Report Title:

Medical Marijuana; Medical Cannabis; Department of Health; Dispensaries; Licensed Producer

 

Description:

Amends the term "medical marijuana" to "medical cannabis"; transfers the administration of the program from the department of public safety to the department of health; authorizes a registration fee of $50; establishes the medical cannabis advisory board; provides for the department of health to license producers to dispense medical cannabis.

 


HOUSE OF REPRESENTATIVES

H.B. NO.

967

TWENTY-FIFTH LEGISLATURE, 2009

 

STATE OF HAWAII

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to medical cannabis.

 

 

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

 


     SECTION 1. The legislature finds that the State's medical marijuana program, enacted into law in 2000, is a public health program conceived out of concern for the health and welfare of the seriously ill.  Registration for the program is currently administered by the narcotics enforcement division of the department of public safety.

     Many patients, however, are intimidated by the prospect of dealing with a narcotics enforcement agency, and do not apply for certification.  Therefore, they do not benefit from the protection from arrest or the threat of arrest by state or county authorities that is offered to those who are certified by the State under this program.

     Furthermore, the program's current placement in the narcotics enforcement division is in part responsible for the reluctance of many physicians to certify patients.  These physicians are concerned that their written certifications will be reviewed by the same entity that monitors physicians on issues of over-prescribing, "doctor shopping," and similar issues.

     In June 2008 the department of public safety violated patients' privacy by mistakenly releasing private patient information to a reporter for the Hawaii Tribune-Herald.  The list included the name of each of the four thousand two hundred patients, the location of their cannabis plants, license information, and the names of their physicians.

     Since the mission of the department of health is "to protect and improve the health and environment for all people in Hawaii, the department is experienced in dealing with private health records, and the use of medical cannabis is properly regarded as a health issue, not simply as an exception to the State's laws on controlled substances, the legislature finds that the State's medical marijuana program would be more properly administered by the department of health rather than by the department of public safety.

     Further, the department of health is already part of the medical use of medical marijuana program as existing law confers upon the department of health the power to add new debilitating conditions to those which would permit medical cannabis use.

     The purpose of this Act is to transfer administration of the State's program for the medical use of marijuana from the department of public safety to the department of health, and to amend the medical use of marijuana law to replace the term, "marijuana" with "cannabis".  In addition, this Act establishes the medical cannabis advisory board that shall identify requirements for the licensure of producers and cannabis production facilities and set forth procedures to obtain licenses and develop a distribution system for medical cannabis.

     SECTION 2.  Chapter 329, Hawaii Revised Statutes, is amended by adding two new sections to part IX to be appropriately designated and to read as follows:

     "§329‑    Medical cannabis advisory board; establishment.  (a)  There is established within the department of health the medical cannabis advisory board.

     (b)  The advisory board shall consist of eleven members, three of which shall be qualified medical cannabis patients, seven of which shall be practitioners representing the fields of neurology, pain management, medical oncology, psychiatry, infectious disease, family medicine, and gynecology.  The practitioners shall be nationally board-certified in their area of specialty and knowledgeable about the medical use of cannabis.  The chairperson of the board and the members shall be appointed by the director of health or the director's designee.

     (c)  The advisory board shall:

     (1)  Review and recommend to the department for approval additional debilitating medical conditions that would benefit from the medical use of cannabis;

     (2)  Issue recommendations concerning rules to be adopted for the issuance of registry identification cards, including the manner in which the department shall consider applications for registry identification cards and for the renewal of identification cards for qualified patients and primary caregivers;

     (3)  Identify requirements for the licensure of producers and cannabis production facilities and set forth procedures to obtain licenses;

     (4)  Develop a distribution system for medical cannabis that provides for:

         (A)  Cannabis production facilities within the State of Hawaii housed on secured grounds and operated by licensed producers; and

         (B)  Distribution of medical cannabis to qualified patients or their primary caregivers to take place at locations that are designated by the department and that are not within three hundred feet of any school, church or daycare center;

     (5)  Determine additional duties and responsibilities of the advisory board; and

     (6)  Submit annual reports to the legislature no later than twenty days prior to the convening of each regular session that shall include:

         (A)  Any issues and concerns relating to the implementation of the medical cannabis program;

         (B)  The total number of licensed producers, qualifying patients, and primary caregivers that have utilized the program; provided that no personal, identifying information of producers, qualifying patients or primary caregivers is included;

         (C)  An evaluation of the effectiveness of the program in providing medical cannabis to individuals suffering from debilitating illnesses; and

         (D)  Any recommendations, including proposed legislation, to improve the provisions of the medical cannabis program.

