SB 3315: DOH; OMCCR; Medical Cannabis; Access; Temporary Authorization to Purchase; Written Certification

A BILL FOR AN ACT

RELATING TO CANNABIS.

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

     SECTION 1.  The legislature finds that access to medical cannabis for qualifying patients and primary caregivers, particularly through licensed medical cannabis dispensaries, remains challenging due to limited access to medical providers, delays in obtaining authorization to enter and purchase medical cannabis, and the availability of cannabis through a thriving illicit market.

     The legislature further finds that registration for the medical cannabis program has decreased in the last few years.  While the number of registered medical cannabis patients reached its peak in August 2021, with 35,444 card-holding patients, since then, the number of patients has decreased over fifteen per cent to 30,035 by November 2024.  This indicates that residents are shifting away from licensed medical cannabis dispensaries, and instead are obtaining their medical cannabis from elsewhere due to difficulties, delays in registering, and the ease and lower costs in obtaining cannabis elsewhere.

     The legislature also finds that this apparent shift away from licensed medical cannabis dispensaries toward the illicit market undermines the purposes of the medical cannabis program in ensuring patient safety, product safety, and public safety.

     The legislature further finds that the office of medical cannabis control and regulation of the department of health has a comprehensive registration system that could temporarily allow a qualifying patient or primary caregiver to purchase medical cannabis, instead of having the patient's access to medical cannabis delayed by a few to several days while awaiting delivery of the registration card from the department.

     Accordingly, the purpose of this Act is to expand access to care by easing some of the burdens upon qualifying patients and primary caregivers.  Specifically, this Act allows applicants or primary caregivers to temporarily purchase medical cannabis after the submission of the applicant's certification form.

     SECTION 2.  Section 329-123, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  Physicians or advanced practice registered nurses who issue written certifications shall provide, in each written certification, the name, address, patient identification number, and other identifying information of the qualifying patient.  A written certification issued pursuant to this subsection shall originate from within the State.  The department of health shall require, in rules adopted pursuant to chapter 91, that all written certifications comply with a designated form completed by or on behalf of a qualifying patient.  The form shall require information from the applicant, primary caregiver, and physician or advanced practice registered nurse as specifically required or permitted by this chapter.  The form shall require the address of the location where the cannabis is grown and shall appear on the registry card issued by the department of health.  The certifying physician or advanced practice registered nurse shall be required to have a bona fide physician-patient relationship or bona fide advanced practice registered nurse‑patient relationship, as applicable, with the qualifying patient; provided that nothing under this part shall require that the bona fide physician-patient relationship or bona fide advanced practice registered nurse-patient relationship be established by conducting an initial in-person consultation.  Any fees assessed by a certifying physician or advanced practice registered nurse to issue a written certification pursuant to this subsection shall not exceed an amount equal to three times the amount of the fee charged by the department of health to issue a registration certificate pursuant to subsection (b).  After the submission of the applicant's form but before receipt of confirmed registration from the department of health, the applicant or primary caregiver may use the submission of the applicant's form as proof and documentation authorizing the applicant or primary caregiver to enter and make a one‑time purchase of cannabis from a medical cannabis dispensary licensed under chapter 329D in an amount that is not more than twenty‑five per cent of the dispensing limits under section 329D-13.  The office of medical cannabis control and regulation, established pursuant to section 329D-2.5, shall facilitate the temporary authorization for applicants and primary caregivers.  All current active medical cannabis permits shall be honored through their expiration date."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on March 22, 2075.

Report Title:

DOH; OMCCR; Medical Cannabis; Access; Temporary Authorization to Purchase; Written Certification

Description:

Allows applicants or primary caregivers to make a one-time purchase of medical cannabis after the submission of the applicant's certification form while waiting for confirmation of registration from the Department of Health.  Requires the Office of Medical Cannabis Control and Regulation to facilitate the temporary authorization.  Effective 3/22/2075.  (SD2)

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

A BILL FOR AN ACT

RELATING TO CANNABIS.

