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HB1110
HOUSE OF REPRESENTATIVES
H.B. NO.
1110
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO MEDICAL CANNABIS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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SECTION 1.
�
The legislature finds 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.
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Act 241, Session Laws of
Hawaii 2015, provided patient access to medical cannabis beyond the access that
existed prior to the creation of the dispensary system authorized by Act
241.
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However, the intent of the
legislature as expressed in Act 241 was, and continues to be, to expand
qualifying patients' access to cannabis rather than to replace existing access
routes.
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According to the rapid survey of
Hawaii medical cannabis patients and providers conducted by the department of
health in 2022, fifty-five per cent of patients indicated that they obtained
their cannabis exclusively from a licensed medical cannabis dispensary.
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This means that up to forty-five per cent of
patients obtain their cannabis for medical use from other sources, including
cultivation.
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Part of the justification
for establishing the medical cannabis dispensary system was that some patients
may not be able to grow their own supply of medical cannabis due to limitations
such as disability or lack of space.
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These patients should continue to have multiple options for obtaining
medical cannabis, including having a
primary caregiver grow an adequate
supply of cannabis for medical use on their behalf.
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Accordingly,
the purpose of this Act is to maintain and clarify the multiple options
currently available for qualifying patients to access a safe and legal supply
of medical cannabis.
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SECTION
2.
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Section
329-130,
Hawaii Revised Statues, is amended to read as follows:
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"
�329-130
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Authorized sources of medical cannabis.
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(a)
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[
After December 31, 2024
]
A
qualifying patient shall
obtain medical cannabis or manufactured cannabis products only:
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(1)
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From a dispensary licensed pursuant to chapter
329D; provided that the cannabis shall be purchased and paid for at the time of
purchase; [
or
]
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(2)
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By cultivating cannabis in an amount that does
not exceed an adequate supply for the qualifying
patient
[
,
]
pursuant to section 329-122; provided that each location used to cultivate
cannabis shall be used [
by
]
to cultivate cannabis for
no more
than five qualifying patients[
.
]
; or
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(3)
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From the qualifying patient's
primary caregiver who cultivates cannabis in an amount that does not exceed an
adequate supply for the qualifying patient pursuant to section 329-122;
provided that each location used to cultivate cannabis shall be used to cultivate
cannabis for no more than five qualifying patients.
[
After December 31, 2024, no
primary caregiver shall be authorized to cultivate cannabis for any qualifying
patient.
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(b)
�
This section shall not apply to:
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(1)
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A qualifying patient who is a minor or an
adult lacking legal capacity and the primary caregiver is the parent, guardian,
or person having legal custody of a qualifying patient described in the
paragraph; o
r
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(2)
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A qualifying patient on any island on which
there is no medical cannabis dispensary licensed pursuant to chapter 329D.
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(c)
]
(b)
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A qualifying out-of-state
patient and a caregiver of a qualifying out-of-state patient shall be
authorized to obtain cannabis for medical use only from retail dispensing
locations of dispensaries licensed pursuant to chapter 329D."
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SECTION
3.
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Statutory material to be repealed is
bracketed and
stricken
.
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New statutory material is underscored.
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SECTION
4.
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This Act, upon its approval, shall
take effect retroactive to January 1, 2025.
INTRODUCED BY:
_____________________________
BY REQUEST
Report Title:
Department of Health; Office of Medical Cannabis Control
and Regulation; Caregivers; Medical Cannabis; Cultivation
Description:
Retroactively repeals the sunset date of the authorization
for primary caregivers to cultivate medical cannabis for their qualifying
patients.
�
Clarifies that each location
used to cultivate cannabis can be used to cultivate cannabis for no more than
five qualifying patients.
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Effective
1/1/2025.
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not legislation or evidence of legislative intent.