     (d)  Members of the medical cannabis advisory board shall serve without compensation and shall not receive reimbursements for expenses.

     §329‑    Protections afforded to a licensed producer.  (a)  A licensed producer shall not be subject to arrest, prosecution, or penalty, in any manner, for the production, possession, distribution, or dispensing of cannabis; provided that the licensed producer strictly complied with the requirements of this part.

     (b)  A licensed producer may assert the medical use of cannabis as an affirmative defense to any prosecution involving cannabis under this part or chapter 712; provided that the licensed producer strictly complied with the requirements of this part.

     (c)  Any licensed producer not complying with the permitted scope of the medical use of cannabis shall not be afforded the protections against searches and seizures pertaining to the misapplication of the medical use of cannabis."

     SECTION 3.  Section 329-14, Hawaii Revised Statutes, is amended to read as follows:

     "§329-14  Schedule I.  (a)  The controlled substances listed in this section are included in schedule I.

     (b)  Any of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, unless specifically excepted, whenever the existence of these isomers, esters, ethers, and salts is possible within the specific chemical designation:

     (1)  Acetyl-alpha-methylfentanyl (N-[1-(1-methyl-2-phenethyl)-4-piperidinyl]-N-phenylacetamide);

     (2)  Acetylmethadol;

     (3)  Allylprodine;

     (4)  Alphacetylmethadol (except levo-alphacetylmethadol, levomethadyl acetate, or LAAM);

     (5)  Alphameprodine;

     (6)  Alphamethadol;

     (7)  Alpha-methylfentanyl (N-[1-(alpha-methyl-beta-phenyl)ethyl-4-piperidyl] propionanilide; 1-(1-methyl-2-phenylethyl)-4-(N-propanilido) piperidine);

     (8)  Alpha-methylthiofentanyl (N-[1-methyl-2-(2-thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide);

     (9)  Benzethidine;

    (10)  Betacetylmethadol;

    (11)  Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2-phenethyl)-4-piperidinyl]-N-phenylpropanamide;

    (12)  Beta-hydroxy-3-methylfentanyl (N-[1-(2- hydroxy-2-phenethyl)-3-methyl-4-piperidinyl]-N-phenylpropanamide);

    (13)  Betameprodine;

    (14)  Betamethadol;

    (15)  Betaprodine;

    (16)  Clonitazene;

    (17)  Dextromoramide;

    (18)  Diampromide;

    (19)  Diethylthiambutene;

    (20)  Difenoxin;

    (21)  Dimenoxadol;

    (22)  Dimepheptanol;

    (23)  Dimethylthiambutene;

    (24)  Dioxaphetyl butyrate;

    (25)  Dipipanone;

    (26)  Ethylmethylthiambutene;

    (27)  Etonitazene;

    (28)  Etoxeridine;

    (29)  Furethidine;

    (30)  Hydroxypethidine;

    (31)  Ketobemidone;

    (32)  Levomoramide;

    (33)  Levophenacylmorphan;

    (34)  3-Methylfentanyl (N-[3-methyl-1-(2-phenylethyl)-4-piperidyl]-N-phenylpropanamide);

    (35)  3-methylthiofentanyl (N-[3-methyl-1-(2-thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide);

    (36)  Morpheridine;

    (37)  MPPP (1-methyl-4-phenyl-4-propionoxypiperidine);

    (38)  Noracymethadol;

    (39)  Norlevorphanol;

    (40)  Normethadone;

    (41)  Norpipanone;

    (42)  Para-fluorofentanyl (N-(4-fluorophenyl)-N-[1-(2-phenethyl)-4-piperidinyl] propanamide;

    (43)  PEPAP (1-(-2-phenethyl)-4-phenyl-4-acetoxypiperidine;

    (44)  Phenadoxone;

    (45)  Phenampromide;

    (46)  Phenomorphan;

    (47)  Phenoperidine;

    (48)  Piritramide;

    (49)  Proheptazine;

    (50)  Properidine;

    (51)  Propiram;

    (52)  Racemoramide;

    (53)  Thiofentanyl (N-phenyl-N-[1-(2-thienyl)ethyl-4-piperidinyl]-propanamide);

    (54)  Tilidine;

    (55)  Trimeperidine;

    (56)  N-[1-benzyl-4-piperidyl]-N-phenylpropanamide (benzylfentanyl), its optical isomers, salts, and salts of isomers; and

    (57)  N-[1-(2-thienyl)methyl-4-piperidyl]-N-phenylpropanamide (thenylfentanyl), its optical isomers, salts, and salts of isomers.

