CONFERENCE COMMITTEE REP. NO. 255

Honolulu, Hawaii

, 2025

RE: H.B. No. 302

H.D. 2

S.D. 2

C.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madam and Sir:

Your Committee on Conference on the disagreeing vote of the House of Representatives to the amendments proposed by the Senate in H.B. No. 302, H.D. 2, S.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO CANNABIS,"

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

The purpose of this measure is to make various amendments to the medical use of cannabis and medical cannabis dispensaries laws by:

(1) Amending the definition of "debilitating medical condition";

(2) Authorizing the sale of hemp products and accessories to the use of medical cannabis in a medical cannabis dispensary waiting room;

(3) Authorizing the establishment of a provider-patient relationship via telehealth for purposes of issuing written certifications and limiting the maximum fee a provider may assess for issuing a written certification;

(4) Clarifying the transportation requirements for certain types of dispensary-to-dispensary purchases of cannabis or manufactured cannabis products;

(5) Beginning January 1, 2027:

(A) Establish criminal penalties for the unlicensed operation of a medical cannabis dispensary; and

(B) Prohibit the cultivation of cannabis without a license issued by the Department of Health; and

(6) Authorize expenditures from the Medical Cannabis Registry and Regulation Special Fund to fund programs for the mitigation and abatement of nuisances related to medical cannabis dispensaries and appropriate funds to the Attorney General's Drug Nuisance Abatement Unit for these purposes.

Your Committee on Conference has amended this measure by:

(1) Reverting to the existing statutory definition of "debilitating medical condition";

(2) Authorizing the Department of Health to inspect a qualifying patient's medical records that are held by the physician, advanced practice registered nurse, or hospice provider who issued a written certification for the qualifying patient;

(3) Amending the definitions of "qualifying patient" and "written certification" and adding a definition for "primary treating medical provider";

(4) Clarifying the conditions of use for the medical use of cannabis;

(5) Authorizing the sale of hemp products and accessories to the medical use of cannabis at retail dispensing locations, except in the waiting room;

(6) Establishing criminal penalties for the unlicensed operation of a medical cannabis dispensary beginning July 1, 2025, rather than January 1, 2027;

(7) Authorizing expenditures from the Medical Cannabis Registry and Regulation Special Fund to fund programs for the mitigation and abatement of nuisances related to illegal cannabis and hemp products as well as medical cannabis dispensaries;

(8) Inserting an appropriation of $750,000 from the Medical Cannabis Registry and Regulation Special Fund for the mitigation and abatement of nuisances related to illegal cannabis and hemp products and medical cannabis dispensaries, including the establishment of positions;

(9) Prohibiting the cultivation of cannabis without a license issued by the Department of Health beginning January 1, 2028, rather than January 1, 2027, and deleting certain provisions relating to the maximum number of cannabis cultivator licenses and maximum plant canopy size;

(10) Changing the effective date to July 1, 2025; and

(11) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of H.B. No. 302, H.D. 2, S.D. 2, as amended herein, and recommends that it pass Final Reading in the form attached hereto as H.B. No. 302, H.D. 2, S.D. 2, C.D. 1.

Respectfully submitted on behalf of the managers:

ON THE PART OF THE SENATE

ON THE PART OF THE HOUSE

____________________________ JOY A. SAN BUENAVENTURA Chair	____________________________ GREGG TAKAYAMA Co-Chair
____________________________ JARRETT KEOHOKALOLE Co-Chair	____________________________ SCOT Z. MATAYOSHI Co-Chair
____________________________ MIKE GABBARD Co-Chair	____________________________ DAVID A. TARNAS Co-Chair
____________________________ SHARON MORIWAKI Co-Chair	____________________________ SUE L. KEOHOKAPU-LEE LOY Co-Chair