HOUSE OF REPRESENTATIVES

H.B. NO.

77

TWENTY-SEVENTH LEGISLATURE, 2013

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to Medical use of marijuana.

 

 

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

 


SECTION 1. The legislature finds that the possession or distribution of marijuana is a criminal offense under part IV of chapter 712, Hawaii Revised Statutes. However, qualifying patients with certain medical conditions may assert the medical use of marijuana as a defense to prosecution pursuant to sections 329-125 and 712-1240.1, Hawaii Revised Statutes.

The department of public safety currently administers the state program regulating the medical use of marijuana. However, the legislature finds that the program should be transferred to the department of health, which has experience and expertise in working with patients and health programs. A transfer of departmental jurisdiction would help steer the focus of the medical marijuana program towards health issues and remove any stigma of perceived criminality that may be attached to the program being administered by the department of public safety, which is largely associated with the purposes of corrections, security, and law enforcement. In addition, the department of health is the more appropriate agency to facilitate authorized access to medical marijuana and disseminate easily understandable information relating to the program.

The purpose of this Act is to improve the state program on the medical use of marijuana by transferring jurisdiction over the program from the department of public safety to the department of health.

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

""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 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 3. 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.

(b) Qualifying patients shall register with the department of [public safety.] health. The registration shall be effective until the expiration of the certificate issued by the department of health and signed by the physician. Every qualifying patient shall provide sufficient identifying information to establish the personal identities 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 of health shall then issue to the qualifying patient a registration certificate, and may charge a reasonable fee not to exceed $35.

(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.

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

SECTION 4. All rights, powers, functions, and duties of the department of public safety relating to the medical use of marijuana under chapter 329, Part IX, Hawaii Revised Statutes, are transferred to the department of health.

All employees who occupy civil service positions and whose functions are transferred to the department of health by this Act shall retain their civil service status, whether permanent or temporary. Employees shall be transferred without loss of salary, seniority (except as prescribed by applicable collective bargaining agreements), retention points, prior service credit, any vacation and sick leave credits previously earned, and other rights, benefits, and privileges, in accordance with state personnel laws and this Act; provided that the employees possess the minimum qualifications and public employment requirements for the class or position to which transferred or appointed, as applicable; provided further that subsequent changes in status may be made pursuant to applicable civil service and compensation laws.

Any employee who, prior to this Act, is exempt from civil service and is transferred as a consequence of this Act may retain the employee's exempt status, but shall not be appointed to a civil service position as a consequence of this Act. An exempt employee who is transferred by this Act shall not suffer any loss of prior service credit, vacation or sick leave credits previously earned, or other employee benefits or privileges as a consequence of this Act; provided that the employees possess legal and public employment requirements for the position to which transferred or appointed, as applicable; provided further that subsequent changes in status may be made pursuant to applicable employment and compensation laws. The director of health may prescribe the duties and qualifications of such employees and fix their salaries without regard to chapter 76, Hawaii Revised Statutes.

SECTION 5. All appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property heretofore made, used, acquired, or held by the department of public safety relating to the functions transferred to the department of health shall be transferred with the functions to which they relate.

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect on July 1, 2013.

 

INTRODUCED BY:

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Report Title:

Medical Use of Marijuana; Transfer of Departmental Jurisdiction

 

Description:

Transfers jurisdiction over the state medical marijuana program from PSD to DOH.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.