SB454

SECTION 1. The purpose of this Act is to allow qualifying patients to form medical cannabis collectives, which are certified and regulated by the department of health, for the purpose of pooling excess cannabis lawfully cultivated by those qualifying patients and recovering costs incurred by cultivating the excess medical cannabis.

SECTION 2. Chapter 329, Hawaii Revised Statutes, is amended by adding a new section to part IX to be appropriately designated and to read as follows:

"§329- Certified medical cannabis collectives. (a) Qualifying patients having valid registration certificates pursuant to section 329-123 may form medical cannabis collectives pursuant to this section and rules adopted pursuant to this section for the purposes of pooling excess cannabis that is lawfully cultivated by those qualifying patients and selling that cannabis to members of the collective for the members' lawful personal use.

(b) No person shall operate a medical cannabis collective unless the collective has been certified by the department of health pursuant to this section and complies with rules adopted pursuant to this section.

(c) A person who is not a qualifying patient having a valid registration certificate pursuant to section 329-123 shall not:

(1) Be a member or employee of a certified medical cannabis collective; or

(2) Sell or otherwise provide any cannabis to a certified medical cannabis collective.

(d) No certified medical cannabis collective shall sell or otherwise provide any cannabis to any person who is not a member of that collective; provided that a collective may provide cannabis to another person for purposes of testing for content, quality, and consistency pursuant to rules adopted by the department of health.

(e) No more than two medical cannabis collectives shall be certified by the department of health to simultaneously operate on any single island in the State.

(f) Notwithstanding any other law to the contrary, a certified medical cannabis collective shall not be subject to the prescription requirements of section 329-38 or the board of pharmacy licensure or regulatory requirements under chapter 461.

(g) Nothing in this section shall be construed as authorizing any qualifying patient to cultivate or possess cannabis in an amount that exceeds an adequate supply for the qualifying patient, pursuant to section 329-122. The total amount of medical cannabis jointly possessed by all members of a certified medical cannabis collective shall not exceed the combined adequate supply that all members of the collective could individually possess as a qualifying patient, pursuant to section 329-122.

(h) The department of health shall adopt rules pursuant to chapter 91 with respect to qualifications and requirements for the certification, establishment, operation, regulation, and security of medical cannabis collectives."

SECTION 3. Section 329-125.6, Hawaii Revised Statutes, is amended to read as follows:

"§329-125.6 Protections afforded to an owner or qualified employee of a licensed medical cannabis dispensary[.] or member of a certified medical cannabis collective. (a) An owner or employee of a medical cannabis dispensary that is licensed under chapter 329D, or a member of a certified medical cannabis collective pursuant to section 329‑ , may assert the production or distribution of medical cannabis as an affirmative defense to any prosecution involving marijuana under this part, part IV, chapter 329D, or part IV of chapter 712; provided that the owner, [or] employee, or member strictly complied with the requirements of this chapter or chapter 329D, as applicable, and any [~~administrative~~] rules adopted thereunder.

(b) An owner or employee of a licensed medical cannabis dispensary, or a member of a certified cannabis collective, not strictly complying with the requirements of this chapter or chapter 329D, as applicable, and any [~~administrative~~] rules adopted thereunder, shall not be afforded the protections provided by subsection (a)."

SECTION 4. Section 329-130, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) After December 31, 2023, a qualifying patient shall obtain medical cannabis or manufactured cannabis products only:

(1) From a dispensary licensed pursuant to chapter 329D; provided that the cannabis shall be purchased and paid for at the time of purchase; [or]

(2) By cultivating cannabis in an amount that does not exceed an adequate supply for the qualifying patient, pursuant to section 329-122; provided that each location used to cultivate cannabis shall be used by no more than five qualifying patients[.]; or

(3) From a certified medical cannabis collective pursuant to section 329‑ ; provided that the qualifying patient is a member of the collective at the time the qualifying patient obtains the cannabis from the collective.

After December 31, 2023, no primary caregiver shall be authorized to cultivate cannabis for any qualifying patient."

SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	454
THIRTIETH LEGISLATURE, 2019
STATE OF HAWAII