RELATING TO THE MEDICAL USE OF CANNABIS.

HB1390

HOUSE OF REPRESENTATIVES

H.B. NO.

1390

THIRTY-THIRD LEGISLATURE, 2025

STATE OF HAWAII

A BILL FOR AN ACT

RELATING
TO THE MEDICAL USE OF CANNABIS
.

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

PART I

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SECTION 1.
�
This Act may be known and cited as "The
Hawaii Medical Use of Cannabis Act of 2025".

PART II

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SECTION 2.
�
The Hawaii Revised Statutes is amended by
adding a new chapter to title 19 to be appropriately designated and to read as
follows:

"
CHAPTER

MEDICAL
CANNABIS CULTIVATION SITE COLLECTIVE SYSTEM

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� -1
�
Definitions.
�
As used in this chapter:

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"Cannabis" shall have the
same meaning as in section 329-121.

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"Cannabis concentrate"
shall have the same meaning as "marijuana concentrate" in section
712-1240.

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"Cannabis extraction"
means the process of extracting cannabis concentrate from harvested cannabis
using water, lipids, gases, solvents, or other chemicals or chemical processes.

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"Cannabis plant" means a
plant of the genus Cannabis, including Cannabis sativa, Cannabis indica, and
Cannabis ruderalis.

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"Cannabis testing
facility" means a facility that meets the requirements established by the
department pursuant to section 329D-8(a).

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"Caregiver of a qualifying
out-of-state patient" shall have the same meaning as in section 329-121.

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"Child-resistant", with
respect to packaging or a container, means specially designed or constructed to
be significantly difficult for a typical child under five years of age to open
but not significantly difficult for a typical adult to open and reseal.

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"Cultivation area" means
an indoor or outdoor area used for cultivation of mature cannabis plants,
immature cannabis plants, or seedlings in accordance with this chapter, that is
enclosed and equipped with locks or other security devices that permit access
only by a person authorized under this chapter to have access to the area.
�
"Cultivation area" includes one or
more indoor or outdoor areas, whether contiguous or noncontiguous, on the same
parcel or tract of land.

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"Cultivation site
collective" or "collective" means an association, cooperative,
affiliation, or group of primary caregivers who physically assist each other in
the act of cultivation, processing, or distribution of cannabis for medical use
for the benefit of the members of the collective.

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"Department" means the
department of health.

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"Harvested cannabis" means
plant material harvested from a mature cannabis plant, but does not include
stalks, leaves, or roots that are not used for a qualifying patient's medical
use.
�
"Harvested cannabis"
includes cannabis concentrate and cannabis products.

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"Immature cannabis plant"
means a cannabis plant that is in a stage of growth in which the plant's
pistils are not showing or the pistils protrude in pairs from seed bracts that
may be located on multiple nodes of the plant.

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"Licensee" means an individual
or private entity that holds a license pursuant to this chapter.

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"Manufacture" or
"manufacturing" means the production, blending, infusing,
compounding, or other preparation of cannabis concentrate or cannabis products,
including cannabis extraction or preparation by means of chemical synthesis.

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"Manufactured cannabis
product" shall have the same meaning as in section 329D-1.

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"Manufacturing facility"
means a facility at which cannabis is manufactured.

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"Mature cannabis plant"
means a flowering female cannabis plant.

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"Mature plant canopy"
means the total surface area within a cultivation area where mature cannabis
plants are growing.

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"Medical cannabis
dispensary" means a person licensed by the State pursuant to chapter 329D.

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"Medical provider" shall
have the same meaning as in section 329-121.

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"Medical use" shall have
the same meaning as in section 329-121.

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"Officer or director"
means a director, manager, shareholder, board member, partner, or other person
holding a management position or ownership interest in a private entity.

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"Person" means an
individual or private entity.

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"Primary caregiver" shall
have the same meaning as in section 329-121.

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"Private entity" means one
or more individuals, a company, a corporation, a partnership, an association,
or any other type of legal entity, other than a governmental agency.

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"Production" means the
planting, cultivating, growing, or harvesting of cannabis.
�
"Production" includes the
manufacture of medical cannabis products pursuant to this chapter.

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"Qualifying out-of-state
patient" shall have the same meaning as in section 329-121.

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"Qualifying patient" shall
have the same meaning as in section 329-121.

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"Seed-to-sale tracking
system" means an inventory control system that tracks the cultivation,
processing, and sales of cannabis and manufactured cannabis products to
qualifying patients, qualifying out-of-state patients, primary caregivers, and
caregivers of qualifying out-of-state patients.

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"Seedling" means a
cannabis plant or rooted cutting that is not flowering and does not exceed
twenty-four inches in length, height, or width.

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� -2
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Licensure; application process.
�
No individual or private entity shall operate
a cultivation site collective without a license issued by the department.
�
Each license applicant shall:

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(1)
�
Complete and
submit to the department all application forms required and provided by the
department;

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(2)
�
Submit to the
department documentation sufficient to satisfy all applicable residency
requirements of the department, which may include, among other requirements, a
photographic identification card issued by the State;

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(3)
�
Submit to a
criminal history record check, if required by the department; and

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(4)
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Submit to the
department documentation establishing that the applicant has a general excise
tax license issued pursuant to chapter 237.

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� -3
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License; fee; limitation.
�
(a)
�

Each licensed collective shall pay an annual license fee of $2,500.

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(b)
�

License fees shall be deposited in the medical cannabis registry and
regulation special fund established pursuant to section 321-30.1.

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(c)
�

No more than one license shall be granted for a cultivation area within
any tax map key area.

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(d)
�

A licensee may hold no more than one license each for indoor and outdoor
cultivation areas.
�
The department shall
require appropriate disclosures from licensees and potential licensees to
enforce this subsection.

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(e)
�

The department may issue provisional licenses; provided that the
department shall inspect the applicable premises and relevant records of each
provisional licensee to determine whether the provisional licensee should
receive full approval to operate pursuant to this chapter.

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� -4
�
Cultivation areas; limitations; calculation.
�
(a)
�

The mature plant canopy for an indoor cultivation area operated by a
collective shall not exceed one thousand square feet.

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(b)
�

The mature plant canopy for an outdoor cultivation area operated by a
collective shall not exceed five thousand square feet.

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(c)
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The surface area of any mature plant canopy shall be calculated in
square feet and measured using the outside boundaries of the area and shall
include all of the area within the boundaries.
�

If the surface area of the mature plant canopy consists of noncontiguous
areas, each component area shall be separated by identifiable boundaries.
�
If a tiered or shelving system is used in the
cultivation area, the surface area of each tier or shelf shall be included in
calculating the area of the mature plant canopy.
�
Calculation of the surface area of the mature
plant canopy shall not include the areas within the cultivation area that are
not used at any time to cultivate mature cannabis plants.

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(d)
�

Each cultivation area shall be enclosed and locked.
�
Each cultivation area may consist of one or
more areas, whether contiguous or noncontiguous; provided that the mature plant
canopy shall not exceed the mature plant canopy limitations of this section;
provided further that all areas of the cultivation area shall be on the same
parcel or tract of land.

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(e)
�

Each cultivation area shall be controlled by no more than one licensee.

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� -5
�
Pest control; restriction.
�
(a)
�
A
licensee shall not use any pesticide on any cannabis plant in any manner that
is inconsistent with federal labeling requirements or is not authorized by the
department of agriculture.

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(b)
�

A licensee may employ integrated pest management principles; provided
that any pesticide use shall comply with subsection (a).

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� -6
�
Sales to consumers.
�
Each licensee may sell usable cannabis
directly to:

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(1)
�
A qualifying
patient or primary caregiver; provided that the quantity of usable cannabis
sold in a single transaction shall not exceed four ounces; and

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(2)
�
A qualifying
out-of-state patient or caregiver of a qualifying out-of-state patient;
provided that the total quantity of usable cannabis sold to the patient or
caregiver within a fifteen-day period shall not exceed four ounces.

