HOUSE OF REPRESENTATIVES	H.B. NO.	1550
THIRTY-THIRD LEGISLATURE, 2026		H.D. 2
STATE OF HAWAII		S.D. 2
		C.D. 1

A BILL FOR AN ACT

RELATING TO HEALTH.

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

SECTION 1. The legislature finds that the National Institute on Drug Abuse defines drug checking as "a harm reduction practice in which people check to see if drugs contain certain substances". Drug checking methods range from tools such as fentanyl test strips, which may be used in any setting where drugs are used, to more advanced technologies like infrared spectrometry, which are typically conducted at on-site facilities such as syringe service programs. The National Institute on Drug Abuse supports research to improve the accuracy, accessibility, and effectiveness of drug checking technologies, including smartphone- and internet-based services, mobile facilities, and programs that offer overdose response and education.

The legislature further finds that substantial research and evidence highlight the effectiveness, long-standing use, and public health value of drug checking services. A May 2024 study published in the Harm Reduction Journal emphasizes the effectiveness of drug checking services in reducing risks associated with substance use, including overdose, and identifies benefits at the individual, community, public health, and health system levels. The study urges policymakers to consider allocating resources for the implementation and expansion of drug checking services in areas affected by overdose mortality.

A September 2024 evidence brief issued by the Canadian Centre on Substance Use and Addiction reports that drug checking has been used to monitor unregulated drug supplies for more than fifty years and identifies thirty-one drug checking services operating across twenty countries. The evidence brief identifies benefits of drug checking, which include reducing risks associated with substance use, including overdose; improving clinical care, including by informing care plans and medication choices among clinicians and nursing professionals; increasing access to health and social services by facilitating trust and connection between underserved populations and service providers; monitoring drug-related trends to inform public health and safety decisions; and reducing costs associated with emergency medical services and hospitalization.

The legislature also finds that, in recent years, illicit street drugs in the State have been found to contain unspecified quantities of fentanyl, medetomidine, xylazine, and other substances, posing serious risks of accidental overdose. In response to increasing fentanyl-related overdoses, the legislature passed Act 111, Session Laws of Hawaii 2023, which exempted fentanyl testing strips from the definition of drug paraphernalia under the Uniform Controlled Substances Act.

While fentanyl test strips are an important tool, they only detect the presence of fentanyl. Other drug checking tools, such as chemical reagents, can detect the presence of additional substances. More advanced tools such as spectrometers, which are currently used by harm reduction service providers in Chicago and New York City, can both detect and quantify the substances present in a sample.

The legislature believes that providing individuals, service providers, and communities with accurate information regarding the presence and concentration of substances in illicit drugs will reduce accidental and fatal overdoses.

The legislature additionally finds that certain practices relating to the inspection of a qualifying patient's medical records has created unintended barriers to the lawful access of medical cannabis and, as a result, has led Hawaii residents to seek cannabis from places other than a state licensed medical cannabis dispensary. However, unlike cannabis purchased from a licensed medical cannabis dispensary, illicit cannabis and manufactured cannabis products do not undergo testing to ensure the cannabis and products do not contain any harmful or toxic substances. The legislature believes that removing this barrier will encourage qualifying patients to purchase medical cannabis from a licensed medical cannabis dispensary that has been tested to ensure it is safe for human consumption.

The legislature notes that leading public health organizations have long recognized the harms caused by criminalization-based drug policy. In its 2013 policy statement, Defining and Implementing a Public Health Response to Drug Use and Misuse, the American Public Health Association described the current "war on drugs" as a severely flawed approach based on misplaced priorities and strategies, and observed that the domestic drug war has been an engine of mass incarceration. It further concluded that criminalization of substance use stigmatizes people who use drugs, making it more difficult to engage them in health care and other essential services, and therefore recommended a full policy reorientation, including the end of criminal penalties for drug possession and the decriminalization of people who use drugs.

