RELATING TO MEDICAL CANNABIS.

Plain English Breakdown

The official source material does not provide information on what will happen to existing patient records after the bill is enacted.

Medical Cannabis Patient Records

This bill removes a part of the law that allows the Department of Law Enforcement to inspect medical records related to patients using medical cannabis and to punish doctors who do not allow such inspections.

What This Bill Does

• Removes the rule that allows the Department of Law Enforcement to check a patient's medical records related to their use of medical cannabis.
• Stops the department from suspending or revoking a doctor’s ability to write prescriptions for medical cannabis if they do not let the department see the patient's records.

Who It Names or Affects

• Medical cannabis patients
• Doctors, nurses, and hospice providers who prescribe medical cannabis

Terms To Know

Qualifying patient

A person who is legally allowed to use medical cannabis because a doctor or nurse has given them permission.

Written certification

A document from a doctor or nurse that says someone can use medical cannabis for health reasons.

Limits and Unknowns

• The bill does not address what will happen to the records of patients who are using medical cannabis.
• It is unclear how doctors and nurses will ensure compliance with the law without inspections by the Department of Law Enforcement.

Official Summary Text

RELATING TO MEDICAL CANNABIS.
DLE; Medical Cannabis; Medical Records; Inspection; Repeal
Repeals statutory language that currently authorizes the Department of Law Enforcement to: (1) inspect a qualifying medical cannabis patient's medical records held by the health provider who issued a written certification for the qualifying patient; and (2) suspend or revoke a health provider's ability to issue written certification for medical cannabis if the provider refuses the foregoing inspection, or if the medical records do not comply with the medical use of cannabis law.

Current Bill Text

HB1856

HOUSE OF REPRESENTATIVES

H.B. NO.

1856

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

A BILL FOR AN ACT

RELATING
TO MEDICAL CANNABIS
.

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

����
SECTION
1
.
�
Section 329-123.2, Hawaii Revised Statutes,
is repealed.

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["
�329-123.2
�
Qualifying patient medical records;
inspection and enforcement; authority.
�
(a)
�

The department may inspect a qualifying patient's medical records held
by the physician, advanced practice registered nurse, or hospice provider who
issued a written certification for the qualifying patient.

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(b)
�

The department may suspend or revoke the ability to issue a written
certification for any physician, advanced practice registered nurse, or hospice
provider who refuses inspection of a qualifying patient's medical records by
the department pursuant to this section.

����
(c)
�

The department may suspend or revoke the ability to issue a written
certification for any physician, advanced practice registered nurse, or hospice
provider whose medical records do not comply with the requirements of this
chapter.
"]

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SECTION 2.
�

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

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SECTION 3.
�

Statutory material to be repealed is bracketed and stricken.

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SECTION 4.
�

This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

DLE;
Medical Cannabis; Medical Records; Inspection; Repeal

Description:

Repeals
statutory language that currently authorizes the Department of Law Enforcement
to:
�
(1) inspect a qualifying medical
cannabis patient's medical records held by the health provider who issued a
written certification for the qualifying patient; and (2) suspend or revoke a
health provider's ability to issue written certification for medical cannabis
if the provider refuses the foregoing inspection, or if the medical records do
not comply with the medical use of cannabis law.

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