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

     SECTION 1.  The legislature finds that access for qualifying patients and primary caregivers to medical cannabis and particularly licensed medical cannabis dispensaries remains challenging due to limited access to medical providers, delays in obtaining authorization to enter and purchase medical cannabis, and the availability of cannabis through a thriving illicit market.

     The legislature further finds that registration for the medical cannabis program has decreased in the last few years.  While the number of registered medical cannabis patients reached its peak in August 2021, with 35,444 card-holding patients, since then, the number of patients has decreased over fifteen per cent to 30,035 by November 2024.  This appears to indicate that residents are shifting away from licensed medical cannabis dispensaries, and instead are obtaining their medical cannabis from elsewhere due to difficulties, delays in registering, and the ease and lower costs in obtaining cannabis elsewhere.

     The legislature also finds that this apparent shift away from licensed medical cannabis dispensaries toward the illicit market, undermines the purposes of the medical cannabis program in ensuring patient safety, product safety, and public safety.

     The legislature further finds that the office of medical cannabis control and regulation of the department of health has a comprehensive registration system that could temporarily allow a qualifying patient or primary caregiver to purchase medical cannabis, instead of having the patient's access to medical cannabis delayed by a few to several days while awaiting delivery of the registration card from the department.

     Accordingly, the purpose of this Act is to expand access to care by easing some of the burdens upon qualifying patients and primary caregivers.  Specifically, this Act allows applicants or primary caregivers to temporarily purchase medical cannabis after the submission of the applicant's certification form.

     SECTION 2.  Section 329-123, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  Physicians or advanced practice registered nurses who issue written certifications shall provide, in each written certification, the name, address, patient identification number, and other identifying information of the qualifying patient.  A written certification issued pursuant to this subsection shall originate from within the State.  The department of health shall require, in rules adopted pursuant to chapter 91, that all written certifications comply with a designated form completed by or on behalf of a qualifying patient.  The form shall require information from the applicant, primary caregiver, and physician or advanced practice registered nurse as specifically required or permitted by this chapter.  The form shall require the address of the location where the cannabis is grown and shall appear on the registry card issued by the department of health.  The certifying physician or advanced practice registered nurse shall be required to have a bona fide physician-patient relationship or bona fide advanced practice registered nurse-patient relationship, as applicable, with the qualifying patient; provided that nothing under this part shall require that the bona fide physician-patient relationship or bona fide advanced practice registered nurse-patient relationship be established by conducting an initial in-person consultation.  Any fees assessed by a certifying physician or advanced practice registered nurse to issue a written certification pursuant to this subsection shall not exceed an amount equal to three times the amount of the fee charged by the department of health to issue a registration certificate pursuant to subsection (b).  After the submission of the applicant's form but before receipt of confirmed registration from the department of health, the applicant or primary caregiver may use the submission of the applicant's form as proof and documentation authorizing the applicant or primary caregiver to enter and make a one-time purchase of cannabis from a medical cannabis dispensary licensed under chapter 329D in an amount that is not more than twenty‑five per cent of the dispensing limits under section 329D-13.  The office of medical cannabis control and regulation, established pursuant to section 329D-2.5, shall facilitate the temporary authorization for applicants and primary caregivers.  All current active medical cannabis permits shall be honored through their expiration date."

     SECTION 3.  New statutory material is underscored.

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

Report Title:

DOH; OMCCR; Medical Cannabis; Access; Temporary Authorization to Purchase; Written Certification

Description:

Allows applicants or primary caregivers to make a one-time purchase of medical cannabis after the submission of the applicant's certification form while waiting for confirmation of registration from the Department of Health.  Requires the Office of Medical Cannabis Control and Regulation to facilitate the temporary authorization.  (SD1)

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

A BILL FOR AN ACT

RELATING TO CANNABIS.

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

     SECTION 1.  The legislature finds that access for qualifying patients and primary caregivers to medical cannabis and particularly licensed medical cannabis dispensaries remains challenging due to limited access to medical providers, delays in obtaining allowed access to enter and purchase medical cannabis, and the availability of cannabis through a thriving illicit market.

