HOUSE OF REPRESENTATIVES	H.B. NO.	1669
THIRTY-SECOND LEGISLATURE, 2024
STATE OF HAWAII

A BILL FOR AN ACT

relating to controlled substances.

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

SECTION 1. Chapter 329, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§329-    Tableting and encapsulating machines; sale; possession. (a) Except as provided in subsection (b), it is unlawful for any person to possess, purchase, deliver, sell, or possess with intent to sell a tableting machine or encapsulating machine if the person knows, or reasonably should know, that it will be used to manufacture, compound, convert, produce, process, prepare, or otherwise introduce into the human body a controlled substance in violation of this chapter.

(b) This section shall not apply to:

(1) Any pharmacist or other authorized person who sells or furnishes a substance upon the prescription of a physician, dentist, podiatrist, or veterinarian;

(2) Any physician, dentist, podiatrist, or veterinarian who administers or furnishes a substance to patients;

(3) Any manufacturer or wholesaler licensed by the State who sells, transfers, or otherwise furnishes a substance to a licensed pharmacist, physician, dentist, podiatrist, or veterinarian; and

(4) Any manufacturer, retailer, or wholesaler licensed by the State who is subject to the reporting requirements of section 329-63 and who sells, transfers, receives, or brings in from outside the State an encapsulating or tableting machine for the sale or transfer to any person included in subsection (1) through (3).

(c) For the purposes of this section, "encapsulating machine" and "tableting machine" shall mean any manual, semiautomatic, or fully automatic equipment that can be used to fill shells or capsules with powdered or granular solids or semisolid material to produce coherent solid contents."

SECTION 2. New statutory material is underscored.

SECTION 3. This Act shall take effect on July 1, 2024.

INTRODUCED BY:

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Report Title:

Controlled Substances; Encapsulating Machines; Tabulating Machines; Restrictions

Description:

Except under certain circumstances, makes it unlawful for a person to possess, purchase, deliver, sell, or intend to sell an encapsulating machine or tabulating machine when the person knows, or reasonably should know, that the machine will be used to manufacture, compound, convert, produce, prepare, or otherwise introduce into the human body a controlled substance.

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