The legislature recognizes the substantial evidence linking incarceration itself to poor health outcomes and notes that many states have begun to reevaluate their approach to drug paraphernalia laws. In 2023, Minnesota became the first state to repeal its drug paraphernalia laws entirely. Hawaii has also taken steps toward reform. Act 72, Session Laws of Hawaii 2017, reduced the offense of simple possession or use of drug paraphernalia from a class C felony to a violation, punishable by a fine of no more than $500. However, despite this reform, possession of drug paraphernalia continues to serve as an entry point into the criminal legal system. Possession of even unusable traces or residue of certain controlled substances, often found on drug paraphernalia, remains classified as a class C felony, carrying a potential penalty of up to five years imprisonment and a $10,000 fine. Therefore, the legislature recognizes that further action should be taken to further prevent the simple possession of certain types of drug paraphernalia from serving as an entry point into the criminal legal system.

Accordingly, the purpose of this Act is to:

(1) Exempt additional drug testing products from the definition of drug paraphernalia under the uniform controlled substances act;

(2) Remove items that are used to plant, propagate, cultivate, grow, harvest, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance from the law prohibiting drug paraphernalia under the uniform controlled substances act;

(3) Restrict the law prohibiting drug paraphernalia under the uniform controlled substances act to only prohibit items that are used for the manufacturing, compounding, converting, production, processing, or preparing of controlled substances; and

(4) Repeal language permitting the department of health to inspect a qualifying patient's medical records and suspend or revoke the ability of a physician, advance practice registered nurse, or hospice provider to issue a written certification, under certain circumstances.

SECTION 2. Section 329-1, Hawaii Revised Statutes, is amended by amending the definition of "drug paraphernalia" to read as follows:

""Drug paraphernalia" means all equipment, products, and materials of any kind that are used, primarily intended for use, or primarily designed for use, in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of this chapter. [Drug paraphernalia] For the purposes of this definition:

(1) "Drug paraphernalia" includes but is not limited to:

[(1)] (A) Kits used, primarily intended for use, or primarily designed for use in planting, propagating, cultivating, growing, or harvesting of any species of plant that is a controlled substance or from which a prohibited controlled substance can be derived;

[(2)] (B) Kits used, primarily intended for use, or primarily designed for use in manufacturing, compounding, converting, producing, processing, or preparing prohibited controlled substances;

[(3)] (C) Isomerization devices used, primarily intended for use, or primarily designed for use in increasing the potency of any species of plant that is a prohibited controlled substance;

[(4)] (D) Testing equipment used, primarily intended for use, or primarily designed for use in identifying, or in analyzing the strength, effectiveness, or purity of prohibited controlled substances;

[(5)] (E) Scales and balances used, primarily intended for use, or primarily designed for use in weighing or measuring prohibited controlled substances;

[(6)] (F) Diluents and adulterants; [such as] including quinine hydrochloride, mannitol, mannite, dextrose, and lactose, used, primarily intended for use, or primarily designed for use in cutting prohibited controlled substances;

[(7)] (G) Separation gins and sifters used, primarily intended for use, or primarily designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, prohibited marijuana;

[(8)] (H) Blenders, bowls, containers, spoons, and mixing devices used, primarily intended for use, or primarily designed for use in compounding prohibited controlled substances;

[(9)] (I) Capsules, balloons, envelopes, and other containers used, primarily intended for use, or primarily designed for use in packaging small quantities of prohibited controlled substances;

[(10)] (J) Containers and other objects used, primarily intended for use, or primarily designed for use in storing or concealing prohibited controlled substances;

[(11)] (K) Hypodermic syringes, needles, and other objects used, primarily intended for use, or primarily designed for use in parenterally injecting prohibited controlled substances into the human body; and

[(12)] (L) Objects used, primarily intended for use, or primarily designed for use in ingesting, inhaling, or otherwise introducing prohibited marijuana, cocaine, hashish, hashish oil, or methamphetamine into the human body, [such as:] including:

[(A)] (i) Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;

[(B)] (ii) Water pipes;

[(C)] (iii)Carburetion tubes and devices;

[(D)] (iv) Smoking and carburetion masks;

[(E)] (v) Roach clips: meaning objects used to hold burning materials, such as marijuana cigarettes, that have become too small or too short to be held in the hand;

[(F)] (vi) Miniature cocaine spoons, and cocaine vials;

[(G)] (vii)Chamber pipes;

[(H)] (viii)Carburetor pipes;

[(I)] (ix) Electric pipes;

