STAND. COM. REP. NO. 1413

Honolulu, Hawaii

RE: H.B. No. 1217

H.D. 2

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Second State Legislature

Regular Session of 2023

State of Hawaii

Sir:

Your Committee on Health and Human Services, to which was referred H.B. No. 1217, H.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO MEDICAL CANNABIS,"

begs leave to report as follows:

The purpose and intent of this measure is to make various amendments to laws regarding medical cannabis to provide clear parameters regarding the medical use of cannabis for qualifying patients, primary caregivers, qualifying out-of-state patients, and caregivers of qualifying out-of-state patients.

Your Committee received testimony in support of this measure from the Department of Health, Cure Oahu, PONO LIFE MAUI, and four individuals. Your Committee received testimony in opposition to this measure from Care Waialua, LLC; Fire Farms Maui, LLC; Kauai Farm Planning; and more than two hundred individuals. Your Committee received comments on this measure from Aloha Green Holdings, Inc.

Your Committee finds that chapter 329, Hawaii Revised Statutes, regulates the individual use of medical cannabis, and chapter 329D, Hawaii Revised Statutes, regulates medical cannabis dispensaries. As a result, any activity that falls outside of these existing laws is not regulated and clarity is needed as to what activities are permitted to support the fundamentals of the regulation system. This measure amends various provisions of laws regarding medical cannabis to ensure safe and legal access to medical cannabis, and resolve existing confusion with regard to the medical cannabis marketplace and its patients.

Your Committee acknowledges the concerns raised in testimony that this measure, as currently drafted, only allows five qualifying patients to cultivate medical cannabis at a particular location, which equates to only fifty cannabis plants. Your Committee also acknowledges the concerns raised in testimony that this measure is overly restrictive for qualifying patients who wish to cultivate medical cannabis for themselves. Accordingly, amendments to this measure are necessary to address these concerns.

Therefore, your Committee has amended this measure by:

(1) Inserting language increasing the number of qualifying patients that may use a particular location to cultivate cannabis from five to fifty;

(2) Removing the sunset date of December 31, 2024, which would have prohibited primary caregivers from cultivating cannabis for qualifying patients after that date;

(3) Repealing existing law that exempts certain qualifying patients from obtaining medical cannabis or manufactured cannabis products from authorized sources;

(4) Clarifying that no person shall produce, manufacture, or dispense cannabis or manufactured cannabis products without a dispensary license unless authorized pursuant to chapter 329, part IX, Hawaii Revised Statutes;

(5) Inserting an effective date of June 30, 2050, to encourage further discussion; and

(6) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

As affirmed by the record of votes of the members of your Committee on Health and Human Services that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1217, H.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1217, H.D. 2, S.D. 1, and be referred to your Committees on Judiciary and Ways and Means.

Respectfully submitted on behalf of the members of the Committee on Health and Human Services,

________________________________

JOY A. SAN BUENAVENTURA, Chair