HomeMy WebLinkAboutCOM 0102.058 2000-2002 J~1Y Oi N:W
AARON S.Y. CNUNG Phone: 961-896
('oirncibnemher ~ - A X: 96 I -89 I
qrE O6•aP.ee
OFFICE OF THE COUNTY COUNCIL
('uunh• of ~Hu~°urr
I/uu~arr ('ourlrr Builcli~;~
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1/No, 1/auuri 9(??ll
October 8, 2002
To Whom It May Concern:
At the meeting of the Hawaii County Council's Committee on Finance of~
October 8, 2002, Kevin Horton presented the attached CD ROM
containing photographs regards Comm. 102.51, the Marijuana Eradication
Mission Report for the month of August, 2002. Said videotape is made a
part of the public record and is on file in the Clerk's office.
For further information or to view photographs, please call (808) 961-
8255. Thank you.
Aaron S.Y. Chung, Cha'
Finance Committee
Attachment
~;omrn. Noe ~
F51e No.
Ref. ~`o
Ref. I~~te ®C~ Q 8 ZOOZ
862
THE SENATE S.B. NO. S. D. 2
TWENTIETH hEGISLATURE, 1999 H.D. 1
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO MEDICAL, USE OF MARIJUANA.
1 SECTION 1. The legislature finds that modern medical
2 research has discovered a beneficial use for marijuana in
' 3 treating or alleviating the pain or other symptoms associated
4 with certain debilitating illnesses. There is sufficient medical
5 and anecdotal evidence to support the proposition that these
6 diseases and conditions may respond favorably to a medically
7 controlled use of marijuana.
8 The legislature is aware of the legal problems associated
9 with the legal acquisition of marijuana for medical use.
10 However, the legislature believes that medical scientific
11 evidence on the medicinal benefits of marijuana should be
12 recognized. Although federal law expressly prohibits the use of
13 marijuana, the legislature recognizes that a number of states are
~ 14 taking the initiative in legalizing the use of marijuana for
15 medical purposes. Voter initiatives permitting the medical use
ti,e.e.„.//...a~r.s. n~aoi4~1 ~oczrsii ~rn~r/ea~eeinve7(1(llllartclOrt7'IS2 CRStli7 T-ST11 h9m i~i~ni~nni
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16 of marijuana have passed in California, Arizona, Dragon,
17 smlashington, Alaska, tdlaine, Nevada, and the District of Columbia.
18 'The legislature intends to join in this initiative for the
19 health and welfare of its citizens. However, the legislature
20 does not intend to legalize marijuana for other than amedical
Page 2 862
S.H. NO. S.D. 2
H.D. 1
1 purposes. The passage of this Act and the policy underlying it
2 does not in any way dinninish the legislature's strong public
3 policy and laws against illegal drug use.
4 Therefore, the purpose of this Act is to ensure that
5 seriously ill people are not penalized by the State for the use
6 of marijuana for strictly medical purposes when the patient's
7 treating physician provides a professional opinion that the
8 benefits of medical use of marijuana would likely outweigh the
9 health risks for the qualifying patient.
10 SECTION 2. Chapter 329, Hawaii Revised Statutes, is amended
11 by adding a new part to be appropriately designated and to read
12 as follows:
14 ~32~~~ %3~~3,~i~i.®~a~ . As used in this part
i5 "Adequate supply" means an amount of marijuana jointly
16 possessed between the qualifying patient and the primary
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17 caregiver that is not more than is reasonably necessary to assure
18. the uninterrupted availability of marijuana for the purpose of
19 alleviating the symptoms or effects of a qualifying patient's
20 debilitating medical condition; provided that an "adequate
21 supply" shall not exceed marijuana plants,
22 i_ j and ne unce of u~able marijuana per
23 each mature plant.
Page 3 862
S.B. NO. S.D. 2
H.D. 1
1 "Debilitating medical condition" means:
2 (1) Cancer, glaucoma, positive status for huz~an
3 a.mmunodeficiency virus, acquired immune deficiency
4 syndrome, or the treatment of these conditions;
5 (2) A chronic or debilitating disease or medical condition
6 or its treatment that produces one or more of the
7 following:
8 (A) Cachexia or wasting syndrome;
g (B) Severe pain;
10 (C) Severe nausea;
11 (D) Seizures, including those characteristic of
12 epilepsy; or
13 (E) Severe and persistent muscle spasms, including
14 those characteristic of multiple sclerosis or
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15 Crohn's disease;
16. or
17 (3) Any other rt~edical condition approved by the department
18 of health pursuant to administrative rubs in response
19 to a request from a physician or potentially qualifying
20 ~ patient.
21 "Marijuana" shall have the same meaning as "marijuana" and
22 °'marijuana concentrate" as provided in sections 329-1 and 712-
23 1240.
Page 4 862
S.B. NO_ S. D. 2
H.D. 1
1 "Medical use" means the acquisition, possession,
2 cultivation, use, distribution, or transportata.on of marijuana or
3 paraphernalia relating to the administration of marijuana to
4 alleviate the symptoms or effects of a qualifying patient's
5 debilitating medical condition. For the purposes of "medical
6 use", the term distribution is limited to the transfer of
7 Marijuana and paraphernalia from the primary caregiver to the
8 qualifying patient.
