HOUSE OF REPRESENTATIVES

H.B. NO.

37

THIRTIETH LEGISLATURE, 2019

H.D. 1

STATE OF HAWAII

PROPOSED

 

 

 

 

 

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 Senate Bill No. 2407, C.D. 1, passed during the regular session of 2018, would have allowed the use of medical cannabis to treat opioid use, substance use, and withdrawal symptoms resulting from the treatment of those conditions.  However, the measure was vetoed by the governor, because the department of health utilizes a standardized review process to add conditions to the list of debilitating conditions for which medical cannabis can be used.

     The legislature further finds that the authority to amend the statute to add medical conditions that might qualify as a debilitating medical condition is within its authority as an alternative to the review process.  Further, that given no petitions to add these conditions have been initiated by the public or by representatives of the medical community as part of the department of health’s process, it is in the best interest of the public for the legislature to take action.  Accordingly, the legislature finds that chronic and debilitating pain related conditions have been seen to be positively impacted by use of medical cannabis in many individuals who have access to medical cannabis as an alternate to long term use of opioid pain medications.

     The legislature further finds that given the national opioid crisis, where persons with chronic or debilitating pain conditions are at elevated risk for developing opioid use disorders due to long term use of opioid medications, there is a need to identify and make available all viable alternatives.  

     The legislature further finds that while there is much debate nationally as to the clinical benefit of medical cannabis as a  specific and viable intervention for treating opioid and other substance use disorders, there is a paucity of solid evidence from which to make a sound policy decision on this front.  However, there is substantive evidence that making medical cannabis available as an option for treating pain related conditions that are either caused or exacerbated by opioid and other substance use disorders has decreased prevalence of opioid use and overdose.

     The purpose of this Act is to add the following medical condition as a debilitating medical condition that qualifies for the medical use of cannabis:

     (1)  Withdrawal symptoms associated with ending long term opioid use for which there is a reasonable expectation that an individual would experience physiological withdrawal.

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

     ""Debilitating medical condition" means:

     (1)  Cancer, glaucoma, lupus, epilepsy, multiple sclerosis, rheumatoid arthritis, 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;

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

          (F)  Post-traumatic stress disorder; [or]

     (3)  Symptoms associated with ending long term opioid use for which there is a reasonable expectation that an individual would experience physiological withdrawal;

     (4) A medical condition that is normally treated with an opioid prescription medication that could lead to physical or psychological dependence, but may be treated more effectively and safely through the medical use of cannabis, as determined by a physician or advanced practice registered nurse; or

    [(3)] (5)  Any other medical condition approved by the department of health pursuant to administrative rules in response to a request from a physician or advanced practice registered nurse or potentially qualifying patient."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

 


 


 

Report Title:

Medical Cannabis; Opioid Use; Substance Use; Prescription Medication Dependence; Debilitating Medical Condition

 

Description:

Allows the use of medical cannabis to treat opioid use, substance use, and withdrawal symptoms resulting from the treatment of those conditions or a medical condition that is normally treated with a prescription medication that could lead to physical or psychological dependence, but can be treated more effectively and safely through medical cannabis.

 

 

 

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