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� -7
�
Packaging; labels.
�
(a)
�

All cannabis and manufactured cannabis products sold by a licensee shall
be contained in packaging designed and labeled to prevent accidental usage by a
person who is not a qualifying patient or qualifying out-of-state patient.
�
Packaging shall:

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(1)
�
Include one or
more labels that include, at minimum:

���������
(A)
�
A statement on the
net contents within the packaging;

���������
(B)
�
A warning about
tetrahydrocannabinol content; and

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(C)
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A child safety
warning; and

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(2)
�
Be
child-resistant.

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(b)
�

If a label on the packaging of any cannabis or manufactured cannabis
product for use by a qualifying patient or qualifying out-of-state patient
includes information about contaminants, the cannabinoid profile, or potency of
the cannabis, the label shall be verified by a cannabis testing facility;
provided that this subsection shall not apply if there is no cannabis testing
facility operating within the State.

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(c)
�

The department may establish additional packaging and labeling
requirements for the purposes of public safety; provided that the department
shall first weigh the potential environmental impacts of any proposed packaging
and labeling requirements against the proposed requirements' potential benefits
to public safety.

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� -8
�
Testing.
�

(a)
�
Testing of cannabis sold by a
licensee may be performed with the consent of the licensee or a qualifying
patient or qualifying out-of-state patient who is a customer of the licensee.

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(b)
�

The department and its employees may conduct mandatory testing of
cannabis in the possession of a licensee.
�

The department shall not assign this responsibility to any other entity
or individual, other than another state agency and its employees.
�
Mandatory testing conducted pursuant to this
section may be conducted without prior notice to a licensee.

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� -9
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Records; reports by licensees.
�
(a)
�

Each licensee shall employ appropriate internal tracking and records of
qualifying patients or qualifying out-of-state patients served by the licensee.

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(b)
�

Each licensee shall retain records of all cannabis transactions and
transfers of cannabis plants and harvested cannabis.
�
The records shall be available for inspection
by the department upon the department's demand.
�

The records shall permit the department to identify the chain of a
cannabis product throughout its life through to sale, but shall protect the
confidentiality of qualifying patients and qualifying out-of-state patients.

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(c)
�

The department shall not require any licensee to participate in a
seed-to-sale tracking system; provided that this subsection shall not be
construed to conflict with the other provisions of this chapter.

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(d)
�

Each licensee shall submit to the department an annual report on the
number of qualifying patients and qualifying out-of-state patients that the
collective has assisted during the most recent fiscal year.

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� -10
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Staffing.
�

Each licensee may employ an unlimited number of employees; provided
that:

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(1)
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Each employee
shall be no less than:

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(A)
�
Twenty-one years
of age; or

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(B)
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Eighteen years of
age, if the employee is an immediate family member of:

�������������
(i)
�
The licensee, if
the licensee is an individual; or

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(ii)
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An officer or
director of the licensee, if the licensee is a private entity; and

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(2)
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The licensee shall
comply with all applicable employment and labor laws.

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� -11
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Restriction on law enforcement access.
�
Unless otherwise authorized by a warrant or
by applicable law, a law enforcement officer shall not require a licensee to
disclose identifying patient information.

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� -12
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Nondiscrimination.
�
Neither an individual's holding of a license
for the cultivation of cannabis as provided in this chapter nor the
individual's role as an officer, director, or employee of a licensee under this
chapter shall be the basis for denying the individual access to employment,
education, child custody rights, parental visitation rights, or housing;
provided that this section shall not apply if:

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(1)
�
Denial of access
to employment or education is necessary for the employer, school, or
educational institution to comply with federal law or a federal contract, or to
receive federal funds;

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(2)
�
In determining
child custody rights or parental visitation rights, a court determines that the
individual's access to or use of medical cannabis is harmful to the best
interests of the child; or

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(3)
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An exception
described in section 421J-16, 514B-113, or 521-39 applies.

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� -13
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Additional licenses.
�
(a)
�
A
licensee shall not be required to obtain an additional license to engage in
nonhazardous cannabis extraction and manufacturing or to prepare solventless
concentrates at its cultivation site; provided that:

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(1)
�
The licensee shall
otherwise obtain licenses and comply with applicable building codes, as
provided by law; and

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(2)
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The department
shall require the licensee to obtain additional licenses to:

���������
(A)
�
Use butane to extract
tetrahydrocannabinol from cannabis plants; or

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(B)
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Engage in other
hazardous activities relating to the extraction or manufacture of cannabis.

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(b)
�

The department shall adopt rules pursuant to chapter 91 necessary for
the purposes of subsection (a)(2).

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� -14
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Transportation.
�
(a)
�

Qualifying patients, qualifying out-of-state patients, primary
caregivers, and caregivers of qualifying out-of-state patients may transport
and receive cannabis cultivated at a site maintained by a licensee, subject to
the quantity and form limitations of this chapter; provided that each transfer
shall be accompanied by documentation that includes:

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(1)
�
The transporting
individual's name and registry identification number, if applicable;

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(2)
�
The name and
license number of the licensee responsible for the cultivation site from which
the cannabis was gathered;

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(3)
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The receiving
individual's name and registry identification number, if applicable, or other
unique identification number;

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(4)
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A description of
the cannabis being transferred, including the quantity and form;

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(5)
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The time and date
of the transfer; and

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(6)
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The location of
the destination of the cannabis.

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(b)
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Each licensee may engage in the wholesale transfer of cannabis plants
and harvested cannabis by the licensee to other licensees within the State,
without any quantity limitations; provided that each licensee shall ensure that
each transport of transferred cannabis is accompanied by the documentation
described in subsection (a), to the extent applicable, and make the
documentation available for inspection by law enforcement officers.

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� -15
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Protections afforded to licensees.
�
(a)
�
A
licensee shall not be subject to prosecution, search, seizure, or penalty in
any manner, including any civil penalty or disciplinary action by a business or
an occupational or professional licensing board or other body, and shall not be
denied any right or privilege solely for acting in accordance with this chapter
for the medical use or for assisting in the medical use of cannabis in
accordance with this chapter.

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(b)
�

An officer or director or assistant of a licensee that is a private
entity shall not be subject to arrest, prosecution, search, seizure, or penalty
in any manner, including any civil penalty or disciplinary action by a business
or an occupational or professional licensing board or other body, and shall not
be denied any right or privilege solely for working for or with another primary
caregiver, cannabis testing facility, manufacturing facility, or medical
cannabis dispensary to provide cannabis plants or cannabis products to
qualifying patients or other primary caregivers, cannabis testing facilities,
manufacturing facilities, or medical cannabis dispensaries, or to otherwise
assist with the medical use of cannabis in accordance with this chapter.

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� -16
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Administration; enforcement; rules; special
procedures.
�
(a)
�
The department shall:

����
(1)
�
Adopt rules
pursuant to chapter 91 necessary for the purposes of this chapter; and

����
(2)
�
Administer and
enforce this chapter and the rules adopted pursuant to chapter 91 and this
chapter;

provided that the administration and enforcement by
the department of this chapter and the rules adopted pursuant to this chapter shall
not be assigned to any agency within the department that is responsible for the
administration and enforcement of the laws governing the manufacture, sale, or
distribution of liquor or alcohol.

����
(b)
�

Before adopting rules pursuant to this chapter and chapter 91, the
department shall consult with qualifying patients, primary caregivers, and
medical providers having significant knowledge and experience certifying
patients under part IX of chapter 329.
�

The department shall develop a process to use when hiring consultants to
advise on rule changes related to this chapter and shall report any subsequent
changes to that process to the standing committees of the legislature having
jurisdiction over matters relating to the medical use of cannabis."