     (c)  Any of the following opium derivatives, their salts, isomers, and salts of isomers, unless specifically excepted, whenever the existence of these salts, isomers, and salts of isomers is possible within the specific chemical designation:

     (1)  Acetorphine;

     (2)  Acetyldihydrocodeine;

     (3)  Benzylmorphine;

     (4)  Codeine methylbromide;

     (5)  Codeine-N-Oxide;

     (6)  Cyprenorphine;

     (7)  Desomorphine;

     (8)  Dihydromorphine;

     (9)  Drotebanol;

    (10)  Etorphine;

    (11)  Heroin;

    (12)  Hydromorphinol;

    (13)  Methyldesorphine;

    (14)  Methyldihydromorphine;

    (15)  Morphine methylbromide;

    (16)  Morphine methylsulfonate;

    (17)  Morphine-N-Oxide;

    (18)  Myrophine;

    (19)  Nicocodeine;

    (20)  Nicomorphine;

    (21)  Normorphine;

    (22)  Phoclodine;

    (23)  Thebacon.

     (d)  Any material, compound, mixture, or preparation that contains any quantity of the following hallucinogenic substances, their salts, isomers, and salts of isomers, unless specifically excepted, whenever the existence of these salts, isomers, and salts of isomers is possible within the specific chemical designation:

     (1)  Alpha-ethyltryptamine (AET);

     (2)  2,5-dimethoxy-4-ethylamphetamine (DOET);

     (3)  2,5-dimethoxyamphetamine (2,5-DMA);

     (4)  3,4-methylenedioxy amphetamine;

     (5)  3,4-methylenedioxymethamphetamine (MDMA);

     (6)  N-hydroxy-3,4-methylenedioxyamphetamine (N-hydroxy-MDA);

     (7)  3,4-methylenedioxy-N-ethylamphetamine (MDE);

     (8)  5-methoxy-3,4-methylenedioxy-amphetamine;

     (9)  4-bromo-2,5-dimethoxy-amphetamine(4-bromo-2,5-DMA);

    (10)  4-Bromo-2,5-dimethoxyphenethylamine (Nexus);

    (11)  3,4,5-trimethoxy amphetamine;

    (12)  Bufotenine;

    (13)  4-methoxyamphetamine (PMA);

    (14)  Diethyltryptamine;

    (15)  Dimethyltryptamine;

    (16)  4-methyl-2,5-dimethoxy-amphetamine;

    (17)  Gamma hydroxybutyrate (GHB) (some other names include gamma hydroxybutyric acid; 4-hydroxybutyrate; 4‑hydroxybutanoic acid; sodium oxybate; sodium oxybutyrate);

    (18)  Ibogaine;

    (19)  Lysergic acid diethylamide;

    (20)  Marijuana;

    (21)  Parahexyl;

    (22)  Mescaline;

    (23)  Peyote;

    (24)  N-ethyl-3-piperidyl benzilate;

    (25)  N-methyl-3-piperidyl benzilate;

    (26)  Psilocybin;

    (27)  Psilocyn;

    (28)  1-[1-(2-Thienyl) cyclohexyl] Pyrrolidine (TCPy);

    (29)  Tetrahydrocannabinols;

    (30)  Ethylamine analog of phencyclidine (PCE);

    (31)  Pyrrolidine analog of phencyclidine (PCPy, PHP);

    (32)  Thiophene analog of phencyclidine (TPCP; TCP);

    (33)  Gamma-butyrolactone, including butyrolactone; butyrolactone gamma; 4-butyrolactone; 2(3H)-furanone dihydro; dihydro-2(3H)-furanone; tetrahydro-2-furanone; 1,2-butanolide; 1,4-butanolide; 4‑butanolide; gamma-hydroxybutyric acid lactone; 3‑hydroxybutyric acid lactone and 4-hydroxybutanoic acid lactone with Chemical Abstract Service number 96‑48-0 when any such substance is intended for human ingestion;

