Report Title:

Medical Marijuana; registered distributors

Description:

Permits a 501(c)(3) nonprofit organization to distribute marijuana for qualified medical purposes.

THE SENATE

S.B. NO.

2502

TWENTY-FIRST LEGISLATURE, 2002

 

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. The legislature stands behind its firm commitment not to penalize, at the state level, those who need medical marijuana, just as it stands firm against the unlawful use of marijuana. There is a gap in the existing medical marijuana law: it protects from liability the doctor who prescribes, the patient who uses, and the primary caretaker who facilitates the use of, medical marijuana. Yet there is no such corresponding protection for a person who distributes the marijuana to the patient in need.

The purpose of this Act is to provide legal protection at the state level to certain 501(c)(3) tax-exempt organizations. The legislature finds that the potential for abuse by these nonprofits would be low and the benefit to patients in need would be high. It would also be easier for the state to monitor medical marijuana distribution if its distributors were registered.

SECTION 2. 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- Protections afforded to a registered distributor. No registered distributor or its staff shall be subject to arrest or prosecution, penalized in any manner, or denied any right or privilege for distributing medical marijuana to a qualifying patient. A patient who seeks to obtain medical marijuana from a registered distributor shall produce a valid written certification issued under this section and shall receive no more than an adequate supply of marijuana."

SECTION 3. Section 329-121, Hawaii Revised Statutes, is amended as follows:

1. By adding a new definition to be appropriately inserted and to read as follows:

""Registered distributor" means a tax-exempt organization under section 501(c)(3) of the Internal Revenue Code of 1986, as amended, that has complied with the registration requirements of section 329-123 and that distributes marijuana to qualified patients."

2. By amending the definition of "medical use" to read:

""Medical use" means the acquisition, possession, cultivation, use, distribution, or transportation of marijuana or paraphernalia relating to the administration of marijuana 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 and paraphernalia from the primary caregiver or a registered distributor to the qualifying patient."

SECTION 4. Section 329-123, Hawaii Revised Statutes, is amended by adding a new subsection to be appropriately designated and to read as follows:

"(e) A tax-exempt organization under section 501(c)(3) of the Internal Revenue Code of 1986, as amended, may apply for registration with the department of public safety as a registered distributor. The application shall be on a standard form to be determined by the department of public safety. An application for registration under this subsection shall be accepted or denied by written documentation within thirty days of the date the application was received by the department. A denial shall include a statement of reasons for the denial. No distribution of marijuana shall be made by any organization unless it has obtained a valid registration under this section."

SECTION 5. Section 329-127, Hawaii Revised Statutes, is amended to read as follows:

"§329-127 Protection of marijuana and other seized property. Marijuana, paraphernalia, or other property seized from a qualifying patient [or], primary caregiver, or registered distributor in connection with a claimed medical use of marijuana under this part shall be returned immediately upon the determination by a court that the qualifying patient [or], primary caregiver, or registered distributor 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 plants."

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.

INTRODUCED BY:

_________________________(BR)