PART III

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SECTION 3.
�
Chapter 329, Hawaii Revised Statutes, is
amended by adding seven new sections to part IX to be appropriately designated
and to read as follows:

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"
�329-A
�
Additional protections; conduct of
qualifying patients.
�
(a)
�
In addition to any other conduct authorized
by this part, a qualifying patient may:

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(1)
�
Cultivate, or
designate a primary caregiver to cultivate, no more than two hundred fifty
square feet of mature flowering canopy within any property having a designated
tax map key;

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(2)
�
Possess
cannabis paraphernalia;

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(3)
�
Furnish or
offer to furnish to another qualifying patient for that patient's medical use
of cannabis no more than two and one-half ounces of usable cannabis for no
remuneration;

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(4)
�
Obtain or
receive cannabis for the patient's medical use without designating a primary
caregiver or a dispensary; provided that a qualifying patient or the parent,
legal guardian, or person having legal custody of a qualifying patient who has
not attained eighteen years of age or who is enrolled in a preschool or primary
or secondary school shall designate, as applicable:

���������
(A)
�
A
primary caregiver who shall cultivate cannabis plants for the patient;

���������
(B)
�
A
long-term care facility to assist with the qualifying patient's medical use of
harvested cannabis; provided that the facility shall not be designated to
cultivate cannabis plants for the patient; and

���������
(C)
�
A
person to obtain harvested cannabis on behalf of the qualifying patient or
transport the harvested cannabis to the qualifying patient; provided that the
person shall possess the person's government-issued photographic identification
that contains the person's address, the qualifying patient's written
certification, and the qualifying patient's designation in order to engage in
this conduct;

���������
provided that a designation
pursuant to this paragraph shall be in a standardized written document,
developed by the department, that is signed and dated by the qualifying patient
or the parent, legal guardian, or person having legal custody of the qualifying
patient and that expires on a date not to exceed the expiration date of the
qualifying patient's written certification; provided further that the document
shall include the signed acknowledgment of the person or facility that the
person or facility may be contacted to confirm the designation of the person or
facility to engage in the conduct authorized;

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(5)
�
Choose a
primary caregiver based solely on the patient's preference; provided that a
parent, legal guardian, or person having legal custody of a qualifying patient
who has not attained eighteen years of age shall serve as primary caregiver for
the patient;

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(6)
�
Be in the
presence or vicinity of the medical use of cannabis and assist any qualifying
patient with using or administering harvested cannabis;

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(7)
�
Accept cannabis
plants or harvested cannabis from a qualifying patient, primary caregiver, or
licensed dispensary if no remuneration is provided to the patient, primary
caregiver, or dispensary;

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(8)
�
Provide samples
to a cannabis testing facility for testing and research purposes;

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(9)
�
Manufacture
cannabis products and cannabis concentrate for medical use;

���
(10)
�
Provide
harvested cannabis to a manufacturing facility and obtain cannabis products and
cannabis concentrate from the manufacturing facility that are produced from the
harvested cannabis the qualifying patient provided to the manufacturing
facility; and

���
(11)
�
Use cannabis in
any form.

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(b)
�

For the purposes of this section:

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"Remuneration" means a
donation or any other monetary payment received directly or indirectly by a
person in exchange for goods or services as part of a transaction in which
cannabis is transferred or furnished by that person to another person.

����
"Sample" means a
cannabis plant or harvested cannabis that is provided for testing or research
purposes to a cannabis testing facility.

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�329-B
�
Record of states authorizing the medical
use of cannabis.
�
The
department of health shall maintain a record of states that authorize the
medical use of cannabis.
�
For each state,
the record shall include a description of documentation the state requires of
patients for the purpose of authorizing the medical use of cannabis.

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�329-C
�
Restrictions on law enforcement access.
�
Unless otherwise authorized by a warrant
or by applicable law, a law enforcement officer shall not:

����
(1)
�
Enter any
location in which a qualifying patient, primary caregiver, qualifying
out-of-state patient, or caregiver of a qualifying out-of-state patient is
conducting activities authorized by this part; or

����
(2)
�
Require a
qualifying patient or qualifying out-of-state patient to disclose identifying
patient information.

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�329-D
�
Excess cannabis; forfeiture.
�
(a)
�

A qualifying patient, primary caregiver, qualifying out-of-state
patient, or caregiver of a qualifying out-of-state patient who possesses usable
cannabis in excess of the limits provided in this part shall:

����
(1)
�
Forfeit the
excess amount to a law enforcement officer; provided that the law enforcement
officer may remove all excess usable cannabis from the person and record the
amount of excess cannabis; and

����
(2)
�
Be penalized
pursuant subsection (b).

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(b)
�
If the amount of the excess is:

����
(1)
�
No more than
four ounces above any amount the person is authorized to possess pursuant to
this part, the penalty shall be a civil fine of no less than $350 and no more
than $600; or

����
(2)
�
More than four
ounces above any amount the person is authorized to possess pursuant to this
part, the penalty shall be a civil fine of no less than $700 and no more than
$1,000.

����
(c)
�
The penalties described in subjection (b) shall
not be suspended.

����
(d)
�
For a second or subsequent violation of this
section, the person's privileges under this part, including any registration,
shall be revoked, and any cannabis plants, harvested cannabis, or usable
cannabis shall be forfeited to a law enforcement officer.

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�329-E
�
Professional responsibilities maintained.
�
Nothing in this part shall be construed to
authorize any person to perform any task under the influence of cannabis when
doing so would constitute negligence or professional malpractice or would
otherwise violate any professional standard.

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�329-F
�
Nondiscrimination.
�
Neither an individual's holding of a valid
certificate for the medical use of cannabis as provided in this part nor the
individual's lawful use of medical cannabis shall be the basis for denying the
individual access to employment, education, child custody rights, parental
visitation rights, or housing; provided that this section shall not apply if:

����
(1)
�
Denial of
access to employment or education is necessary for the employer, school, or
educational institution to comply with federal law or a federal contract, or to
receive federal funds;

����
(2)
�
In determining
child custody rights or parental visitation rights, a court determines that the
individual's access to use of medical cannabis is harmful to the best interests
of the child; or

����
(3)
�
An exception
described in section 421J-16, 514B-113, or 521-39 applies.

����
�329-G
�
Administration; enforcement; rules;
special procedures.
�
(a)
�
The department of health shall:

����
(1)
�
Adopt rules
pursuant to chapter 91 necessary for the purposes of this part; and

����
(2)
�
Administer and
enforce this part and the rules adopted pursuant to chapter 91 and this part;

provided that the administration and enforcement
by the department of health of this part and the rules adopted pursuant to this
part may not be assigned to any agency within the department of health that is
responsible for the administration and enforcement of the laws governing the
manufacture, sale, or distribution of liquor or alcohol.

����
(b)
�
Before adopting rules pursuant to this part
and chapter 91, the department of health shall consult with qualifying
patients, primary caregivers, and medical providers having significant
knowledge and experience certifying patients under this part.
�
The department of health shall develop a
process to use when hiring consultants to advise on rule changes related to
this part and shall report any subsequent changes to that process to the
standing committees of the legislature having jurisdiction over matters
relating to the medical use of cannabis.
"

����
SECTION
4
.
�
Section
329-43.5, Hawaii Revised Statutes, is amended by amending subsection (e) to
read as follows:

����
"(e)
�
Subsections (a) and (b) shall not apply to a
person who is authorized to:

����
(1)
�
Acquire, possess,
cultivate, use, distribute, or transport cannabis pursuant to the definition of
"medical use" under section 329-121, while the person is facilitating
the medical use of cannabis by a qualifying patient; or

����
(2)
�
[
Dispense,
]

Cultivate, dispense,
manufacture, or produce cannabis or manufactured
cannabis products pursuant to and in compliance with chapter 329D[
,
]
or
chapter ,
while the person is facilitating the medical
use of cannabis by a qualifying patient pursuant to part IX [
of chapter 329
]."

����
SECTION
5
.
�
Section
329-121, Hawaii Revised Statutes, is amended as follows:

����
1.
�

By adding six new definitions to be appropriately inserted and to read:

����
"
"Cannabis
paraphernalia" means equipment, products, devices, and materials that are
used for planting, propagating, cultivating, harvesting, processing, preparing,
testing, packaging, or storing cannabis for medical use or used for ingesting,
inhaling, or otherwise consuming cannabis for medical use.
�
"Cannabis paraphernalia" includes:

����
(1)
�
Kits used for
planting, propagating, cultivating, or harvesting a cannabis plant;

����
(2)
�
Isomerization
devices used for adjusting the potency of a cannabis plant;

����
(3)
�
Testing
equipment used for identifying or analyzing the potency, effectiveness, or
purity of a cannabis plant or harvested cannabis;

����
(4)
�
Scales and
balances used for weighing or measuring harvested cannabis;

����
(5)
�
Separation gins
and sifters used for removing twigs and seeds from, or in otherwise cleaning or
refining, harvested cannabis;

����
(6)
�
Envelopes and
other containers used for packaging small quantities of harvested cannabis for
medical use;

����
(7)
�
Containers and
other objects used for storing harvested cannabis;

����
(8)
�
Rolling papers,
cigarette papers, or wraps used for rolling harvested cannabis for smoking;

����
(9)
�
Metal, wooden,
acrylic, glass, stone, plastic, or ceramic pipes, with or without screens,
chillums, or punctured metal bowls used for smoking harvested cannabis; and

���
(10)
�
Electronic
smoking devices used for simulating the smoking of harvested cannabis or
cannabis products through the inhalation of vapor or aerosol from the device.