    (34)  1,4 butanediol, including butanediol; butane-1,4-diol; 1,4- butylenes glycol; butylene glycol; 1,4-dihydroxybutane; 1,4- tetramethylene glycol; tetramethylene glycol; tetramethylene 1,4- diol with Chemical Abstract Service number 110-63-4 when any such substance is intended for human ingestion;

    (35)  2,5-dimethoxy-4-(n)-propylthiophenethylamine (2C-T-7), its optical isomers, salts, and salts of isomers;

    (36)  N-benzylpiperazine (BZP; 1-benzylpiperazine) its optical isomers, salts, and salts of isomers;

    (37)  1-(3-trifluoromethylphenyl)piperazine (TFMPP), its optical isomers, salts, and salts of isomers;

    (38)  Alpha-methyltryptamine (AMT), its isomers, salts, and salts of isomers; and

    (39)  5-methoxy-N,N-diisopropyltryptamine (5-MeO-DIPT), its isomers, salts, and salts of isomers.

     (e)  Depressants.  Unless specifically excepted, the schedule shall include any material, compound, mixture, or preparation which contains any quantity of the substance:

     (1)  Mecloqualone; or

     (2)  Methaqualone.

     (f)  Stimulants.  Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system, including its salts, isomers, and salts of isomers:

     (1)  Aminorex;

     (2)  Cathinone;

     (3)  Fenethylline;

     (4)  Methcathinone;

     (5)  N-ethylamphetamine;

     (6)  4-methylaminorex;

     (7)  N,N-dimethylamphetamine.

     (g)  The enumeration of marijuana, tetrahydrocannabinols, or chemical derivatives of tetrahydrocannabinol as Schedule I controlled substances does not apply to the use or possession of marijuana, tetrahydrocannabinols, or chemical derivatives of tetrahydrocannabinol by qualified patients, primary care givers, or licensed producers pursuant to part IX of chapter 329 regarding the medical use of cannabis."

     SECTION 4.  Chapter 329, part IX, Hawaii Revised Statutes, is amended by amending its title to read as follows:

     "[[]PART IX.[]]  MEDICAL USE OF [MARIJUANA] CANNABIS"

     SECTION 5.  Section 329-121, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§329-121[]]  Definitions.  As used in this part:

     "Adequate supply" means an amount of [marijuana] cannabis jointly possessed between the qualifying patient and the primary caregiver that is not more than is reasonably necessary to assure the uninterrupted availability of [marijuana] cannabis for the purpose of alleviating the symptoms or effects of a qualifying patient's debilitating medical condition; provided that an "adequate supply" shall not exceed three mature [marijuana] cannabis plants, four immature [marijuana] cannabis plants, and one ounce of usable [marijuana] cannabis per each mature plant.

     "Department" means the department of health.

     "Debilitating medical condition" means:

     (1)  Cancer, glaucoma, positive status for human immunodeficiency virus, acquired immune deficiency syndrome, or the treatment of these conditions;

     (2)  A chronic or debilitating disease or medical condition or its treatment that produces one or more of the following:

         (A)  Cachexia or wasting syndrome;

         (B)  Severe pain;

         (C)  Severe nausea;

         (D)  Seizures, including those characteristic of epilepsy; or

         (E)  Severe and persistent muscle spasms, including those characteristic of multiple sclerosis or Crohn's disease; or

     (3)  Any other medical condition approved by the department of health pursuant to administrative rules in response to a request from a physician or potentially qualifying patient.

     ["Marijuana"] "Cannabis" shall have the same meaning as "marijuana" and "marijuana concentrate" as provided in sections 329‑1 and 712-1240.

     "Licensed producer" means any person or association of persons within the State of Hawaii that the department of health determines to be qualified to produce, possess, distribute, and dispense cannabis pursuant to this part and that is licensed by the department.

     "Medical use" means the acquisition, possession, cultivation, use, distribution, or transportation of [marijuana] cannabis or paraphernalia relating to the administration of [marijuana] cannabis to alleviate the symptoms or effects of a qualifying patient's debilitating medical condition.  For the purposes of "medical use", the term distribution is limited to the transfer of [marijuana] cannabis and paraphernalia from the primary caregiver to the qualifying patient.

     "Physician" means a person who is licensed under chapters 453 and 460, and is licensed with authority to prescribe drugs and is registered under section 329-32.  "Physician" does not include physician's assistant as described in section 453‑5.3.

