HomeMy WebLinkAboutRES 338 Draft 01 2014-2016 COUNTY OF HAWAII �_��' STATE OF HAWAII
RESOLUTION NO. 338 15
A RESOLUTION URGING THE HAWAII STATE LEGISLATURE TO AMEND
ACT 241, RELATING TO MEDICAL MARIJUANA, TO ADDRESS PRODUCTION
CENTERS IN AGRICULTURAL ZONED LANDS AND PROHIBITIONS ON PRIMARY
CAREGIVERS.
WHEREAS, the purpose of Act 241, signed into law on July 14, 2015, is to establish a
regulated statewide dispensary system for medical marijuana to ensure safe and legal access to
medical marijuana for qualifying patients; and
WHEREAS, Act 241 does not allow the counties to have any input on where medical
marijuana production centers are to be located in agricultural zoned lands; and
WHEREAS, based on input from the residents of Hawai`i Island, the County of Hawai`i
would like to have some control with regard to where the medical marijuana production centers
may be located in agricultural zoned lands; and
WHEREAS, each county, by ordinance, in coordination with the Hawai`i State
Department of Health, should be allowed to determine the permitted locations for marijuana
production centers within agricultural zoned lands; and
WHEREAS, primary caregivers are currently allowed to cultivate marijuana for one
qualifying patient, however, pursuant to Act 241, after December 31, 2018, primary caregivers
will be prohibited from cultivating marijuana for any qualifying patient except in the case of a
qualifying patient who is a minor or an adult lacking legal capacity and the primary caregiver is
the parent, guardian, or person having legal custody of a qualifying patient; and
WHEREAS, primary caregivers should be allowed to continue cultivating marijuana for
one qualifying patient rather than requiring the qualifying patient to purchase the medication
from a dispensary; and
WHEREAS, the Hawai`i County Council finds that Act 241 could be improved by
incorporating amendments, as indicated in the attached Exhibit A, to address the concerns in this
resolution; and
WHEREAS, language in Act 241 to be deleted is bracketed and stricken through and
language to be added is underscored, as indicated in the attached Exhibit A; now, therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that the
Hawai`i State Legislature is urged to amend Act 241 with the contents of Exhibit A.
BE IT FINALLY RESOLVED that the County Clerk shall transmit a copy of this
resolution to the Honorable Senator Lorraine R. Inouye, the Honorable Senator Gilbert Kahele,
the Honorable Senator Russell E. Ruderman, the Honorable Senator Josh Green, the Honorable
Representative Mark M. Nakashima, the Honorable Representative Clift Tsuji, the Honorable
Representative Richard H.K. Onishi, the Honorable Representative Joy A. San Buenaventura, the
Honorable Representative Richard P. Creagan, the Honorable Representative Nicole E. Lowen,
and the Honorable Representative Cindy Evans.
Dated at Hilo , Hawai`i, this 2nd day of December , 2015 .
INTRODUCED BY:
(1'(,/(){._
COUNCIL MEMBER, COUNTY OF HAWAII
i
COUNTY COUNCIL ROLL CALL VOTE
County of Hawai`i AYES NOES ABS EX
Hilo, Hawai`i CHUNG X
DAVID X
I hereby certify that the foregoing RESOLUTION was by EOFF X
the vote indicated to the right hereof adopted by the COUNCIL of the ILAGAN
County of Hawaii on December 2, 2015 • X
KANUHA X
ONISHI X
ATTEST: PALEKA X
POINDEXTER X
WILLS X
8 01 0
Reference: C-558/GREDC-3
15
COUNTY CLERK CHAIR ERSON PR DING OFFICER RESOLUTION NO. 338
2
Exhibit A
§ -22 Medical marijuana zoning. (a) Medical marijuana
production centers and dispensaries shall comply with all county
zoning ordinances, rules, or regulations; provided that :
(1) A medical marijuana production center shall be
permitted in any area in which agricultural production
is permitted or as limited by the County Council of
the respective County, except as provided within this
chapter; and
(2) [Ne] Under no circumstances shall a medical marijuana
production center or dispensary [shall] be permitted
within seven hundred fifty feet of the real property
comprising a playground, public housing project or
complex, or school .
(b) As used in this section:
"Playground" means any public outdoor facility, including
any parking lot appurtenant thereto, that is intended for
recreation, with any portion thereof containing three or more
separate apparatus intended for the recreation of children,
including but not limited to sliding boards, swing sets, and
teeterboards .
"Public housing project or complex" means a housing project
directly controlled, owned, developed, or managed by the Hawaii
public housing authority pursuant to the federal or state low-
rent public housing program.
"School" means any public or private preschool,
kindergarten, elementary, intermediate, middle, secondary, or
high school .
§329- Authorized sources of medical marijuana. (a) After
December 31, 2018 , a qualifying patient shall obtain medical
marijuana or manufactured marijuana products only:
(1) From a dispensary licensed pursuant to chapter
provided that the marijuana shall be purchased and paid for at
the time of purchase; [or]
(2) By cultivating marijuana in an amount that does not
exceed an adequate supply for the qualifying patient, pursuant
to section 329-122 [—] ; or
(3) From the patient' s registered primary caregiver.
After December 31, 2018 , no primary caregiver shall be
authorized to cultivate marijuana for [any] more than one
qualifying patient .
(b) This section shall not apply to:
(1) A qualifying patient who is a minor or an adult
lacking legal capacity and the primary caregiver is the parent,
guardian, or person having legal custody of a qualifying patient
described in this paragraph; or
(2) A qualifying patient on any island on which there is
no medical marijuana dispensary licensed pursuant to
chapter
2