����
"Cannabis testing
facility" means a facility that meets the requirements established by the
department of health pursuant to section 329D-8(a).

����
"Manufacturing
facility"
shall have this same meaning as in
section -1.

����
"Medical provider"
means a physician, advanced practice registered nurse, or physician assistant
licensed to practice in the State.

����
"Officer or director" shall
have this same meaning as in section -1.

����
"Private entity" shall
have this same meaning as in section -1.
"

����
2.
�

By amending the definition of "adequate supply" to read:

����
"
"Adequate supply"
means an amount of medical cannabis jointly possessed between [
the
qualifying
]
a:

����
(1)
�
Qualifying

patient and the primary caregiver
of the qualifying patient; or

����
(2)
�
Qualifying
out-of-state patient and the caregiver of the qualifying out-of-state patient;

that is [
not
]
no
more than is
reasonably necessary to ensure the uninterrupted availability of cannabis for
the purpose of alleviating the symptoms or effects of [
a qualifying
]
the

patient's debilitating medical condition[
; provided that an "adequate
supply" shall not exceed:
�
ten
cannabis plants, whether immature or mature, and four ounces of usable cannabis
at any given time.
�
The four ounces of
usable cannabis shall include any combination of usable cannabis and
manufactured cannabis products, as provided in chapter 329D, with the cannabis
in the manufactured cannabis products being calculated using information
provided pursuant to section 329D-9(c).
]
, subject to the limitations of
sections 329-122 and 329-130.
"

����
3.
�

By amending the definition of "debilitating medical condition"
to read:

����
"
"Debilitating medical
condition" means:

����
(1)
�
Cancer, glaucoma,
lupus, epilepsy, multiple sclerosis, rheumatoid arthritis, positive status for
human immunodeficiency virus, acquired immune deficiency syndrome, or the
treatment of these conditions;

����
(2)
�
A chronic or
debilitating disease or medical condition or its treatment that produces one or
more of the following:

���������
(A)
�
Cachexia or
wasting syndrome;

���������
(B)
�
Severe pain;

���������
(C)
�
Severe nausea;

���������
(D)
�
Seizures,
including those characteristic of epilepsy;

���������
(E)
�
Severe and persistent
muscle spasms, including those characteristic of multiple sclerosis or Crohn's
disease; or

���������
(F)
�
Post-traumatic
stress disorder; or

����
(3)
�
Any other medical
condition approved by the department of health pursuant to administrative rules
in response to a request from a [
physician or advanced practice registered
nurse
]
medical provider
or potentially qualifying patient."

����
4.
�

By amending the definitions of "primary caregiver",
"qualifying out-of-state patient" and "registered qualifying
out-of-state patient", and
"qualifying
patient"
to read:

����
""Primary caregiver"
means a person
,
eighteen years of age or older, other than the
qualifying patient and the qualifying patient's [
physician or advanced
practice registered nurse,
]
medical provider,
who has agreed to
undertake responsibility for managing the well-being of the qualifying patient
with respect to the medical use of cannabis.
�

[
In the case of a minor or an adult lacking legal capacity, the
primary caregiver shall be a parent, guardian, or person having legal custody.
]"

����
"Qualifying out-of-state
patient" or "registered qualifying out-of-state patient" means a
person who is [
registered
]
:

����
(1)
�
Registered

for the medical use of cannabis in another state, a United States territory, or
the District of Columbia[
.
]
; and

����
(2)
�
Is either:

���������
(A)
�
Not
a resident of the State; or

���������
(B)
�
Has
been a resident of the State for fewer than thirty days.

����
"Qualifying patient" means
a person
who has been a resident of the State for at least thirty days and

who has been diagnosed by a [
physician or advanced practice registered nurse
]

medical provider
as having a debilitating medical condition."

����
5.
�

By amending the definition of "written certification" to read:

����
"
"Written
certification" means the qualifying patient's medical records or a
statement signed by a qualifying patient's [
physician or advanced practice
registered nurse,
]
medical provider,
stating that in the [
physician's
or advanced practice registered nurse's
]
medical provider's

professional opinion, the qualifying patient has a debilitating medical
condition and the potential benefits of the medical use of cannabis would
likely outweigh the health risks for the qualifying patient.
�
[
The department of health may require,
through its rulemaking authority, that all written certifications comply with a
designated form.
�
"Written
certifications" are valid for one year from the time of signing; provided
that the department of health may
allow for the validity of any written certification for three years if the
qualifying patient's physician or advanced practice registered nurse states
that the patient's debilitating medical condition is chronic in nature
.
]"

����
6.
�

By repealing the definition of "adequate supply for a qualifying
out-of-state patient":

����
["
"Adequate supply for
a qualifying out-of-state patient" means an amount of cannabis
individually possessed by a qualifying out-of-state patient or jointly
possessed by a qualifying out-of-state patient who is under eighteen years old
and the caregiver of the qualifying out-of-state patient that is not more than
is reasonably necessary to ensure the uninterrupted availability of cannabis
for the purpose of alleviating the symptoms or effects of the qualifying
out-of-state patient's debilitating medical condition; provided that an
"adequate supply for a qualifying out-of-state patient" shall not
exceed four ounces of usable cannabis at any given time and shall not include
live plants.
�
The four ounces of usable
cannabis shall include any combination of usable cannabis and manufactured
cannabis products, as provided in chapter 329D; provided that the usable
cannabis in the manufactured products shall be calculated using information
provided pursuant to section 329D-9(c).
"]

����
SECTION
6
.
�
Section
329-122, Hawaii Revised Statutes, is amended as follows:

����
1.
�

By amending subsections (a), (b), (c), and (d) to read:

����
"(a)
�
Notwithstanding any law to the contrary, the
medical use of cannabis by a qualifying patient shall be permitted only if:

����
(1)
�
The qualifying
patient has been diagnosed by a [
physician or advanced practice registered
nurse
]
medical provider
as having a debilitating medical condition;

����
(2)
�
The qualifying
patient's [
physician or advanced practice registered nurse
]
medical
provider
has certified in writing that, in the [
physician's or advanced
practice registered nurse's
]
medical provider's
professional
opinion, the potential benefits of the medical use of cannabis would likely
outweigh the health risks for the particular qualifying patient; and

����
(3)
�
The amount of
cannabis possessed by the qualifying patient
at any given time
does not
exceed an adequate supply[
.
]
for a qualifying patient, which shall be
eight pounds of usable cannabis, or the amount cultivated as described in
section 329-A(1).

����
(b)
�

Subsection (a) shall not apply to a qualifying patient under the age of
eighteen years, unless:

����
(1)
�
The qualifying
patient's [
physician or advanced practice registered nurse
]
medical
provider
has explained the potential risks and benefits of the medical use
of cannabis to the qualifying patient and to a parent, guardian, or person
having legal custody of the qualifying patient; and

����
(2)
�
A parent,
guardian, or person having legal custody consents in writing to:

���������
(A)
�
Allow the
qualifying patient's medical use of cannabis;

���������
(B)
�
Serve as the
qualifying patient's primary caregiver; and

���������
(C)
�
Control the
acquisition of the cannabis, the dosage, and the frequency of the medical use
of cannabis by the qualifying patient.

