE, 2019
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO MEDICAL CANNABIS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that Senate Bill No. 2407, C.D. 1, passed during the regular session of 2018, would have allowed the use of medical cannabis to treat opioid use, substance use, and withdrawal symptoms resulting from the treatment of those conditions. However, the measure was vetoed by the governor, because the department of health adopted an administrative rule that sets forth an evidence-based petition process to add a condition to the list of debilitating conditions for which medical cannabis can be used.

The legislature further finds that in vetoing Senate Bill No. 2407, C.D. 1, the governor has allowed an administrative rule to supersede the legislature's policy-making power. When the legislature authorized the department of health to create an administrative process to add any other medical condition as a debilitating medical condition, the legislature did not intend to waive its legislative power to amend the statute to prescribe other medical conditions that might qualify as debilitating medical conditions. Accordingly, the legislature finds that opioid use and substance use disorders and associated withdrawal symptoms may be successfully treated with the use of medical cannabis.

The purpose of this Act is to add two more medical conditions as debilitating medical conditions that qualify for the medical use of cannabis:

(1) Opioid use and substance use disorders, or withdrawal symptoms resulting from the treatment of these conditions; and

(2) A medical condition that is normally treated with a prescription medication that could lead to physical or psychological dependence, but can be treated more effectively and safely through the medical use of marijuana, as determined by a physician or advanced practice registered nurse.

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, rheumatoid arthritis, 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;

(C) Severe nausea;

(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) Opioid use or other substance use disorders, or withdrawal symptoms resulting from the treatment of those conditions;

(4) A medical condition that is normally treated with a prescription medication that could lead to physical or psychological dependence, but can be treated more effectively and safely through the medical use of cannabis, as determined by a physician or advanced practice registered nurse; or

[(3)] (5) 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. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:

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Report Title:

Medical Cannabis; Opioid Use; Substance Use; Prescription Medication Dependence; Debilitating Medical Condition

Description:

Allows the use of medical cannabis to treat opioid use, substance use, and withdrawal symptoms resulting from the treatment of those conditions or a medical condition that is normally treated with a prescription medication that could lead to physical or psychological dependence, but can be treated more effectively and safely through medical cannabis.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.