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COUNTY OF HAWAII �_��' STATE OF HAWAII <br /> RESOLUTION NO. 338 15 <br /> A RESOLUTION URGING THE HAWAII STATE LEGISLATURE TO AMEND <br /> ACT 241, RELATING TO MEDICAL MARIJUANA, TO ADDRESS PRODUCTION <br /> CENTERS IN AGRICULTURAL ZONED LANDS AND PROHIBITIONS ON PRIMARY <br /> CAREGIVERS. <br /> WHEREAS, the purpose of Act 241, signed into law on July 14, 2015, is to establish a <br /> regulated statewide dispensary system for medical marijuana to ensure safe and legal access to <br /> medical marijuana for qualifying patients; and <br /> WHEREAS, Act 241 does not allow the counties to have any input on where medical <br /> marijuana production centers are to be located in agricultural zoned lands; and <br /> WHEREAS, based on input from the residents of Hawai`i Island, the County of Hawai`i <br /> would like to have some control with regard to where the medical marijuana production centers <br /> may be located in agricultural zoned lands; and <br /> WHEREAS, each county, by ordinance, in coordination with the Hawai`i State <br /> Department of Health, should be allowed to determine the permitted locations for marijuana <br /> production centers within agricultural zoned lands; and <br /> WHEREAS, primary caregivers are currently allowed to cultivate marijuana for one <br /> qualifying patient, however, pursuant to Act 241, after December 31, 2018, primary caregivers <br /> will be prohibited from cultivating marijuana for any qualifying patient except in the case of a <br /> qualifying patient who is a minor or an adult lacking legal capacity and the primary caregiver is <br /> the parent, guardian, or person having legal custody of a qualifying patient; and <br /> WHEREAS, primary caregivers should be allowed to continue cultivating marijuana for <br /> one qualifying patient rather than requiring the qualifying patient to purchase the medication <br /> from a dispensary; and <br /> WHEREAS, the Hawai`i County Council finds that Act 241 could be improved by <br /> incorporating amendments, as indicated in the attached Exhibit A, to address the concerns in this <br /> resolution; and <br /> WHEREAS, language in Act 241 to be deleted is bracketed and stricken through and <br /> language to be added is underscored, as indicated in the attached Exhibit A; now, therefore, <br /> BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that the <br /> Hawai`i State Legislature is urged to amend Act 241 with the contents of Exhibit A. <br />