����
(c)
�

Notwithstanding any law to the contrary, the medical use of cannabis
within the State by a qualifying out-of-state patient aged eighteen years or
older legally authorized to use cannabis for medical purposes in another state,
a United States territory, or the District of Columbia shall be permitted only
if the qualifying out-of-state patient[
:

����
(1)
�
Provides to the
department of health a valid medical use of cannabis card with an explicit
expiration date that has not yet passed from the issuing jurisdiction and a
valid photographic identification card or driver's license issued by the same
jurisdiction;

����
(2)
�
Attests under
penalty of law pursuant to section 710-1063 that the condition for which the
qualifying out-of-state patient is legally authorized to use cannabis for
medical purposes is a debilitating medical condition as defined in section
329-121;

����
(3)
�
Provides
consent for the department of health to obtain information from the qualifying
out-of-state patient's certifying medical provider and from the entity that
issued the medical cannabis card for the purpose of allowing the department of
health to verify the information provided in the registration process;

����
(4)
�
Pays the
required fee for out-of-state registration to use cannabis for medical
purposes;

����
(5)
�
Registers with
the department of health pursuant to section 329-123.5 to use cannabis for
medical purposes;

����
(6)
�
Receives a
medical cannabis registry card from the department of health; and

����
(7)
�
Abides
]
abides

by all laws relating to the medical use of cannabis, including not possessing
at
any given time
an amount of cannabis that exceeds an adequate supply[
.
]

for a qualifying out-of-state patient, which shall be four ounces of usable
cannabis.

����
(d)
�

Notwithstanding any law to the contrary, the medical use of cannabis by
a qualifying out-of-state patient under eighteen years of age shall only be
permitted if[
:

����
(1)
�
The caregiver
of the qualifying out-of-state patient provides the information required
pursuant to subsection (c); and

����
(2)
]

(1)
�
The caregiver of the qualifying
out-of-state patient consents in writing to:

���������
(A)
�
Allow the
qualifying out-of-state patient's medical use of cannabis;

���������
(B)
�
Undertake the
responsibility for managing the well-being of the qualifying out-of-state
patient who is under eighteen years of age with respect to the medical use of
cannabis; and

���������
(C)
�
Control the
acquisition of the cannabis, the dosage, and the frequency of the medical use
of cannabis by the qualifying out-of-state patient who is under eighteen years
of age[
.
]
; and

����
(2)
�
The caregiver
of the qualifying out-of-state patient submits the written consent to the
department of health before the qualifying out-of-state patient engages in the
medical use of cannabis.
"

����
2.
�

By amending subsection (f) to read:

����
"
(f)
�
For the purposes of this section, [
"transport"
means
] the
authorized
transportation of cannabis, usable cannabis,
or any manufactured cannabis product
shall be limited to transportation

between:

����
(1)
�
A qualifying patient and the qualifying
patient's primary caregiver;

����
(2)
�
A
qualifying out-of-state patient under
eighteen years of age and the caregiver of a qualifying out-of-state patient;

����
(3)
�
The production centers and the retail
dispensing locations under a dispensary licensee's license;

����
(4)
�
Dispensaries, to the extent authorized by
section 329D-6(r); [
or
]

����
(5)
�
A production center, retail dispensing
location, qualifying patient, primary caregiver
, qualifying out-of-state
patient, or caregiver of a qualifying out-of-state patient
and
a certified laboratory for the purpose of laboratory testing[
;
]
and research purposes;

provided

that a qualifying patient, primary caregiver, qualifying out-of-state patient,
or caregiver of a qualifying out-of-state patient may only transport up to one
gram of cannabis per test to a certified laboratory for laboratory testing
and
research purposes
and may only transport the product if the qualifying
patient, primary caregiver
, qualifying out-of-state patient, or
caregiver of a qualifying out-of-state patient:

���������
(A)
�
Secures an
appointment for testing at a certified laboratory;

���������
(B)
�
Obtains
confirmation, which may be electronic, that includes the specific time and date
of the appointment and a detailed description of the product and amount to be
transported to the certified laboratory for the appointment; and

���������
(C)
�
Has the
confirmation, which may be electronic, available during transport[
.
]
;
or

����
(6)
�
Any two points
within an island of the State, if the person performing the transportation is a
qualifying patient and the cannabis is for the patient's medical use.

����
For purposes of interisland
transportation, [
"transport"
]
the transportation
of
cannabis, usable cannabis, or any manufactured cannabis product,
by
any means [
is
]
shall be
allowable only between dispensaries to
the extent authorized by section 329D-6(r) and between a production center or
retail dispensing location and a certified laboratory
for the sole
purpose of laboratory testing pursuant to section 329D-8, as permitted under
section 329D-6(m) and subject to section 329D-6(j)[
,
]
; and between
cultivation site licensees pursuant to chapter ,
and with
the understanding that state law and its protections do not apply outside of
the jurisdictional limits of the State.
�
Allowable
[
transport
]
transportation
pursuant to this section [
does
]

shall
not include interisland transportation by any means or for any
purpose between a qualifying patient, primary caregiver,
qualifying
out-of-state patient, or caregiver of a qualifying out-of-state patient
and
any other entity or individual, including an individual who is a qualifying
patient, primary caregiver,
qualifying out-of-state patient, or
caregiver of a qualifying out-of-state patient."

����
SECTION
7
.
�
Section
329-123, Hawaii Revised Statutes, is amended by amending subsections (a), (b),
and (c) to read as follows:

����
"(a)
�
[
Physicians or advanced practice
registered nurses
]
Medical providers
who issue written
certifications shall provide, in each written certification, the name, address,
patient identification number, and other identifying information of the
qualifying patient.
�
The department of
health shall require, in rules adopted pursuant to chapter 91, that all written
certifications comply with a designated form completed by or on behalf of a
qualifying patient.
�
The form shall
require information from the applicant, primary caregiver, and [
physician or
advanced practice registered nurse
]
medical provider
as specifically
required or permitted by this chapter.
�

The form shall require the address of the location where the cannabis is
grown and shall appear on the registry card issued by the department of health.
�
The certifying [
physician or advanced
practice registered nurse
]
medical provider
shall be required to
have a bona fide [
physician-patient relationship or bona fide advanced
practice registered nurse-patient relationship, as applicable,
]
medical
provider-patient relationship
with the qualifying patient.
�
Each written certification shall be valid
for one year from the time of signing; provided that the department of health
may allow for the validity of any written certification for three years if the
qualifying patient's medical provider states that the debilitating medical
condition is chronic in nature.
�
All
current active medical cannabis permits shall be honored through their
expiration date.

����
(b)
�
Qualifying patients shall register with the
department of health.
�
The registration
shall be effective until the expiration of the certificate issued by the
department of health and signed by the [
physician or advanced practice
registered nurse.
]
medical provider.
�

Every qualifying patient shall provide sufficient identifying
information to establish the personal identities of the qualifying patient and
the primary caregiver.
�
Qualifying patients
shall report changes in information within ten working days.
�
Every qualifying patient [
shall
]
who
is an adult may
have [
only one
] primary [
caregiver
]
caregivers

at any given time[
.
]
, to the extent necessary to effectively assist
the patient.
�
The department of
health shall issue to the qualifying patient a registration certificate [
and
]
.
�
The department of health shall not charge a
fee for a patient to receive a written certification, but
may charge [
a
]

an annual
fee for [
the certificate
]
registration
in an
amount adopted by rules pursuant to chapter 91[
.
]
, subject to the
limitations of section 321-30.1(c).
�

Every qualifying patient shall provide to inspectors from the department
of health appropriate documentation demonstrating the patient's status as a
patient and the patient's age, when circumstances warrant.

����
(c)
�

Primary caregivers shall register with the department of health.
�
[
Every primary caregiver shall be
responsible for the care of only one qualifying patient at any given time,
unless the primary caregiver is the
parent, guardian, or person having legal custody of more than one minor
qualifying patient, in which case the primary caregiver may be responsible for
the care of more than one minor qualifying patient at any given time; provided
that the primary caregiver is the parent, guardian, or person having legal
custody of all of the primary caregiver's qualifying patients.
]
�

The department of health [
may
]
shall
permit registration
of [
up to two
]
multiple
primary caregivers for a minor qualifying
patient; provided that [
both
]
no fewer than one
primary [
caregivers
are the
]
caregiver shall be a
parent, guardian, or person having
legal custody of the minor qualifying patient."

