STAND. COM. REP. NO. 2562

Honolulu, Hawaii

RE: S.B. No. 3132

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Second State Legislature

Regular Session of 2024

State of Hawaii

Sir:

Your Committees on Health and Human Services and Commerce and Consumer Protection, to which was referred S.B. No. 3132 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) Repeal the sunset date of the authorization for primary caregivers to cultivate medical cannabis for qualifying patients; and

(2) Clarify that primary caregivers may continue to cultivate medical cannabis for qualifying patients subject to certain restrictions.

Your Committees received testimony in support of this measure from the Department of Health and three individuals.

Your Committees received testimony in opposition to this measure from 434 Tattoo and forty-six individuals.

Your Committees received comments on this measure from Akamai Cannabis Consulting.

Your Committees find that existing state law recognizes the beneficial use of cannabis in treating certain debilitating medical conditions, their symptoms, and certain side effects of treatment of these conditions, including severe pain, nausea, muscle spasms, and seizures. Act 241, Session Laws of 2015 (Act 241), provided patient access to medical cannabis beyond the access that existed before the creation of a dispensary system authorized by Act 241. As some patients may not be able to grow their own supply of medical cannabis due to limitations such as disability or lack of space, expanding patient access to medical cannabis continues to be the Legislature's intent. Therefore, this measure will codify legislative intent while maintaining uninterrupted access to medical cannabis for qualifying patients.

Your Committees note the concerns raised in testimony regarding the cap on qualifying patients for medical cannabis cultivated on land zoned for agricultural use. As it is the Legislature's intent to expand access to medical cannabis, rather than replace existing legal access routes, further clarification is needed to provide qualifying patients with a critical treatment option.

Accordingly, your Committees have amended this measure by:

(1) Inserting language to clarify that cannabis cultivation shall be permitted for patient grow sites with more than five patients on land zoned for agricultural use;

(2) Requiring the Department of Health to adopt administrative rules to conduct routine voluntary grow site inspections without law enforcement; and

(3) 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 S.B. No. 3132, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 3132, 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,

________________________________ JARRETT KEOHOKALOLE, Chair

________________________________ JOY A. SAN BUENAVENTURA, Chair