THE SENATE	S.B. NO.	3291
THIRTY-SECOND LEGISLATURE, 2024
STATE OF HAWAII

A BILL FOR AN ACT

Relating to Cannabis.

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

SECTION 1. The legislature finds that the purpose of the State's medical cannabis dispensary system law is to ensure that qualifying patients have safe, timely, and adequate access to medical cannabis. The legislature further finds that the coronavirus disease 2019 (COVID-19) pandemic has severely impacted the way in which qualifying patients can safely access the facilities that provide medical cannabis. Many qualifying patients suffer from debilitating conditions that make them especially vulnerable to COVID-19 exposure and seek alternative ways to physically access facilities to minimize exposure.

The purpose of this Act is to authorize the department of health to allow in-vehicle receipt of medical cannabis and medical cannabis products by qualifying patients or their primary caregiver on the premises of dispensaries under certain conditions.

SECTION 2. Section 329D-6, Hawaii Revised Statutes, is amended by amending subsection (n) to read as follows:

"(n) [A] No dispensary shall [be prohibited from off-premises delivery of] dispense cannabis or manufactured cannabis products to a qualifying patient, primary caregiver, qualifying out-of-state patient, or caregiver of a qualifying out-of-state patient[.] outside of the dispensary's retail store building; provided that the department may allow a dispensary to dispense cannabis or manufactured cannabis products to a qualifying patient or primary caregiver of a qualifying patient outside of the dispensary's retail store building but on the dispensary's premises; provided further that the department shall adopt rules detailing the circumstances and requirements under which dispensing may be allowed pursuant to this subsection, including rules for the dispensing of cannabis or manufactured cannabis products to a qualifying patient or primary caregiver of a qualifying patient who takes delivery while in a motor vehicle on the dispensary's premises."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:

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Report Title:

DOH; Medical Cannabis; Medical Cannabis Products; Dispensaries; On-Premises Dispensing; In-Vehicle Receipt; Rules

Description:

Authorizes the Department of Health to allow dispensaries to dispense cannabis or manufactured cannabis products to qualifying patients or primary caregivers of qualifying patients outside of the dispensary's retail store building but on the dispensary's premises. Requires the Department of Health to adopt rules, including rules for dispensing to a qualifying patient or primary caregiver of a qualifying patient who takes delivery while in a motor vehicle on the dispensary's premises.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.