����
SECTION
8
.
�
Section
329-123.5, Hawaii Revised Statutes, is amended to read as follows:

����
"
�329-123.5
�
Registration [
requirements;
]

not required;
qualifying out-of-state patient; caregiver of a qualifying
out-of-state patient.
�
[
(a)
]
�
Notwithstanding section 329-123, a qualifying
out-of-state patient and a caregiver of a qualifying out-of-state patient shall

not be required to
register with the department of health [
as
established by rule.
�
The registration
shall be effective for no more than sixty days and may be renewed for no more
than one additional sixty-day period that begins no later than twelve months
after the preceding registration date; provided that the department shall not
register any qualifying out-of-state patient for a period that exceeds the term
of validity of the qualifying out-of-state patient's authority to use medical
cannabis in the qualifying out-of-state patient's home jurisdiction.

����
(b)
�
A qualifying out-of-state patient aged
eighteen or older, at a minimum, shall meet the following criteria for
registration:

����
(1)
�
Provide a valid
government-issued medical cannabis card issued to the qualifying out-of-state
patient by another state, United States territory, or the District of Columbia;
provided that the medical cannabis card has an expiration date and has not
expired;

����
(2)
�
Provide a valid
photographic identification card or driver's license issued by the same
jurisdiction that issued the medical cannabis card; and

����
(3)
�
Have a
debilitating medical condition, as defined in section 329-121.

����
(c)
�
A qualifying out-of-state patient under
eighteen years of age may be registered pursuant to this section only if the
qualifying patient has a debilitating medical condition as defined in section
329-121 and the caregiver of the qualifying out-of-state patient, at a minimum,
meets the requirements of paragraphs (1) and (2) of subsection (b) and consents
in writing to:

����
(1)
�
Allow the
qualifying out-of-state patient's medical use of cannabis;

����
(2)
�
Undertake the
responsibility for managing the well-being of the qualifying out-of-state
patient who is under eighteen years of age, with respect to the medical use of
cannabis; and

����
(3)
�
Control the
acquisition of the cannabis, the dosage, and the frequency of the medical use
of cannabis by the qualifying out-of-state patient who is under eighteen years
of age.

����
(d)
�
In the case of any qualifying out-of-state
patient who is under eighteen years of age, the department of health shall
register the qualifying out-of-state patient and the caregiver of the
qualifying out-of-state patient; provided that the department may register two
caregivers for a qualifying out-of-state patient if each caregiver is the
parent, guardian, or person having legal custody of the qualifying out-of-state
patient who is under eighteen years of age.

����
(e)
�

Each qualifying out-of-state patient shall pay a fee in an amount
established by rules adopted by the department pursuant to chapter 91 for each
registration and renewal.

����
(f)
�
Upon inquiry by a law enforcement agency, the
department of health shall immediately verify whether the subject of the
inquiry has registered with the department of health and may provide reasonable
access to the registry information for official law enforcement purposes.
�
An inquiry and verification under this
subsection may be made twenty-four hours a day, seven days a week.

����
(g)
�
The department of health may temporarily
suspend the registration of a qualifying out-of-state patient or a registered
caregiver of a qualifying out-of-state patient for a period of up to thirty
days if the department of health determines that the registration process for
qualifying patients or primary caregivers is being adversely affected or the
supply of cannabis for medical use available in licensed dispensaries is
insufficient to serve qualifying patients and qualifying out-of-state
patients.
�
A temporary suspension may be
extended by thirty-day periods until the department of health determines
that:

����
(1)
�
Adequate
capacity exists to register
qualifying out-of-state patients and
caregivers of qualifying out-of-state patients in addition to qualifying
patients and primary caregivers; and

����
(2)
�
The licensed
dispensaries are able to meet the demands of qualifying patients
]."

����
SECTION
9
.
�
Section
329-125, Hawaii Revised Statutes, is amended to read as follows:

����
"
�329-125
�
Protections afforded to
a qualifying patient, primary caregiver, qualifying out-of-state patient, or
caregiver of a qualifying out-of-state patient.
�
(a)
�
A
qualifying patient, primary caregiver, qualifying out-of-state patient, or
caregiver of a qualifying out-of-state patient [
may assert the medical use
of cannabis authorized under this part as an affirmative defense to any
prosecution involving marijuana under this part, part IV, or part IV of chapter
712; provided that the qualifying patient, primary caregiver, qualifying
out-of-state patient, or caregiver of a qualifying out-of-state patient
strictly complied with the requirements of this part.
]
shall not be
subject to prosecution, search, seizure, or penalty in any manner, including
any civil penalty or disciplinary action by a business or an occupational or
professional licensing board or other body, and shall not be denied any right
or privilege solely for acting in accordance with this part for the medical use
or for assisting in the medical use of cannabis in accordance with this part.

����
(b)
�
An officer or director or assistant of a
primary caregiver that is a private entity shall not be subject to arrest,
prosecution, search, seizure, or penalty in any manner, including any civil
penalty or disciplinary action by a business or an occupational or professional
licensing board or other body, and shall not be denied any right or privilege
solely for working for or with another primary caregiver, cannabis testing
facility, manufacturing facility, or medical cannabis dispensary to provide
cannabis plants and cannabis products to qualifying patients or other primary
caregivers, cannabis testing facilities, manufacturing facilities, or medical cannabis
dispensaries, or to otherwise assist with the medical use of cannabis in
accordance with this chapter.

����
[
(b)
]
(c)
�
Any qualifying patient, primary caregiver,
qualifying out-of-state patient, or caregiver of a qualifying out-of-state
patient not complying with the permitted scope of the medical use of cannabis
shall not be afforded the protections against searches and seizures pertaining
to the misapplication of the medical use of cannabis.

����
[
(c)
]
(d)
�
No person shall be subject to arrest or
prosecution for simply being in the presence or vicinity of the medical use of
cannabis as permitted under this part."

����
SECTION
10
.
�
Section
329-127, Hawaii Revised Statutes, is amended by amending subsection (a) to read
as follows:

����
"(a)
�
Cannabis,
cannabis
paraphernalia, or
other property
in connection with a claimed medical use of cannabis under
this part shall not be
seized
by any law enforcement officer
from a
qualifying patient [
or
]
,
primary caregiver [
in connection with
a claimed medical use of cannabis under this part
]
, cannabis testing
facility, manufacturing facility, or licensed medical cannabis dispensary,
except when necessary for an ongoing criminal or civil investigation.
�
A law enforcement officer who has improperly
seized cannabis or other property shall return the cannabis or other property
to the owner of the cannabis or other property within seven days after
receiving the owner's written request for the return.
�
Further, any property seized
shall be
returned immediately upon the determination by a court that the qualifying
patient or primary caregiver is entitled to the protections of this part, as
evidenced by a decision not to prosecute, dismissal of charges, or an
acquittal; provided that law enforcement agencies seizing live plants as
evidence shall not be responsible for the care and maintenance of [
such
]

the
plants."

