STAND. COM. REP. NO. 1421
Honolulu, Hawaii
RE: H.B. No. 1082
H.D. 3
S.D. 1
Honorable Ronald D. Kouchi
President of the Senate
Thirty-Second State Legislature
Regular Session of 2023
State of Hawaii
Sir:
Your Committees on Health and Human Services and Commerce and Consumer Protection, to which was referred H.B. No. 1082, H.D. 3, entitled:
"A BILL FOR AN ACT RELATING TO MEDICAL CANNABIS,"
beg leave to report as follows:
The purpose and intent of this measure is to:
(1) Define
"waiting room" within a medical cannabis retail dispensing location
and specify who may have access to the waiting room;
(2) Clarify
the Department of Health's rulemaking authority;
(3) Establish
system access and integration requirements for the computer software tracking
system for medical cannabis dispensaries;
(4) Require
the Department of Health to annually report to the Legislature on data captured
using the computer software tracking system;
(5) Amend
the medical cannabis dispensary program licensing fee structure;
(6) Add
or clarify requirements for the medical cannabis dispensary program related to
signage, types of permitted manufactured cannabis products, supervision of
certain personnel who are onsite at a retail dispensing location or medical
cannabis production center, and the continuing education and training program
conducted by the Department of Health;
(7) Clarify
that each day a violation of the medical cannabis dispensary program law occurs
shall constitute a separate violation;
(8) Establish
annual reporting requirements for the Department of Health regarding the
medical cannabis patient registry program;
(9) Require
the Department of Business, Economic Development, and Tourism to submit a
report to the Legislature analyzing de-identified aggregated information
regarding the medical cannabis patient registry program and medical cannabis
dispensary program; and
(10) Make various housekeeping amendments.
Your Committees received testimony in support of this measure from the Department of Business, Economic Development, and Tourism; Metrc; Lau Ola LLC, dba Big Island Grown Dispensaries; Cure Oahu; Maui Grown Therapies; Aloha Green Holdings, Inc.; Hawai‘i Cannabis Industry Association; and one individual. Your Committees received comments on this measure from the Department of Commerce and Consumer Affairs, Department of Health, and Akamai Cannabis Consulting.
Your Committees find that existing laws governing the State's Medical Cannabis Dispensary Program and Medical Cannabis Registry Program need to be enhanced and streamlined for the Department of Health's efficient enforcement of its regulatory authority in order to improve access to medical cannabis for qualifying patients in the State and to protect the health and safety of patients and the general public. This measure effectuates these objectives by allowing caregivers to assist patients in waiting rooms of retail dispensary locations, preserving the Department's interim rulemaking authority to timely address various concerns, clarifying penalties for violations to facilitate enforcement of dispensary compliance, reducing administrative barriers and assisting medical cannabis dispensaries with streamlining operations and resources.
Your Committees further find that the language in the companion to this measure, S.B. No. 1380, S.D. 1 (2023), which was previously heard by your Committees, is preferable because it requires that written certifications for a patient with a chronic condition be valid for three years; removes the requirement that a certifying physician or advanced practice registered nurse have a "bona fide" physician-patient or advanced practice registered nurse-patient relationship to certify that a patient has a debilitating medical condition pursuant to chapter 329, Hawaii Revised Statutes; amends the rule-making authority for dispensary-to-dispensary sales; and requires medical cannabis dispensaries, in conjunction with physicians and advanced practice registered nurses who issue written certifications pursuant to section 329-123, Hawaii Revised Statutes, rather than the Department of Health, to conduct the continuing education and training program required by section 329D-26, Hawaii Revised Statutes.
Accordingly, your Committees have amended this measure by:
(1) Deleting its contents and inserting the contents of S.B. No. 1380, S.D. 1, a substantively similar measure, which also allows caregivers to assist patients in waiting rooms of retail dispensary locations and clarifies penalties for violations to facilitate streamlined enforcement of dispensary compliance;
(3) Inserting language that allows dispensaries to transport not more than eight hundred ounces of cannabis or manufactured cannabis products to another dispensary within a thirty-day period, or other amounts with prior approval of the Department of Health;
(4) Inserting language that amends the types of medical cannabis products that may be manufactured and distributed to reflect the amended definition of "manufactured cannabis product";
(5) Inserting an effective date of June 30, 2050,
to encourage further discussion; and
(6) Making technical, nonsubstantive amendments
for the purposes of clarity and consistency.
As affirmed by the records of votes of the members of your Committees on Health and Human Services and Commerce and Consumer Protection that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 1082, H.D. 3, as amended herein, and recommend that it pass Second Reading in the form attached hereto as H.B. No. 1082, H.D. 3, S.D. 1, and be referred to your Committees on Judiciary and Ways and Means.
Respectfully submitted on behalf of the members of the Committees on Health and Human Services and Commerce and Consumer Protection,
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________________________________ JARRETT KEOHOKALOLE, Chair |
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________________________________ JOY A. SAN BUENAVENTURA, Chair |
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