THE SENATE	S.B. NO.	86
THIRTY-FIRST LEGISLATURE, 2021		S.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

relating to hawaiian affairs.

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

SECTION 1. Chapter 329D-2, Hawaii Revised Statutes, is amended by amending subsections (d) and (e) to read as follows:

"(d) The department shall issue eight dispensary licenses statewide; provided that three dispensary licenses shall be issued for the city and county of Honolulu, two dispensary licenses each shall be issued for the county of Hawaii and the county of Maui, and one dispensary license shall be issued for the county of Kauai; provided further that no dispensary license shall be issued for the county of Kalawao.

Notwithstanding this subsection, the department of Hawaiian home lands may operate       medical cannabis dispensaries. Dispensaries as overseen by the department of Hawaiian home lands shall not be considered toward the number of dispensaries issued statewide.

(e) No person may be granted a dispensary license in more than one county[.]; provided that dispensaries as overseen by the department of Hawaiian home lands shall not be considered toward the number of dispensaries issued per county."

SECTION 2. Section 219.1, Hawaiian Homes Commission Act, 1920, as amended, is amended to read as follows:

"(b) Notwithstanding any law to the contrary, the department either alone or together with any other governmental agency, may:

(1) Form an insurance company, association (nonprofit or otherwise), pool, or trust;

(2) Acquire an existing insurance company;

(3) Enter into arrangements with one or more insurance companies; [or]

(4) Operate medical cannabis dispensaries pursuant to chapter 329D; or

[(4)] (5) Undertake any combination of the foregoing; upon such terms and conditions and for such periods, as the commission shall approve, to provide homeowner protection, including hurricane coverage, for lessees participating in such undertaking. Such undertaking shall be subject to the provisions of chapter 431P, including but not limited to section 431P-10(b), and chapter 431."

SECTION 3. The provisions of the amendments made by this Act to the Hawaiian Homes Commission Act, 1920, as amended, are declared to be severable, and if any section, sentence, clause, or phrase, or the application thereof to any person or circumstances is held ineffective because there is a requirement of having the consent of the United States to take effect, then that portion only shall take effect upon the granting of consent by the United States and effectiveness of the remainder of these amendments or the application thereof shall not be affected.

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.

Report Title:

Department of Hawaiian Home Lands; Marijuana; Dispensaries

Description:

Authorizes the department of Hawaiian home lands to engage in the operation of medical cannabis dispensaries. (SD1)

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