PART IV

����
SECTION
11
.
�
Section
329D-7, Hawaii Revised Statutes, is amended to read as follows:

����
"
�329D-7
�
Medical cannabis
dispensary rules.
�
The department
shall establish standards with respect to:

����
(1)
�
The number of
medical cannabis dispensaries that shall be permitted to operate in the State;

����
(2)
�
A fee structure
, set by rules adopted
pursuant to chapter 91,
for:

���������
(A)
�
The submission of
applications and renewals of licenses to dispensaries; provided that the
department shall consider the market conditions in each county in determining
the license renewal fee amounts;

���������
(B)
�
The submission of
applications and renewals for each additional production center; and

���������
(C)
�
Dispensary-to-dispensary
sales authorized by section 329D-6(r);

���������
provided that no designated fee
shall increase by more than two and one-half per cent annually;

����
(3)
�
Criteria and procedures for the consideration and selection,
based on merit, of applications for
licensure of dispensaries; provided
that the criteria shall include but not be limited to an applicant's:

���������
(A)
�
Ability to operate
a business;

���������
(B)
�
Financial
stability and access to financial resources; provided that applicants for
medical cannabis dispensary licenses shall provide documentation that
demonstrates control of [
not
]
no
less than $1,000,000 in the form
of escrow accounts, letters of credit, surety bonds, bank statements, lines of
credit
,
or the equivalent to begin operating the dispensary;

���������
(C)
�
Ability to comply
with the security requirements developed pursuant to paragraph (6);

���������
(D)
�
Capacity to meet
the needs of qualifying patients and qualifying out-of-state patients;

���������
(E)
�
Ability to comply
with criminal background check requirements developed pursuant to paragraph
(8); and

���������
(F)
�
Ability to comply
with inventory controls developed pursuant to paragraph (13);

����
(4)
�
Specific requirements regarding annual audits and reports
required from each production center and dispensary licensed pursuant to this
chapter;

����
(5)
�
Procedures for announced and unannounced inspections by the
department or its agents of production centers and dispensaries licensed
pursuant to this chapter;
provided that inspections for license renewals
shall be unannounced;

����
(6)
�
Security
requirements for the operation of production centers and retail dispensing
locations; provided that, at a minimum, the following shall be required:

���������
(A)
�
For production
centers:

�������������
(i)
�
Video monitoring
and recording of the premises; provided that recordings shall be retained for
fifty days;

������������
(ii)
�
Fencing that
surrounds the premises and that is sufficient to reasonably deter intruders and
prevent anyone outside the premises from viewing any cannabis in any form;

�����������
(iii)
�
An alarm system;
and

������������
(iv)
�
Other reasonable
security measures to deter or prevent intruders, as deemed necessary by the
department; and

���������
(B)
�
For retail
dispensing locations:

�������������
(i)
�
Presentation of a
valid government-issued photo identification [
and a valid identification as
issued by the department pursuant to section 329-123 by a qualifying patient or
caregiver, or section 329-123.5 by a qualifying out-of-state patient or
caregiver of a qualifying out-of-state patient
], upon entering the
premises;

������������
(ii)
�
Presentation
of valid identification of a person as a qualifying patient or primary
caregiver, as issued by the department pursuant to section 329-123, if the
person is a qualifying patient or primary caregiver;

�����������
(iii)
�
Presentation
of valid identification of a person as a qualifying out-of-state patient or
caregiver of a qualifying out-of-state patient, as issued by the appropriate
governmental agency of the person's state of residence, if the person is a
qualifying out-of-state patient or caregiver of a qualifying out-of-state
patient;

����������
[
(ii)
]
�
(iv)
�
Video monitoring and recording of the
premises; provided that [
recording
]
recordings
shall be retained
for fifty days;

����������
[
(iii)
]
�
(v)
�
An alarm system;

����������
[
(iv)
]
�
(vi)
�
Exterior lighting; and

�����������
[
(v)
]
�
(vii)
�
Other reasonable security measures as deemed
necessary by the department;

����
(7)
�
Security
requirements for the transportation of cannabis and manufactured cannabis
products between production centers and retail
dispensing
locations and between a production
center, retail dispensing location, qualifying patient, primary caregiver,
qualifying out-of-state patient, or caregiver of a qualifying out-of-state
patient and a certified laboratory, pursuant to section 329-122(f);

����
(8)
�
Standards and
criminal background checks to ensure the reputable and responsible character
and fitness of all license applicants, licensees, employees, subcontractors and
their employees, and prospective employees of medical cannabis dispensaries to
operate a dispensary; provided that the standards, at a minimum, shall exclude
from licensure or employment any person convicted of any felony;

����
(9)
�
The training and
certification of operators and employees of production centers and
dispensaries;

���
(10)
�
The types of
manufactured cannabis products that dispensaries shall be authorized to
manufacture and sell pursuant to sections 329D-9 and 329D-10;

���
(11)
�
Laboratory
standards related to testing cannabis and manufactured cannabis products for
content, contamination, and consistency;

���
(12)
�
The quantities of
cannabis and manufactured cannabis products that a dispensary may sell or
provide to a qualifying patient, primary caregiver, qualifying out-of-state
patient, or caregiver of a qualifying out-of-state patient; provided that no
dispensary shall sell or provide to a qualifying patient, primary caregiver,
qualifying out-of-state patient, or caregiver of a qualifying out-of-state
patient any combination of cannabis and manufactured cannabis products that:

���������
(A)
�
During a period of
fifteen consecutive days, exceeds the equivalent of four ounces of cannabis; or

���������
(B)
�
During a period of
thirty consecutive days, exceeds the equivalent of eight ounces of cannabis;

���
(13)
�
Dispensary and
production center inventory controls to prevent the unauthorized diversion of
cannabis or manufactured cannabis products or the distribution 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
in quantities that exceed limits established by this chapter; provided that the
controls, at a minimum, shall include:

���������
(A)
�
A computer
software tracking system as specified in section 329D-6(j) and (k); and

���������
(B)
�
Product packaging
standards sufficient to allow law enforcement personnel to reasonably determine
the contents of an unopened package;

���
(14)
�
Limitation to the
size or format of signs placed outside a retail
dispensing
location or production center;
provided that the signage limitations, at a minimum, shall comply with section
329D-6(o)(2) and shall not include the image of a cartoon character or other
design intended to appeal to children;

���
(15)
�
The disposal or
destruction of unwanted or unused cannabis and manufactured cannabis products;

���
(16)
�
The enforcement of
the following prohibitions against:

���������
(A)
�
The sale or
provision of cannabis or manufactured cannabis products to unauthorized
persons;

���������
(B)
�
The sale or
provision 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 in quantities that exceed limits established by
this chapter;

���������
(C)
�
Any use or
consumption of cannabis or manufactured cannabis products on the premises of a
retail dispensing location or production center; and

���������
(D)
�
The distribution
of cannabis or manufactured cannabis products, for free, on the premises of a
retail dispensing location or production center;

���
(17)
�
The establishment
of a range of penalties for violations of this chapter or rule adopted thereto;

���
(18)
�
A process to
recognize [
and register
] patients who are authorized to purchase,
possess, and use medical cannabis in another state, a United States territory,
or the District of Columbia as qualifying out-of-state patients[
; provided
that this registration process may commence no sooner than January 1, 2018
];
and

���
(19)
�
Security
requirements and restrictions regarding waiting rooms, including but not
limited to:

���������
(A)
�
Security measures
to prevent unauthorized access to any area within the retail dispensing
location outside of the waiting room;

���������
(B)
�
Restrictions on
marketing and advertising within the waiting room;

���������
(C)
�
Restrictions on
signage within the waiting room; and

���������
(D)
�
Other reasonable
security measures or restrictions as deemed necessary by the department."

����
SECTION
12
.
�
Section
329D-13, Hawaii Revised Statutes, is amended by amending subsection (c) to read
as follows:

����
"(c)
�
[
Beginning on January 1, 2018, this
]
This

section may apply to qualifying out-of-state patients from other states,
territories of the United States, or the District of Columbia; provided that
the patient meets the [
registration
] requirements of [
section
329-123.5.
]
part IX of chapter 329.
"

PART V

����
SECTION 13.
�
Chapter 237, Hawaii Revised Statutes, is
amended by adding a new section to be appropriately designated and to read as
follows:

����
"
�237-
�
Additional amounts not taxable; medical
cannabis.
�
In addition to the
amounts not taxable under section 237-24, this chapter shall not apply to sales
of cannabis conducted pursuant to chapter , except for retail
sales to consumers.
"

����
SECTION
14
.
�
Section
201-13.9, Hawaii Revised Statutes, is amended to read as follows:

����
"
�201-13.9
�
Medical cannabis;
economic and other data; collection.
�

(a)
�
The department shall
continuously collect de‑identified information regarding the medical
cannabis registry and dispensary programs established pursuant to chapters 329 [
and
]
,

329D,
and ,
including [
but not limited to
]
information regarding the:

����
(1)
�
Quantities of
cannabis cultivated and dispensed;

����
(2)
�
Number
of applications received by the department of health to register as a
qualifying patient or primary caregiver;

���
[
(2)
]

(3)
�
Number of qualifying patients[
;
]

and primary caregivers registered, by county of residence;

����
(4)
�
Number of
qualifying patients and primary caregivers whose privileges have been suspended
or revoked;

����
(5)
�
Number of
medical providers providing written certifications for qualifying patients;

����
(6)
�
Number of
licensed cultivation site collectives, by county;

���
[
(3)
]

(7)
�
Geographic areas in which cannabis is
cultivated and consumed;

���
[
(4)
]

(8)
�
Prices of cannabis and related
products;

���
[
(5)
]

(9)
�
Number of employment opportunities
related to cannabis; and

���
[
(6)
]

(10)
�
Economic impact of cannabis
cultivation and sales.

