THE SENATE	S.B. NO.	440
THIRTY-SECOND LEGISLATURE, 2023		S.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO CANNABIS.

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

SECTION 1. The legislature finds that the purpose of the medical cannabis dispensary system law is to ensure that qualified patients have safe, timely, and adequate access to medical cannabis. The legislature further finds that the coronavirus disease 2019 (COVID-19) pandemic has severely impacted the way in which qualified patients can safely access the facilities that provide medical cannabis. Many qualified patients suffer from debilitating conditions that make them especially vulnerable to COVID-19 exposure and seek alternative ways to physically access facilities to minimize exposure.

The purpose of this Act is to authorize the department of health to approve in-vehicle receipt of medical cannabis and medical cannabis products on the premises of dispensaries, under certain conditions.

SECTION 2. Section 329D-6, Hawaii Revised Statutes, is amended by amending subsection (n) to read as follows:

"(n) A dispensary shall be prohibited from off-premises delivery of cannabis or manufactured cannabis products to a qualifying patient, primary caregiver, qualifying out-of-state patient, or caregiver of a qualifying out-of-state patient[.]; provided that the department is authorized to allow a dispensary to dispense cannabis or manufactured cannabis products to a qualifying in-state patient or in-state primary caregiver of a qualifying in-state patient outside of the dispensary's retail store building but on the dispensary's premises. The department shall adopt administrative rules detailing the circumstances for which on-premises dispensing may be allowed and any dispensing requirements."

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 Statutory material to be repealed is bracketed and stricken.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 on December 31, 2050.

Report Title:

Department of Health; Medical Cannabis; Products; Delivery; Vehicles; COVID-19

Description:

Authorizes the Department of Health to approve in-vehicle receipt of medical cannabis and medical cannabis products on the premises of dispensaries subject to Administrative Rules adopted by the Department of Health. Effective 12/31/2050. (SD1)

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