SB 2274: DLE; Medical Cannabis; Medical Records; Inspection; Repeal

A BILL FOR AN ACT

RELATING TO MEDICAL CANNABIS.

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

     SECTION 1.  Section 329-123.2, Hawaii Revised Statutes, is repealed.

     ["§329-123.2  Qualifying patient medical records; inspection and enforcement; authority.  (a)  The department may inspect a qualifying patient's medical records held by the physician, advanced practice registered nurse, or hospice provider who issued a written certification for the qualifying patient.

     (b)  The department may suspend or revoke the ability to issue a written certification for any physician, advanced practice registered nurse, or hospice provider who refuses inspection of a qualifying patient's medical records by the department pursuant to this section.

     (c)  The department may suspend or revoke the ability to issue a written certification for any physician, advanced practice registered nurse, or hospice provider whose medical records do not comply with the requirements of this chapter."]

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.

     SECTION 4.  This Act shall take effect upon its approval.

Report Title:

DLE; Medical Cannabis; Medical Records; Inspection; Repeal

Description:

Repeals statutory language that currently authorizes the Department of Law Enforcement to:  (1) inspect a qualifying medical cannabis patient's medical records held by the health provider who issued a written certification for the qualifying patient; and (2) suspend or revoke a health provider's ability to issue written certification for medical cannabis if the provider refuses the foregoing inspection, or if the medical records do not comply with the medical use of cannabis law.

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

STAND. COM. REP. NO. 2553

Honolulu, Hawaii

RE:     S.B. No. 2274

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Sir:

     Your Committee on Health and Human Services, to which was referred S.B. No. 2274 entitled:

"A BILL FOR AN ACT RELATING TO MEDICAL CANNABIS,"

begs leave to report as follows:

     The purpose and intent of this measure is to repeal statutory language that currently authorizes the Department of Law Enforcement to:

     (1)  Inspect a qualifying medical cannabis patient's medical records held by the health provider who issued a written certification for the qualifying patient; and

     (2)  Suspend or revoke a health provider's ability to issue written certification for medical cannabis if the provider refuses the foregoing inspection, or if the medical records do not comply with the medical use of cannabis law.

     Your Committee received testimony in support of this measure from Akamai Cannabis Consulting, Marijuana Policy Project, Hawaiʻi Alliance for Cannabis Reform, Drug Policy Forum of Hawaiʻi, and four individuals.

     Your Committee received testimony in opposition to this measure from two individuals.

     Your Committee received comments on this measure from the Department of Health.

     Your Committee finds that the existing statute which currently authorizes the Department of Law Enforcement to inspect a qualifying medical cannabis patient's medical records, and to suspend or revoke a provider's authority to issue certifications for refusing inspection or for noncompliance with chapter 329, part IX, Hawaii Revised Statutes, intrudes upon patient privacy, may deter provider participation in the medical cannabis program, and could undermine patient trust in the provider-patient relationship.  Your Committee further finds that repeal of this provision does not eliminate oversight of the medical cannabis program.  Other existing regulatory mechanisms remain available under chapter 329, Hawaii Revised Statutes, to ensure compliance with statutory requirements governing written certifications and provider conduct.  By removing a provision that may deter provider participation and patient enrollment while preserving appropriate regulatory safeguards, this measure strengthens the integrity of the State's medical cannabis program and appropriately balances enforcement authority with constitutional and privacy protections.

     As affirmed by the record of votes of the members of your Committee on Health and Human Services that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2274 and recommends that it pass Second Reading and be referred to your Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Health and Human Services,