9 ''Physician" r~eeans a person who is licensed under
10 chapters 453 and 460, and is licensed with authority to prescribe
11 drugs and is registered under section 329-32. "Physician" does
12 not include physician's assistant a4 described in section 453-
Pie 6 1
13 5.3. Ql
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14 "Primary caregiver°' F€aeans a person, othex than the
15 qualifying patient and the qualifying patient's physician, who is
16 eighteen-years-of-age or older who has agreed to undertake
17 responsibility for managing the well-being of the qualifying
18 patient with respect to the medical use of marijuana. In the
19 case of a minor or an adult lacking legal capacity, the primary
20 caregiver shall be a parent, guardian, or person having legal
21 custody.
22 "Qualifying patient°' means a person who has been diagnosed
23 by a physician as having a debilitating medical condition.
Page 5 662
S.H. NO. S.D. 2
H.D. 1
1 ''Usable marijuana" means the dried leaves and flowers of the
2 plant Cannabis family Moraceae, and any mixture of preparation
3 thereof, that are appropriate for the medical use of marijuana.
4 "Usable marijuana" does not include the seeds, stalks, and roots
5 of the plant.
6 "T~ritten certification" means the qualifying patient's
7 medical records or a statement signed by a qualifying patient's
8 physician, stating that in the physician's professional opinion,
9 the qualifying patient has a debilitating medical condition and
10 the potential benefits of the medical use of marijuana would
~ 11 1 / _ __.!_._/1Ann/_ _a_/A _~/~/'fA C~TI~I/11 TrTV1 Tn~^v nir?nnT
l~ department of public safety gtcay require, through its rulemaking
13 authority, that all written certifications comply with a
14 designated f~rmn "~~ritten certifications" are valid for only one
15 year from the time ofc signing.
17 Notwithstanding any lair to the contrary, the medical use of
18 marijuana by a qualifying patient s1~:a11 be perxn.itted only if
19 (1) The qualifying patient has been diagnosed by a
20 physician as having a debilitating xrsedical condition;
21 (2) The qualifying patient's physician has certified in
22 writing that, in the physician's professional opinion,
23 the potential benefits of the medical use of marijuana
Page 6 862
S.B. N0. S.D. 2
H.D. 1
1 would likely outweigh the health risks for the
2 particular qualifying patient; and
3 (3) The amount of marijuana does not exceed an adequate
4 supply.
5 (b) Subsection (a) shall not apply to a qualifying patient
6 under the age of eighteen years, unless:
7 (1} The qualifying patient's physician has explained the
8 potential risks and benefits of the medical use of
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9 marijuana to the qualifying patient and to a parent,
iQ guardian, or person having legal custody of the
11 qualifying patient; and
12 (2) A parent, guardian, or person having legal custody
13 consents in writing to:
14 (A) Allow the qualifying patient's the medical use of
15 marijuana;
16 (B) Serve as the qualifying patient's primary
17 caregiver; and
18 (C) Control the acquisition of the marijuana, the
19 dosage, and the frequency of the medical use of
2p garijuana by the qualifying patient.
21 (c) fihe authorization for the medical use of marijuana in
22 this section shall not apply to:
Page 7 862
S.B. NO. S. D. 2
H_ D. 1
1 \ (1) The medical use of marijuana that endangers the health
2 or well--being of another person;
3 (2) fihe medical use of marijuana:
q (A) In a school bus, public bus, or any moving
5 vehicle;
g (B) In the workplace. of one's employment;
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7 (C) On any school grounds;
8 (D) dot any public park, public beach, public
9 recreation center, recreation or youth center; or
10 (E) Other place open to the public;
11 and
12 - (3) The use of marijuana by a qualifying patient, parent,
13 or primary caregiver for purposes other than medical
14 use permitted by this chapter.
15 ~32~m~ ~i~~~®~ x~~.r~~. (a) Physicians who issue
16 written certification shall register the names, addresses,
17 patient identification numbers, and other identifying information
18 of the patients issued written certifications with the department
19 of public safety.
20 (b) Qualifying patients shall register with the department
21 of public safety. Such registration shall be effective until the
22 expiration of the certificate issued by the physician. Every
23 qualifying patient shall provide sufficient identifying
Page 8 862
S.B. NO. S_D. 2
H.D. 1
1 information to establish personal identity of the qualifying
2 patient and the primary caregiver. Qualifying patients shall
a. -
3 report changes in information within five working days. Every
4 qualifying patient shall have only one primary caregiver at any
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5 given time. -The department shall then issue to the qualifying
6 patient a registration certificate, and may charge a reasonable
7 fee not to exceed $25.
8 (c) Primary caregivers shall register with the department
9 of public safety. Every primary caregiver shall be respansible
10 for the care of only one qualifying patient at any given time.
11 (d) Upon an inquiry by a law enforcement agency, -the
1~ department of public safety shall verify whether the particular
13 qualifying patient has registered with the department and may
14 provide reasonable access to the registry information for
15 official law enforcement purposes.
16 ~3~9=~ ~g~ ~~p~i 1~. This part shall. not be
17 construed to require insurance coverage for the medical use of
18 marijuana .
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