[(J)] (x) Air-driven pipes;

[(K)] (xi) Chillums;

[(L)] (xii)Bongs; and

[(M)] (xiii)Ice pipes or chillers[.];

(2) In determining whether an object is drug paraphernalia, a court or other authority [should] shall consider, in addition to all other logically relevant factors, the following:

[(1)] (A) Statements by an owner or anyone in control of the object concerning its use;

[(2)] (B) Prior convictions, if any, of an owner, or of anyone in control of the object, under any state or federal law relating to any controlled substance;

[(3)] (C) The proximity of the object, in time and space, to a direct violation of this chapter;

[(4)] (D) The proximity of the object to controlled substances;

[(5)] (E) The existence of any residue of controlled substances on the object;

[(6)] (F) Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to a person or persons whom the owner or person in control knows, or should reasonably know, intend to use the object to facilitate a violation of this chapter; provided that the innocence of an owner, or of anyone in control of the object, as to a direct violation of this chapter shall not prevent a finding that the object is intended for use, or designed for use, as drug paraphernalia;

[(7)] (G) Instructions, oral or written, provided with the object concerning its use;

[(8)] (H) Descriptive materials accompanying the object that explain or depict its use;

[(9)] (I) National and local advertising concerning its use;

[(10)] (J) The manner in which the object is displayed for sale;

[(11)] (K) Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products;

[(12)] (L) Direct or circumstantial evidence of the ratio of sales of the object or objects to the total sales of the business enterprise;

[(13)] (M) The existence and scope of legitimate uses for the object in the community; and

[(14)] (N) Expert testimony concerning its use[.]; and

(3) "Drug paraphernalia" does not include testing products utilized in determining whether a controlled substance contains chemicals, toxic substances, or hazardous compounds in quantities that can cause physical harm or death, including but not limited to fentanyl test strips[.], chemical reagents, and spectrometers."

SECTION 3. Section 329-43.5, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:

"(a) Except as provided in subsection (e), it is unlawful for any person to use, or to possess with intent to use, drug paraphernalia to [plant, propagate, cultivate, grow, harvest,] manufacture, compound, convert, produce, process, or prepare[, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body] a controlled substance in violation of this chapter. A violation of this subsection shall constitute a violation subject to a fine of no more than $500.

(b) Except as provided in subsection (e), it is unlawful for any person to deliver, possess with intent to deliver, or manufacture with intent to deliver drug paraphernalia, knowing or under circumstances where one reasonably should know, that it will be used to [plant, propagate, cultivate, grow, harvest,] manufacture, compound, convert, produce, process, or prepare[, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body] a controlled substance in violation of this chapter. A violation of this subsection shall constitute a violation subject to a fine of no more than $500."

SECTION 4. Section 329-123.2, Hawaii Revised Statutes, is repealed.

["[§329-123.2] Qualifying patient medical records; inspection and enforcement; authority. (a) The department may inspect a qualifying patient's medical records held by the physician, advanced practice registered nurse, or hospice provider who issued a written certification for the qualifying patient.

(b) The department may suspend or revoke the ability to issue a written certification for any physician, advanced practice registered nurse, or hospice provider who refuses inspection of a qualifying patient's medical records by the department pursuant to this section.

(c) The department may suspend or revoke the ability to issue a written certification for any physician, advanced practice registered nurse, or hospice provider whose medical records do not comply with the requirements of this chapter."]

SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect upon its approval.

Report Title:

DOH; Uniform Controlled Substances Act; Drug Paraphernalia; Drug Testing Products; Qualifying Patients; Medical Cannabis; Medical Records; Inspection

Description:

Excludes drug testing products from the definition of drug paraphernalia under the Uniform Controlled Substances Act. Removes items that are used to plant, propagate, cultivate, grow, harvest, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance from the law prohibiting drug paraphernalia under the Uniform Controlled Substances Act. Restricts the law prohibiting drug paraphernalia under the Uniform Controlled Substances Act to only prohibit items that are used for the manufacturing, compounding, converting, production, processing, or preparing of controlled substances. Repeals language permitting the Department of Health to inspect a qualifying patient's medical records and suspend or revoke the ability of certain health care providers to issue written certifications under certain circumstances. (CD1)

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