HOUSE OF REPRESENTATIVES

H.B. NO.

836

TWENTY-NINTH LEGISLATURE, 2017

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO MARIJUANA.

 

 

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

 


     SECTION 1.  The legislature finds that current laws do not fully protect the rights of medical marijuana patients and their primary caregivers.  Patients and primary caregivers are prohibited from transporting marijuana between islands, although patients may need to transport marijuana between islands for medical use upon arriving on a different island.

     The legislature further finds that compassionate and reasonable regulation of medical marijuana is necessary to ensure that people with debilitating medical conditions have access to their marijuana.

     SECTION 2.  Chapter 261, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§261-    Interisland transportation of marijuana; rules.  The department may adopt rules, pursuant to chapter 91, regarding the interisland transportation of marijuana, usable marijuana, or any manufactured marijuana product.  For purposes of this section, "marijuana" and "usable marijuana" shall be as defined in section 329-121."

     SECTION 3.  Chapter 329, Hawaii Revised Statutes, is amended by adding a new section to part IX to be appropriately designated and to read as follows:

     "§329-    Interisland transportation of marijuana by a qualified patient or primary caregiver.  In addition to the transport permitted under section 329-122, a qualifying patient or primary caregiver may transport marijuana or manufactured marijuana products between the islands of the State, in a manner and amount prescribed by rules adopted pursuant to chapter 91 by:

     (1)  The department; and

     (2)  The department of transportation under section 261‑  ,

and with the understanding that state law and its protections do not apply outside of the jurisdictional limits of the State."

     SECTION 4.  Section 329-122, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

     "(d)  For the purposes of this section, "transport" means the transportation of marijuana, usable marijuana, or any manufactured marijuana product between:

     (1)  A qualifying patient and the qualifying patient's primary caregiver;

     (2)  The production centers and the retail dispensing locations under a dispensary licensee's license; or

     (3)  A production center or retail dispensing location and a certified laboratory for the purpose of laboratory testing;

provided that "transport" [does not include] includes the interisland transportation of marijuana, usable marijuana, or any manufactured marijuana product[, except] only when the transportation is performed for the sole purpose of laboratory testing pursuant to section 329D-8, as permitted under section 329D-6(m) and subject to section 329D‑6(j), or in accordance with section 329-  , and with the understanding that state law and its protections do not apply outside of the jurisdictional limits of the State."

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect on July 1, 2090.


 


 

Report Title:

Marijuana; Interisland Transportation

 

Description:

Authorizes the interisland transportation of marijuana by medicinal marijuana patients and primary caregivers.  Requires Departments of Health and Transportation to adopt rules according to chapter 91 regarding interisland transportation of marijuana.  (HB836 HD1)

 

 

 

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