THE SENATE

S.B. NO.

1429

THIRTY-THIRD LEGISLATURE, 2025

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO MEDICAL CANNABIS.

 

 

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

 

     SECTION 1.  The legislature finds that existing state law recognizes the beneficial use of cannabis in treating certain debilitating medical conditions, their symptoms, and certain side effects of treatment of these conditions, including severe pain, nausea, muscle spasms, and seizures.  Act 241, Session Laws of Hawaii 2015, provided patient access to medical cannabis beyond the access that existed prior to the creation of the dispensary system authorized by Act 241.  However, the intent of the legislature as expressed in Act 241 was, and continues to be, to expand qualifying patients' access to cannabis rather than to replace existing access routes.  According to the rapid survey of Hawaii medical cannabis patients and providers conducted by the department of health in 2022, fifty-five per cent of patients indicated that they obtained their cannabis exclusively from a licensed medical cannabis dispensary.  This means that up to forty-five per cent of patients obtain their cannabis for medical use from other sources, including cultivation.  Part of the justification for establishing the medical cannabis dispensary system was that some patients may not be able to grow their own supply of medical cannabis due to limitations such as disability or lack of space.  These patients should continue to have multiple options for obtaining medical cannabis, including having a primary caregiver grow an adequate supply of cannabis for medical use on their behalf.

     Accordingly, the purpose of this Act is to maintain and clarify the multiple options currently available for qualifying patients to access a safe and legal supply of medical cannabis.

     SECTION 2.  Section 329-130, Hawaii Revised Statues, is amended to read as follows:

     "§329-130  Authorized sources of medical cannabis.  (a)  [After December 31, 2024] A qualifying patient shall obtain medical cannabis or manufactured cannabis products only:

     (1)  From a dispensary licensed pursuant to chapter 329D; provided that the cannabis shall be purchased and paid for at the time of purchase; [or]

     (2)  By cultivating cannabis in an amount that does not exceed an adequate supply for the qualifying patient[,] pursuant to section 329-122; provided that each location used to cultivate cannabis shall be used [by] to cultivate cannabis for no more than five qualifying patients[.]; or

     (3)  From the qualifying patient's primary caregiver who cultivates cannabis in an amount that does not exceed an adequate supply for the qualifying patient pursuant to section 329-122; provided that each location used to cultivate cannabis shall be used to cultivate cannabis for no more than five qualifying patients.

[After December 31, 2024, no primary caregiver shall be authorized to cultivate cannabis for any qualifying patient.

     (b)  This section shall not apply to:

     (1)  A qualifying patient who is a minor or an adult lacking legal capacity and the primary caregiver is the parent, guardian, or person having legal custody of a qualifying patient described in the paragraph; or

     (2)  A qualifying patient on any island on which there is no medical cannabis dispensary licensed pursuant to chapter 329D.

     (c)] (b)  A qualifying out-of-state patient and a caregiver of a qualifying out-of-state patient shall be authorized to obtain cannabis for medical use only from retail dispensing locations of dispensaries licensed pursuant to chapter 329D."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act, upon its approval, shall take effect retroactive to January 1, 2025.

 

INTRODUCED BY:

_____________________________

 

 

BY REQUEST

 

 

 

Report Title:

Department of Health; Office of Medical Cannabis Control and Regulation; Caregivers; Medical Cannabis; Cultivation

 

Description:

Retroactively repeals the sunset date of the authorization for primary caregivers to cultivate medical cannabis for their qualifying patients.  Clarifies that each location used to cultivate cannabis can be used to cultivate cannabis for no more than five qualifying patients.  Effective 1/1/2025.

 

 

 

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