HB1805

Report Title:

Medical Marijuana, Authorized Distributors

 

Description:

Permits a 501(c)(3) nonprofit organization, including a church whose sacraments include the use of marijuana, to be a distributor for persons using medical marijuana.

HOUSE OF REPRESENTATIVES	H.B. NO.	1805
TWENTY-FIRST LEGISLATURE, 2002
STATE OF HAWAII

A BILL FOR AN ACT

 

RELATING TO MEDICAL MARIJUANA.

 

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

SECTION 1. The legislature stands behind its firm commitment not to penalize, at the state level, those who need medical marijuana, just as it stands firm against the unlawful use of marijuana. There is a gap in the existing medical marijuana law: it protects from liability the doctor who prescribes, the patient who uses, and the primary caretaker who facilities to use of, medical marijuana. Yet there is no such corresponding protection for a person who distributes the marijuana to the patient in need.

The purpose of this Act is to provide legal protection at the state level to certain 501(c)(3) tax exempt organizations, including the Religion of Jesus Church, East Hawaii branch headed by Reverend Jonathan Adler that has received judicial recognition of legitimacy, sincerity, and mandate to use sacraments that include the use of marijuana, who has registered with the State. The legislature finds that the potential for abuse by these nonprofits would be low and the benefit to patients in need would be high. It would also be easier for the State to monitor medical marijuana distribution if its distributors were registered.

SECTION 2. Chapter 329, Hawaii Revised Statutes, is amended by adding a new section to part IX to be appropriately designated and to read as follows:

"§329- Protections afforded to a registered distributor. No registered distributor or its staff shall be subject to arrest or prosecution, penalized in any manner, or denied any right or privilege for distributing medical marijuana to a qualifying patient. A patient who seeks to obtain medical marijuana from a registered distributor shall produce a valid prescription under this section and shall receive an adequate supply as decided by the physician.

A tax exempt organization under section 501(c)(3) of the Internal Revenue Code of 1986, as amended, may apply for registration with the department of public safety as a registered distributor if the organization is an organization whose purposes include the distribution of medical marijuana, including a religious organization whose sacraments include use of medical marijuana. Registration shall be accepted or denied by written documentation within thirty days of application. A denial shall include a statement of reasons for the denial by the department. Only a tax exempt organization with an accepted registration may distribute marijuana for medical purposes.

The department of public safety may adopt rules to implement this section; provided that a lack of rules shall not constitute a reason to delay or deny registration under this section."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________