     "Primary caregiver" means a person, other than the qualifying patient and the qualifying patient's physician, who is eighteen years of age or older who has agreed to undertake responsibility for managing the well-being of the qualifying patient with respect to the medical use of [marijuana.] cannabis.  In the case of a minor or an adult lacking legal capacity, the primary caregiver shall be a parent, guardian, or person having legal custody.

     "Qualifying patient" means a person who has been diagnosed by a physician as having a debilitating medical condition.

     ["Usable marijuana"] "Usable cannabis" means the dried leaves and flowers of the plant Cannabis family Moraceae, and any mixture [[]or[]] preparation thereof, that are appropriate for the medical use of [marijuana.] cannabis.  ["Usable marijuana"] "Usable cannabis" does not include the seeds, stalks, and roots of the plant.

     "Written certification" means the qualifying patient's medical records or a statement signed by a qualifying patient's physician, stating that in the physician's professional opinion, the qualifying patient has a debilitating medical condition and the potential benefits of the medical use of [marijuana] cannabis would likely outweigh the health risks for the qualifying patient.  The department of [public safety] health may require, through its rulemaking authority, that all written certifications comply with a designated form.  "Written certifications" are valid for only one year from the time of signing."

     SECTION 6.  Section 329-122, Hawaii Revised Statutes, is amended to read as follows:

     "§329-122  Medical use of [marijuana;] cannabis; conditions of use.  (a)  Notwithstanding any law to the contrary, the medical use of [marijuana] cannabis by a qualifying patient shall be permitted only if:

     (1)  The qualifying patient has been diagnosed by a physician as having a debilitating medical condition;

     (2)  The qualifying patient's physician has certified in writing that, in the physician's professional opinion, the potential benefits of the medical use of [marijuana] cannabis would likely outweigh the health risks for the particular qualifying patient; and

     (3)  The amount of [marijuana] cannabis does not exceed an adequate supply.

     (b)  Subsection (a) shall not apply to a qualifying patient under the age of eighteen years, unless:

     (1)  The qualifying patient's physician has explained the potential risks and benefits of the medical use of [marijuana] cannabis to the qualifying patient and to a parent, guardian, or person having legal custody of the qualifying patient; and

     (2)  A parent, guardian, or person having legal custody consents in writing to:

         (A)  Allow the qualifying patient's medical use of [marijuana;] cannabis;

         (B)  Serve as the qualifying patient's primary caregiver; and

         (C)  Control the acquisition of the [marijuana,] cannabis, the dosage, and the frequency of the medical use of [marijuana] cannabis by the qualifying patient.

     (c)  The authorization for the medical use of [marijuana] cannabis in this section shall not apply to:

     (1)  The medical use of [marijuana] cannabis that endangers the health or well-being of another person;

     (2)  The medical use of [marijuana:] cannabis:

         (A)  In a school bus, public bus, or any moving vehicle;

         (B)  In the workplace of one's employment;

         (C)  On any school grounds;

         (D)  At any public park, public beach, public recreation center, recreation or youth center; or

         (E)  [Other] At any other place open to the public; and

     (3)  The use of [marijuana] cannabis by a qualifying patient, parent, or primary caregiver for purposes other than medical use permitted by this part."

     SECTION 7.  Section 329-123, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§329-123[]]  Registration requirements.  (a)  Physicians who issue written certifications shall register the names, addresses, patient identification numbers, and other identifying information of the patients issued written certifications with the department of [public safety.] health.  The department of health shall provide the department of public safety, on a weekly basis, a copy of the information provided by physicians.

     (b)  Qualifying patients shall register with the department of [public safety.] health.  Such registration shall be effective until the expiration of the certificate issued by the physician.  Every qualifying patient shall provide sufficient identifying information to establish personal identity of the qualifying patient and the primary caregiver.  Qualifying patients shall report changes in information within five working days.  Every qualifying patient shall have only one primary caregiver at any given time.  The department shall then issue to the qualifying patient a registration certificate, and may charge a reasonable fee not to exceed [$25.] $50.  The department of health shall provide the department of public safety, on a weekly basis, a copy of the information provided by qualifying patients.

     (c)  Primary caregivers shall register with the department of [public safety.] health.  Every primary caregiver shall be responsible for the care of only one qualifying patient at any given time.  The department of health shall provide the department of public safety, on a weekly basis, a copy of the information provided by primary caregivers.

