THE SENATE

S.B. NO.

173

TWENTY-NINTH LEGISLATURE, 2017

S.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO MEDICAL MARIJUANA.

 

 

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

 


     SECTION 1.  Section 328-1, Hawaii Revised Statutes, is amended by amending the definition of "food" to read as follows:

     ""Food" means:

     (1)  Articles used for food or drink by humans, dogs, or cats;

     (2)  Chewing gum; or

     (3)  Articles used for components of any such article.

"Food" does not include edible cannabis products, as defined in section 329D‑10."

     SECTION 2.  Section 329-121, Hawaii Revised Statutes, is amended by amending the definition of "adequate supply" to read as follows:

     ""Adequate supply" means an amount of marijuana jointly possessed between the qualifying patient and the primary caregiver that is not more than is reasonably necessary to ensure the uninterrupted availability of marijuana 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: seven marijuana plants, whether immature or mature, seven marijuana seedlings, and four ounces of usable marijuana at any given time.  The four ounces of usable marijuana shall include any combination of usable marijuana and manufactured marijuana products, as provided in chapter 329D, with the marijuana in the manufactured marijuana products being calculated using information provided pursuant to section 329D‑9(c).  For the purposes of this definition, "plant" means a marijuana plant that is at least twelve vertical inches in height from where the base of the stalk emerges from the growth medium to the tallest point of the plant, or at least twelve horizontal inches in width from the end of one branch to the end of another branch; provided that multiple stalks emanating from the same root ball or root system shall be considered part of the same single plant.  For the purposes of this definition, "seedling" means a marijuana plant that is less than twelve vertical inches in height from where the base of the stalk emerges from the growth medium to the tallest point, or less than twelve horizontal inches in width from the end of one branch to the end of another branch."

     SECTION 3.  Section 329-130, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  After December 31, 2018, a qualifying patient shall obtain medical marijuana or manufactured marijuana products only:

     (1)  From a dispensary licensed pursuant to chapter 329D; provided that the marijuana shall be purchased and paid for at the time of purchase; or

     (2)  By cultivating marijuana in an amount that does not exceed an adequate supply for the qualifying patient, pursuant to section 329-122.

After December 31, [2018,] 2020, no primary caregiver shall be authorized to cultivate marijuana for any qualifying patient."

     SECTION 4.  Section 329D-9, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  The department shall establish health, safety, and sanitation standards regarding the manufacture of manufactured marijuana products[.]; provided that any area within a dispensary or production center where marijuana will be manufactured into an edible cannabis product as defined in section 329D-10 shall comply with the food safety code adopted by the department."

     SECTION 5.  Section 329D-10, Hawaii Revised Statutes, is amended to read as follows:

     "§329D-10  Types of manufactured marijuana products.  (a)  The types of medical marijuana products that may be manufactured and distributed pursuant to this chapter shall be limited to:

     (1)  Capsules;

     (2)  Lozenges;

     (3)  Pills;

     (4)  Oils and oil extracts;

     (5)  Tinctures;

     (6)  Ointments and skin lotions;

     (7)  Transdermal patches;

     (8)  Pre-filled and sealed containers used to aerosolize and deliver marijuana orally, such as with an inhaler or nebulizer; [and]

     (9)  Edible cannabis products; and

    [(9)] (10)  Other products as specified by the department.

     (b)  As used in this section[, "lozenge"]:

     (1)  "Edible cannabis products" means manufactured cannabis that is intended to be used, in whole or in part, for human consumption, including but not limited to chewing gum; provided that edible cannabis products:

         (A)  Shall be manufactured in a certified kitchen within a production center using marijuana grown in a production center;

         (B)  Shall be tested and specifically labeled for each product's dosage and strength;

         (C)  Shall not include products such as gummies, brightly colored candies, or other products that may attract children or bear resemblance to other commercially available products; and

         (D)  May include liquid products that contain no more than ten milligrams of activated tetrahydrocannabinol per serving; and

     (2)  "Lozenge" means a small tablet manufactured in a manner to allow for the dissolving of its medicinal or therapeutic component slowly in the mouth."

     SECTION 6.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 7.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 8.  This Act shall take effect on July 1, 2050; provided that sections 1, 4, and 5 shall take effect on July 1, 2018.

 


 


 

Report Title:

Medical Marijuana; Plant; Seedling; Primary Caregivers; Edible Cannabis Products

 

Description:

Clarifies that an adequate supply of medical marijuana authorized for possession by a qualifying patient and the primary caregiver includes seven marijuana plants that are at least twelve inches in height or width, and seven marijuana seedlings that are less than twelve inches in height and width.  Authorizes primary caregivers to continue cultivating marijuana for qualifying patients until December 31, 2020.  Defines edible cannabis products as manufactured cannabis that is intended to be used, in whole or in part, for human consumption and provides manufacturing requirements for edible cannabis products.  Authorizes licensed medical marijuana dispensaries to manufacture and distribute edible cannabis products beginning July 1, 2018.  Effective 7/1/2050.  (SD1)

 

 

 

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