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SB3315
THE SENATE
S.B. NO.
3315
THIRTY-THIRD LEGISLATURE, 2026
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.
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The
legislature finds that access for qualifying patients and primary caregivers to
medical cannabis and particularly licensed medical cannabis dispensaries
remains challenging due to limited access to medical providers, delays in
obtaining allowed access to enter and purchase medical cannabis, and the
availability of cannabis through a thriving illicit market.
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The legislature further finds that
registration for the medical cannabis program has decreased in the last few
years.
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While the number of registered
medical cannabis patients reached its peak in August 2021, with 35,444
card-holding patients, since then, the number of patients has decreased over
fifteen per cent to 30,035 by November 2024.
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This appears to indicate that residents are shifting away from licensed medical
cannabis dispensaries, and instead are obtaining their medical cannabis from
elsewhere due to difficulties, delays in registering, and the ease and lower
costs in obtaining cannabis elsewhere.
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The legislature also finds that this
apparent shift away from licensed medical cannabis dispensaries toward the
illicit market, undermines the purposes of the medical cannabis program in
ensuring patient safety, product safety, and public safety.
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The legislature further finds that the
department of health office of medical cannabis control and regulation has a
comprehensive registration system that could temporarily allow a qualifying
patient or primary caregiver to purchase medical cannabis, instead of having
the patient's access to medical cannabis delayed by a few to several days while
awaiting delivery of the registration card from the department.
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Accordingly, the purpose of this Act is to
expand access to care by easing some of the burdens upon qualifying patients
and primary caregivers.
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Specifically,
this Act allows applicants or primary caregivers to temporarily purchase
medical cannabis after the submission of the applicant's certification form.
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SECTION
2.
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Section 329-123, Hawaii Revised Statutes, is
amended by amending subsection (a) to read as follows:
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"(a)
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Physicians or advanced practice registered nurses who issue written
certifications shall provide, in each written certification, the name, address,
patient identification number, and other identifying information of the
qualifying patient.
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A written
certification issued pursuant to this subsection shall originate from within
the State.
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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.
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The form shall
require information from the applicant, primary caregiver, and physician or
advanced practice registered nurse as specifically required or permitted by
this chapter.
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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.
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The certifying physician or advanced practice
registered nurse shall be required to have a bona fide physician-patient
relationship or bona fide advanced practice registered nurse-patient
relationship, as applicable, with the qualifying patient; provided that nothing
under this part shall require that the bona fide physician-patient relationship
or bona fide advanced practice registered nurse-patient relationship be
established by conducting an initial in-person consultation.
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Any fees assessed
by a certifying physician or advanced practice registered nurse to issue a
written certification
pursuant to this subsection shall not
exceed an amount equal to three times the amount of the
fee charged by the department of health to issue a registration certificate
pursuant
to subsection (b).
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After the
submission of the applicant's form but before receipt of confirmed registration
from the department of health, the applicant or primary caregiver may use the
submission of the applicant's form as proof and documentation authorizing the
applicant or primary caregiver to enter and make a one-time purchase of
cannabis from a medical cannabis dispensary licensed under chapter 329D in an
amount that is not more than fifty per cent of the dispensing limits under
section 329D-13.
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The office of medical
cannabis control and regulation, established pursuant to section 329D-2.5, shall
facilitate the temporary authorization for applicants and primary caregivers.
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All current active medical cannabis permits
shall be honored through their expiration date."
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SECTION 3.
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New statutory material is underscored.
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SECTION 4.
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This Act shall take effect upon its approval.
INTRODUCED BY:
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Report Title:
DOH;
OMCCR; Medical Cannabis; Access; Temporary Authorization to Purchase; Written
Certification
Description:
Allows
applicants or primary caregivers to make a one-time purchase of medical
cannabis after the submission of the applicant's certification form while
waiting for confirmation of registration from the Department of Health.
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Requires the Office of Medical Cannabis
Control and Regulation to facilitate the temporary authorization.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.