STAND. COM. REP. NO. 1443-26

Honolulu, Hawaii

, 2026

RE: S.B. No. 2408

S.D. 1

H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Madame:

Your Committee on Health, to which was referred S.B. No. 2408, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO COMPASSIONATE ACCESS TO MEDICAL CANNABIS,"

begs leave to report as follows:

The purpose of this measure is to allow terminally ill patients and qualifying patients over the age of sixty-five years with chronic diseases to use medical cannabis within certain health care facilities under certain conditions.

Your Committee received testimony in support of this measure from the American Civil Liberties Union of Hawaiʻi and four individuals. Your Committee received testimony in opposition to this measure from the Hawaii Substance Abuse Coalition; Hina Mauka; Go dehp dba Island Health.VIP; Hawaiʻi Alliance for Cannabis Reform; Hawaii High Intensity Drug Trafficking Area; and two individuals. Your Committee received comments on this measure from the Department of Health; Healthcare Association of Hawaii; Coalition for a Drug-Free Hawaii; and Drug Policy Forum of Hawaiʻi.

Your Committee finds that medical cannabis is most commonly used for pain relief, to improve appetite, and to reduce nausea, and can be used as an alternative to heavy pain relievers like fentanyl and morphine. Your Committee further finds that terminally ill patients or qualified patients over the age of sixty-five who suffer from a chronic disease and choose to use medical cannabis for treatment or pain relief often wish to continue their use of medical cannabis while in the hospital, which ensures consistency in the individual course of treatment for these patients. While your Committee recognizes the concerns raised in testimony about potential conflicts with federal law and rules enforced by the Centers for Medicare and Medicaid Services, your Committee believes there is value in ensuring that terminally ill patients and qualified older adults can access medical cannabis in a manner that is consistent with state law and compatible with the operational requirements of health care facilities in the State.

Your Committee has amended this measure by:

(1) Inserting language prohibiting a health care facility from prohibiting patient use of medical cannabis due solely to the fact that cannabis is a Schedule I drug pursuant to the federal Uniform Controlled Substances Act;

(2) Changing the effective date to July 1, 3000, to encourage further discussion; and

(3) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

As affirmed by the record of votes of the members of your Committee on Health that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2408, S.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2408, S.D. 1, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.

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

____________________________

GREGG TAKAYAMA, Chair