     (d)  Upon an inquiry by a law enforcement agency, the department of [public safety] health shall verify whether the particular qualifying patient or licensed producer has registered with the department and may provide reasonable access to the registry information for official law enforcement purposes."

     SECTION 8.  Section 329-124, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§329-124[]]  Insurance not applicable.  This part shall not be construed to require insurance coverage for the medical use of [marijuana.] cannabis."

     SECTION 9.  Section 329-125, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§329-125[]]  Protections afforded to a qualifying patient or primary caregiver.  (a)  A qualifying patient or the primary caregiver may assert the medical use of [marijuana] cannabis as an affirmative defense to any prosecution involving [marijuana] cannabis under this [[]part[]] or chapter 712; provided that the qualifying patient or the primary caregiver strictly complied with the requirements of this part.

     (b)  Any qualifying patient or primary caregiver not complying with the permitted scope of the medical use of [marijuana] cannabis shall not be afforded the protections against searches and seizures pertaining to the misapplication of the medical use of [marijuana.] cannabis.

     (c)  No person shall be subject to arrest or prosecution for simply being in the presence or vicinity of the medical use of [marijuana] cannabis as permitted under this part."

     SECTION 10.  Section 329-126, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§329-126[]]  Protections afforded to a treating physician.  No physician shall be subject to arrest or prosecution, penalized in any manner, or denied any right or privilege for providing written certification for the medical use of [marijuana] cannabis for a qualifying patient; provided that:

     (1)  The physician has diagnosed the patient as having a debilitating medical condition, as defined in section 329‑121;

     (2)  The physician has explained the potential risks and benefits of the medical use of [marijuana,] cannabis, as required under section 329-122;

     (3)  The written certification is based upon the physician's professional opinion after having completed a full assessment of the patient's medical history and current medical condition made in the course of a bona fide physician-patient relationship; and

     (4)  The physician has complied with the registration requirements of section 329-123."

     SECTION 11.  Section 329-127, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§329-127[]]  Protection of [marijuana] cannabis and other seized property.  [Marijuana,] Cannabis, paraphernalia, or other property seized from a qualifying patient or primary caregiver in connection with a claimed medical use of [marijuana] cannabis under this part shall be returned immediately upon the determination by a court that the qualifying patient or primary caregiver is entitled to the protections of this part, as evidenced by a decision not to prosecute, dismissal of charges, or an acquittal; provided that law enforcement agencies seizing live plants as evidence shall not be responsible for the care and maintenance of [such] the plants."

     SECTION 12.  Section 329-128, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§329-128[]]  Fraudulent misrepresentation; penalty.  (a)   Notwithstanding any law to the contrary, fraudulent misrepresentation to a law enforcement official of any fact or circumstance relating to the medical use of [marijuana] cannabis to avoid arrest or prosecution under this part or chapter 712 shall be a petty misdemeanor and subject to a fine of $500.

     (b)  Notwithstanding any law to the contrary, fraudulent misrepresentation to a law enforcement official of any fact or circumstance relating to the issuance of a written certificate by a physician not covered under section 329-126 for the medical use of [marijuana] cannabis shall be a misdemeanor.  This penalty shall be in addition to any other penalties that may apply for the non-medical use of [marijuana.] cannabis.  Nothing in this section is intended to preclude the conviction of any person under section 710-1060 or for any other offense under part V of chapter 710.

     (c)  If a licensed producer sells, distributes, dispenses or transfers cannabis to a person not approved by the department pursuant to this part or obtains or transports cannabis outside the State of Hawaii in violation of federal law, the licensed producer shall be subject to arrest, prosecution, and civil or criminal penalties pursuant to state law."

     SECTION 13.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

     SECTION 14.  All appropriations, records, equipment, files, supplies, contracts, books, papers, documents, maps, computer software and data, authorizations and other property, both real and personal, heretofore made, used, acquired, or held by the department of public safety in the exercise of the functions and programs transferred by the Act shall be transferred to the department of health when the functions or programs are transferred.

     SECTION 15. All rules or other documents executed or entered into by or on behalf of the department of public safety pursuant to the provisions of part IX of chapter 329, Hawaii Revised Statutes, which are reenacted or made applicable to the department of health by this Act, shall remain in full force and effect until amended or repealed by the department of health pursuant to chapter 91, Hawaii Revised Statutes.

     SECTION 16.  Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

     SECTION 17. This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________