THE SENATE

S.B. NO.

1104

THIRTY-SECOND LEGISLATURE, 2023

S.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO CANNABIS FOR MEDICAL USE.

 

 

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

 

     SECTION 1.  The legislature finds that patients and primary caregivers cultivating cannabis for medical use at a registered grow site under the State's medical cannabis registry program have no legal means of obtaining safe, laboratory-tested genetic material from which to propagate their plants.  State law on the medical use of cannabis currently authorizes qualifying patients to cultivate up to ten medical cannabis plants at a grow site listed on the patient's registry card, but it does not specify by what means propagules, cuttings, seeds, or other cannabis genetic material necessary to produce these plants may be obtained.  In practice, existing law often forces patients or their primary caregivers to obtain cannabis genetic material from the illicit market.  Unfortunately, these materials have not been tested for the presence of pesticides and heavy metals and are of unknown genetic provenance and therapeutic value.

     The legislature also finds that, in a number of other states that authorize the medical use of cannabis, cannabis propagules and cuttings are available for purchase through state-licensed dispensaries.  These states ensure that patients who choose to cultivate their own cannabis plants have a legal channel from which to obtain safe, quality-assured genetic material with verified therapeutic properties.

     The legislature further finds that the State's medical cannabis dispensary system law was enacted, in part, to improve qualifying patients' access to safe and quality-assured medical cannabis and medical cannabis products.  However, state law does not explicitly authorize licensed dispensaries to distribute propagative material, including cannabis propagules, cuttings, or seeds.

     Accordingly, the purpose of this Act is to amend the State's medical cannabis dispensary system law to:

     (1)  Include cannabis propagules, cuttings, and seeds in the definition of "cannabis", thereby authorizing dispensaries to dispense cannabis propagules, cuttings, and seeds for medical use;

     (2)  Allow qualifying patients and primary caregivers who are authorized to cultivate cannabis for medical use to purchase cannabis propagules, cuttings, and seeds from a dispensary licensed in the State; and

     (3)  Establish quantity limits and quality requirements for the dispensing of cannabis propagules, cuttings, and seeds.

     SECTION 2.  Section 329D-1, Hawaii Revised Statutes, is amended as follows:

     1.  By adding two new definitions to be appropriately inserted and to read:

     ""Cannabis cutting" means the stem of a cannabis plant that is taken or cut off for the purpose of being rooted and grown into a new cannabis plant.

     "Cannabis propagule" means any part of a cannabis plant that can be used to grow a new cannabis plant."

     2.  By amending the definition of "cannabis" to read:

     ""Cannabis" shall have the same meaning as in section 329‑121.  "Cannabis" includes cannabis propagules, cannabis cuttings, and cannabis seeds."

     SECTION 3.  Section 329D-13, Hawaii Revised Statutes, is amended to read as follows:

     "§329D-13  Dispensing of cannabis; propagative material; quantity limits[.]; quality restrictions; rules.  (a)  A qualifying patient, primary caregiver, qualifying out-of-state patient, or caregiver of a qualifying out-of-state patient shall be allowed to purchase [no] not more than four ounces of cannabis, excluding cannabis propagules, cannabis cuttings, and cannabis seeds, within a consecutive period of fifteen days, or [no] not more than eight ounces of cannabis, excluding cannabis propagules, cannabis cuttings, and cannabis seeds, within a consecutive period of thirty days.

     (b)  A qualifying patient[, primary caregiver, qualifying out-of-state patient, or caregiver of a qualifying out-of-state patient may purchase cannabis] or primary caregiver who is authorized to cultivate cannabis pursuant to sections 329-122 and 329‑130(a) shall be allowed to purchase a total of not more than five cannabis propagules, cannabis cuttings, or cannabis seeds within a consecutive period of fifteen days, or a total of not more than ten cannabis propagules, cannabis cuttings, or cannabis seeds within a consecutive period of thirty days; provided that:

     (1)  The amount of cannabis, including cannabis propagules, cannabis cuttings, and cannabis seeds, possessed by the qualifying patient at any time shall not exceed the amount allowed under section 329-122;

     (2)  The cannabis propagules, cannabis cuttings, or cannabis seeds dispensed to the qualifying patient or primary caregiver shall have undergone laboratory-based testing for residual pesticides and heavy metals; and

     (3)  The laboratory-based test results indicate that no pesticides or heavy metals have been detected in the cannabis propagules, cannabis cuttings, or cannabis seeds.

This subsection shall not apply to a qualifying out-of-state patient or a caregiver of a qualifying out-of-state patient.

     (c)  The purchase of cannabis pursuant to subsection (a), and the purchase of cannabis propagules, cannabis cuttings, and cannabis seeds pursuant to subsection (b), may be made from any dispensary location in the State, subject to the quantity limits [set forth] and quality restrictions described in [subsection] subsections (a)[.] and (b), respectively.

     [(c)  Beginning on January 1, 2018, this section] (d)  Subsections (a) and (c) may apply to qualifying out-of-state patients from other states, territories of the United States, or the District of Columbia[;], who are attempting to purchase cannabis, exclusive of cannabis propagules, cannabis cuttings, and cannabis seeds; provided that the patient meets the registration requirements of section 329-123.5.

     (e)  The department shall adopt rules pursuant to chapter 91 regarding the dispensing of cannabis propagules, cannabis cuttings, and cannabis seeds."

     SECTION 4.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect on December 31, 2050.

 

 

Report Title:

Cannabis; Cannabis Propagules; Cannabis Cuttings; Cannabis Seeds; Medical Cannabis Dispensaries; Dispensing Limits and Restrictions; Department of Health; Rules

 

Description:

Amends the definition of "cannabis" to include cannabis propagules, cuttings, and seeds.  Defines "cannabis cutting" and "cannabis propagule".  Allows qualifying patients and primary caregivers who are authorized to cultivate cannabis for medical use to purchase cannabis propagules, cuttings, and seeds from licensed dispensaries in the State under certain conditions.  Establishes quantity limits and quality requirements for the dispensing of cannabis propagules, cuttings, and seeds.  Requires the Department of Health to adopt rules regarding the dispensing of cannabis propagules, cuttings, and seeds.  Effective 12/31/2050.  (SD1)

 

 

 

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