STAND. COM. REP. NO. 850

Honolulu, Hawaii

RE: S.B. No. 673

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 Judiciary, to which was referred S.B. No. 673, S.D. 1, 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 authorize health care facilities to allow terminally ill patients to use medical cannabis under certain conditions.

Your Committee received testimony in support of this measure from the Drug Policy Forum of Hawai‘i and six individuals. Your Committee received comments on this measure from the Department of Public Safety, Palolo Chinese Home, and Healthcare Association of Hawaii.

Your Committee finds that medical cannabis is most commonly used for pain relief, improvement of appetite, reduction of nausea, and as a substitute for heavy pain relievers such as fentanyl and morphine. Certain terminally ill patients may use cannabis for treatment or pain relief and wish to continue that use while at the hospital or other health care facility. While medical cannabis is legal in the State, cannabis remains classified as a Schedule I drug at the federal level. As health care facilities that are Medicare or Medicaid providers receive accreditation from the Centers for Medicare and Medicaid Services, these facilities are required to comply with county, state, and federal laws to receive reimbursements. Additionally, health care facilities may have adopted policies prohibiting cannabis on the premises out of perceived risk of losing federal funding. In order to balance the needs of terminally ill patients who use medical cannabis with the various regulations on health care facilities, this measure provides the option for health care facilities in the State, other than chemical dependency recovery hospitals, the State Hospital, and the Department of Public Safety-operated health care programs, to authorize terminally ill patients, subject to certain requirements, to use non-smoked medical cannabis.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 673, S.D. 1, and recommends that it pass Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

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KARL RHOADS, Chair