����
(b)
�

The department of health [
and
]
,
dispensaries licensed
pursuant to chapter 329D
, and cultivation site collectives licensed pursuant
to chapter
shall provide de-identified aggregated data
as required by the department pursuant to this section.

����
(c)
�

[
Upon request, the
]
The
department shall provide an
annual
report and
analysis of the aggregated de-identified data to the department
of health and the legislature[
.
]
no later than twenty days prior to
each regular session.
"

����
SECTION
15
.
�
Section
321-30.1, Hawaii Revised Statutes, is amended to read as follows:

����
"
�321-30.1
�
Medical cannabis
registry and regulation special fund; established.
�
(a)
�

There [
is
]
shall be
established within the state treasury
the medical cannabis registry and regulation special fund.
�
The fund shall be expended at the discretion
of the director of health:

����
(1)
�
To establish and
regulate [
a system
]
systems
of medical cannabis dispensaries
and
cultivation site collectives
in the State;

����
(2)
�
To offset the cost
of the processing and issuance of patient registry identification certificates
and primary caregiver registration certificates;

����
(3)
�
To fund positions
and operating costs authorized by the legislature;

����
(4)
�
To establish and
manage a secure and confidential database;

����
(5)
�
To fund public
education as required by section 329D-26;

����
(6)
�
To fund substance
abuse prevention and education programs; and

����
(7)
�
For any other
expenditure necessary, consistent with this chapter and [
chapter
]
chapters

329D[
,
]
and ,
to implement medical cannabis
registry and regulation programs.

����
(b)
�

The fund shall consist of all moneys derived from fees collected
pursuant to subsection (c) and [
section
]
sections
329D-4[
.
]

and -3.
�
There [
is
]

shall be
established within the medical cannabis registry and regulation
special fund:

����
(1)
�
A medical cannabis
registry program [
sub-account,
]
subaccount,
into which shall be
deposited all fees collected pursuant to subsection (c); [
and
]

����
(2)
�
A medical cannabis
dispensary program [
sub-account,
]
subaccount,
into which shall be
deposited all fees collected pursuant to section 329D-4[
.
]
; and

����
(3)
�
A medical
cannabis cultivation collective system subaccount, into which shall be
deposited all fees collected pursuant to section -3.

����
(c)
�

The department, upon completion of the transfer of the medical use of
cannabis program, shall charge a medical cannabis registration fee to each
qualifying patient, other than a qualifying out-of-state patient, of
no less
than $20 per year and
no more than [
$35
]
$50
per year."

����
SECTION
16
.
�
Section
421J-16, Hawaii Revised Statutes, is amended to read as follows:

����
"
�421J-16
�
Medical cannabis;
discrimination.
�
(a)
�
A provision in any
association document allowing for any of the discriminatory practices listed in
section 515-3(a)(1) to (7) against a person residing in a unit who [
has
]
:

����
(1)
�
Has
a valid
certificate for the medical use of cannabis as provided in section 329-123 in
any form
�
[
is
]
;

����
(2)
�
Holds a license
to cultivate cannabis pursuant to chapter ; or

����
(3)
�
Is an officer,
director, or employee of a private entity that holds a license to cultivate
cannabis pursuant to chapter ,

shall be
void, [
unless the
]
except
as provided in subsection (b).

����
(b)
�
Subsection (a) shall not apply if:

����
(1)
�
The

association document
also
prohibits the smoking of tobacco and the
medical cannabis is used by means of smoking[
.
]
; or

����
(2)
�
The relevant
provision is necessary for the association to comply with federal law or a federal
contract, or to receive federal funds.

����
(c)
�
Nothing in this section shall be construed to
diminish the obligation of a planned community association to provide
reasonable accommodations for persons with disabilities pursuant to section
515-3(a)(9)."

����
SECTION
17
.
�
Section
514B-113, Hawaii Revised Statutes, is amended to read as follows:

����
"
�
514B-113
�

Medical cannabis; discrimination.
�
(a)
�

A
provision in any articles of incorporation, declaration, bylaws, administrative
rules, house rules, or association documents of a condominium allowing for any
of the discriminatory practices listed in section 515-3(a)(1) to (7) against a
person residing in a unit who [
has
]
:

����
(1)
�
Has
a valid
certificate for the medical use of cannabis as provided in section 329-123 in
any form [
is
]
;

����
(2)
�
Holds a license
to cultivate cannabis pursuant to chapter ; or

����
(3)
�
Is an officer,
director, or employee of a private entity that holds a license to cultivate
cannabis pursuant to chapter ,

shall be
void, [
unless the
]
except as provided in
subsection (b).

����
(b)
�
Subsection (a) shall not apply if:

����
(1)
�
The

documents
also
prohibit the smoking of tobacco and the medical cannabis
is used by means of smoking[
.
]
; or

����
(2)
�
The relevant
provision is necessary for the condominium to comply with federal law or a
federal contract, or to receive federal funds.

����
(c)
�
Nothing in this section shall be construed to
diminish the obligation of a condominium association to provide reasonable
accommodations for persons with disabilities pursuant to section 515-3(a)(9).
"

����
SECTION
18
.
�
Section
521-39, Hawaii Revised Statutes, is amended to read as follows:

����
"
�521-39
�
Medical cannabis; tenant
use; eviction.
�
(a)
�
A provision in a rental agreement allowing
for eviction of a tenant who [
has
]
:

����
(1)
�
Has
a valid
certificate for the medical use of cannabis as provided in section 329-123 in
any form [
is
]
;

����
(2)
�
Holds a license
to cultivate cannabis pursuant to chapter ; or

����
(3)
�
Is an officer,
director, or employee of a private entity that holds a license to cultivate
cannabis pursuant to chapter ,

shall be
void, [
unless the
]
except
as provided in subsection (b).

����
(b)
�
Subsection (a) shall not apply if:

����
(1)
�
The
rental
agreement
also
allows for eviction for smoking tobacco and the medical cannabis
is used by means of smoking; [
provided that this section shall not apply
where the
]

����
(2)
�
The
articles
of incorporation, declaration, bylaws, administrative rules, house rules,
association documents, or a similar document of a condominium property regime
or planned community association
also
prohibits the
smoking of
tobacco and the
medical [
use of
] cannabis[
.
]
is used by
means of smoking; or

����
(3)
�
The relevant
provision is necessary for the landlord, condominium property regime, or
planned community association to comply with federal law or a federal contract,
or to receive federal funds.
"

PART VI

����
SECTION 19.
�
In codifying the new sections added by
sections 2 and 3 of this Act, the revisor of statutes shall substitute
appropriate section numbers for the letters used in designating the new
sections in this Act.

����
SECTION 20.
�
This Act does not affect rights and duties
that matured, penalties that were incurred, and proceedings that were begun
before its effective date.

����
SECTION 21.
�
Statutory material to be repealed is
bracketed and stricken.
�
New statutory
material is underscored.

����
SECTION 22.
�
This Act shall take effect on July 1, 2025.

INTRODUCED BY:

_____________________________

Report Title:

DOH; Cannabis;
Medical Use; Cultivation; Patients; Caregivers

Description:

Establishes
a licensing system for medical cannabis cultivation.
�
Facilitates the transport of medical
cannabis.
�
Expands the scope of
authorized actions for medical cannabis patients.
�
Provides that qualifying out-of-state
patients need not register with the Department of Health.
�
Protects medical cannabis patients and
cultivation licensees from undue discrimination.

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