STAND. COM. REP. NO. 797

Honolulu, Hawaii

RE: S.B. No. 1104

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 Commerce and Consumer Protection, to which was referred S.B. No. 1104, S.D. 1, entitled:

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

begs leave to report as follows:

The purpose and intent of this measure is to:

(1) Amend the definition of "cannabis" to include cannabis propagules, cuttings, and seeds;

(2) Define "cannabis cutting" and "cannabis propagule";

(3) Allow 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;

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

(5) Require the Department of Health to adopt rules regarding the dispensing of cannabis propagules, cuttings, and seeds.

Your Committee received testimony in support of this measure from Maui Grown Therapies and two individuals. Your Committee received comments on this measure from the Department of Health.

Your Committee finds that existing State law authorizes qualified medical cannabis patients and caregivers to cultivate a limited number of plants at a location that a patient or caregiver owns or controls, but the law does not address how patients can acquire propagative material. Your Committee further finds that existing laws force patients or their primary caregivers to resort to obtaining propagative material through illicit means, which can result in material with unknown genetic provenance or poor therapeutic value. Thus, this measure includes cannabis propagules, cuttings, and seeds in the definition of "cannabis" to establish a legal, transparent channel for the distribution and testing of propagative material through licensed dispensaries in the State.

As affirmed by the record of votes of the members of your Committee on Commerce and Consumer Protection that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1104, S.D. 1, and recommends that it pass Third Reading.

Respectfully submitted on behalf of the members of the Committee on Commerce and Consumer Protection,

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JARRETT KEOHOKALOLE, Chair