RELATING TO CANNABIS.

HB71

HOUSE OF REPRESENTATIVES

H.B. NO.

71

THIRTY-THIRD LEGISLATURE, 2025

STATE OF HAWAII

A BILL FOR AN ACT

relating
to cannabis
.

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

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SECTION 1.
�
Chapter 328J, Hawaii Revised Statutes, is
amended by adding a new section to be appropriately designated and to read as
follows:

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"
�328J-
�
Cannabis;
prohibitions.
�
Smoking of cannabis shall be prohibited in
any area accessible by the public, including but not limited to:

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(1)
�
On any school
grounds;

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(2)
�
At any public
park, public beach, public recreation center, recreation or youth center;

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(3)
�
In or on any
land, facility, building, or vehicle owned, controlled, or operated by the
State or any county;

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(4)
�
In or on any
federal fort or arsenal, national park or forest, any other federal enclave, or
any other property owned, controlled, or operated by the federal government; or

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(5)
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Any other place
where smoking is prohibited by this chapter.
"

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SECTION
2
.
�
Section 328J-1,
Hawaii Revised Statutes, is amended as follows:

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1.
�

By adding a new definition to be appropriately inserted and to read:

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

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2.
�

By amending the definition of "smoke" or "smoking"
to read:

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""Smoke" or
"smoking" means inhaling, exhaling, burning, or carrying any lighted
or heated tobacco product
, cannabis,
or plant product intended for
inhalation in any manner or in any form.
�

"Smoking" includes the use of an electronic smoking device.
"

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SECTION
3
.
�
Section
329-122, Hawaii Revised Statutes, is amended by amending subsection (e) to read
as follows:

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"(e)
�
The authorization for the medical use of
cannabis in this section shall not apply to:

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(1)
�
The medical use of
cannabis that endangers the health or well-being of another person;

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(2)
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The medical use of
cannabis:

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(A)
�
In a school bus,
public bus, or any moving vehicle;

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(B)
�
In the workplace
of one's employment;

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(C)
�
On any school
grounds;

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(D)
�
At any public
park, public beach, public recreation center, recreation or youth center; or

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(E)
�
At any other place
open to the public; provided that a qualifying patient, primary caregiver,
qualifying out-of-state patient, caregiver of a qualifying out-of-state
patient, or an owner or employee of a medical cannabis dispensary licensed
under chapter 329D shall not be prohibited from transporting cannabis or any
manufactured cannabis product, as that term is defined in section 329D-1, in
any public place; provided further that the cannabis or manufactured cannabis
product shall be transported in a sealed container, not be visible to the
public, and shall not be removed from its sealed container or consumed or used
in any way while it is in the public place; [
and
]

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(3)
�
The use of
cannabis by a qualifying patient, parent, primary caregiver, qualifying
out-of-state patient, or caregiver of a qualifying out-of-state patient, for
purposes other than medical use permitted by this part[
.
]
; and

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(4)
�
Smoking
cannabis in public, including through the use of an electronic smoking device,
as prohibited by section 328J- .
"

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SECTION
4.
�
Statutory material to be repealed is
bracketed and stricken.
�
New statutory
material is underscored.

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SECTION 5.
�
This Act shall take effect on July 1, 2025.

INTRODUCED BY:

_____________________________

Report Title:

Cannabis;
Cannabis for Medical Use; Smoking; Prohibitions; Public Places

Description:

Prohibits
the smoking of cannabis and the smoking of cannabis for medical use, including
via an electronic smoking device, in any area accessible by the public.

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