CONFERENCE COMMITTEE REP. NO. 89

 

Honolulu, Hawaii

                 , 2025

 

RE:    S.B. No. 1429

       S.D. 2

       H.D. 3

       C.D. 1

 

 

 

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

 

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

 

Sir and Madam:

 

     Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 1429, S.D. 2, H.D. 3, entitled:

 

"A BILL FOR AN ACT RELATING TO MEDICAL 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:

 

     (1)  Authorize the Department of Health to impose penalties and take enforcement actions for violations of the medical cannabis laws;

 

     (2)  Effective January 1, 2025, retroactively repeal the prohibition against primary caregivers cultivating medical cannabis for their qualifying patients, and authorize primary caregivers to cultivate cannabis in an amount not to exceed an adequate supply for the qualifying patient; and

 

     (3)  Effective June 28, 2025, extend for two years the sunset on the interim rules adopted by the Department of Health and extend for four years the sunset date for the exemption from civil service of personnel hired by, or contracts entered into by, the Department of Health related to the medical cannabis dispensary system.

 

     Your Committee on Conference finds that access to medical cannabis for medical cannabis patients includes the ability to cultivate cannabis in a lawful, safe, and patient-focused approach by the patients themselves or their designated primary caregivers.  Your Committee on Conference further finds that some qualifying patients are unable to cultivate medical cannabis on their own due to debilitating medical conditions, mobility impairments that make tending to plants difficult or impossible, or restrictions on cultivation at their place of residence.  This measure protects patients' rights, ensuring long-term access to a safe and legal supply of medical cannabis.

 

     Your Committee on Conference has amended this measure by:

 

     (1)  Reverting to language from the S.D. 1 version of this measure to increase the number of qualifying patients a primary caregiver is authorized to care for and a location used to cultivate cannabis is used to cultivate cannabis for from one to five qualifying patients, retroactive to January 1, 2025;

 

     (2)  Repealing existing obsolete statutory language that authorizes a primary caregiver who is the parent, guardian, or person having legal custody of more than one minor qualifying patient to be responsible for the care of more than one minor qualifying patient at any given time, retroactive to January 1, 2025;

 

     (3)  Making the extension of the sunset on interim rules adopted by the Department of Health and sunset on the exemption from civil service of personnel hired by the Department of Health effective upon its approval; and

 

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

 

     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 S.B. No. 1429, S.D. 2, H.D. 3, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 1429, S.D. 2, H.D. 3, C.D. 1.

 

Respectfully submitted on behalf of the managers:

 

ON THE PART OF THE HOUSE

 

ON THE PART OF THE SENATE

 

____________________________

GREGG TAKAYAMA

Co-Chair

 

____________________________

JOY A. SAN BUENAVENTURA

Chair

____________________________

SCOT Z. MATAYOSHI

Co-Chair

 

____________________________

JARRETT KEOHOKALOLE

Co-Chair

____________________________

DAVID A. TARNAS

Co-Chair

 

____________________________

MIKE GABBARD

Co-Chair