STAND. COM. REP. NO. 2255

Honolulu, Hawaii

RE: S.B. No. 629

S.D. 2

Honorable Ronald D. Kouchi

President of the Senate

Thirty-First State Legislature

Regular Session of 2022

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 629, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO MEDICAL CANNABIS,"

begs leave to report as follows:

The purpose and intent of this measure is to:

(1) Allow primary caregivers, qualifying out-of-state patients, and caregivers of a qualifying out-of-state patient to access the restricted access area within a medical cannabis retail dispensary; and

(2) Clarify violations related to medical cannabis dispensaries.

Your Committee received testimony in support of this measure from the Department of Health, Hawai‘i Cannabis Industry Association, and one individual. Your Committee received comments on this measure from the Department of the Attorney General and Department of the Prosecuting Attorney of the City and County of Honolulu.

Your Committee finds that the regulated statewide dispensary system for medical cannabis was established on July 14, 2015, as Act 241, Session Laws of Hawaii 2015, to ensure safe and legal access to medical cannabis by qualifying patients. Since that time, the experience of the program indicates that improvements to the law will help to fulfill its original intent by clarifying provisions and implementing reasonable modifications to support patient access. Your Committee further finds that patients rely heavily on their caregivers for support, given their unique medical situations. However, caregivers are currently not allowed access into a medical cannabis retail dispensary. This measure will improve the law to allow certain people access to areas in a medical cannabis retail dispensary so that they may help patients obtain medical cannabis for their medical needs.

Your Committee has amended this measure by:

(1) Removing language related to "restricted access areas";

(2) Inserting a definition for "waiting room";

(3) Specifying the security requirements and restrictions regarding waiting rooms;

(4) Specifying that a member of the general public may enter or remain within the waiting room of a retail dispensing location; and

(5) 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 Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 629, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 629, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

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KARL RHOADS, Chair