     The legislature further finds that registration for the medical cannabis program has decreased in the last few years.  While the number of registered medical cannabis patients reached its peak in August 2021, with 35,444 card-holding patients, since then, the number of patients has decreased over fifteen per cent to 30,035 by November 2024.  This appears to indicate that residents are shifting away from licensed medical cannabis dispensaries, and instead are obtaining their medical cannabis from elsewhere due to difficulties, delays in registering, and the ease and lower costs in obtaining cannabis elsewhere.

     The legislature also finds that this apparent shift away from licensed medical cannabis dispensaries toward the illicit market, undermines the purposes of the medical cannabis program in ensuring patient safety, product safety, and public safety.

     The legislature further finds that the department of health office of medical cannabis control and regulation has a comprehensive registration system that could temporarily allow a qualifying patient or primary caregiver to purchase medical cannabis, instead of having the patient's access to medical cannabis delayed by a few to several days while awaiting delivery of the registration card from the department.

     Accordingly, the purpose of this Act is to expand access to care by easing some of the burdens upon qualifying patients and primary caregivers.  Specifically, this Act allows applicants or primary caregivers to temporarily purchase medical cannabis after the submission of the applicant's certification form.

     SECTION 2.  Section 329-123, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  Physicians or advanced practice registered nurses who issue written certifications shall provide, in each written certification, the name, address, patient identification number, and other identifying information of the qualifying patient.  A written certification issued pursuant to this subsection shall originate from within the State.  The department of health shall require, in rules adopted pursuant to chapter 91, that all written certifications comply with a designated form completed by or on behalf of a qualifying patient.  The form shall require information from the applicant, primary caregiver, and physician or advanced practice registered nurse as specifically required or permitted by this chapter.  The form shall require the address of the location where the cannabis is grown and shall appear on the registry card issued by the department of health.  The certifying physician or advanced practice registered nurse shall be required to have a bona fide physician-patient relationship or bona fide advanced practice registered nurse-patient relationship, as applicable, with the qualifying patient; provided that nothing under this part shall require that the bona fide physician-patient relationship or bona fide advanced practice registered nurse-patient relationship be established by conducting an initial in-person consultation.  Any fees assessed by a certifying physician or advanced practice registered nurse to issue a written certification pursuant to this subsection shall not exceed an amount equal to three times the amount of the fee charged by the department of health to issue a registration certificate pursuant to subsection (b).  After the submission of the applicant's form but before receipt of confirmed registration from the department of health, the applicant or primary caregiver may use the submission of the applicant's form as proof and documentation authorizing the applicant or primary caregiver to enter and make a one-time purchase of cannabis from a medical cannabis dispensary licensed under chapter 329D in an amount that is not more than fifty per cent of the dispensing limits under section 329D-13.  The office of medical cannabis control and regulation, established pursuant to section 329D-2.5, shall facilitate the temporary authorization for applicants and primary caregivers.  All current active medical cannabis permits shall be honored through their expiration date."

     SECTION 3.  New statutory material is underscored.

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

Report Title:

DOH; OMCCR; Medical Cannabis; Access; Temporary Authorization to Purchase; Written Certification

Description:

Allows applicants or primary caregivers to make a one-time purchase of medical cannabis after the submission of the applicant's certification form while waiting for confirmation of registration from the Department of Health.  Requires the Office of Medical Cannabis Control and Regulation to facilitate the temporary authorization.

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. 3053

Honolulu, Hawaii

RE:     S.B. No. 3315

        S.D. 2

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred S.B. No. 3315, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO CANNABIS,"

begs leave to report as follows:

     The purpose and intent of this measure is to:

     (1)  Allow applicants or primary caregivers to make a one‑time purchase of medical cannabis after the submission of the applicant's certification form while waiting for confirmation of registration from the Department of Health; and

     (2)  Require the Office of Medical Cannabis Control and Regulation to facilitate the temporary authorization.

     Your Committee received testimony in support of this measure from the Hawaiʻi Cannabis Industry Association, Marijuana Policy Project, Hawaiʻi Alliance for Cannabis Reform, Big Island Grown Dispensaries, Green Aloha LTD, Manoa Botanicals, and three individuals.

     Your Committee received testimony in opposition to this measure from one member of the Kauaʻi County Council.

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

     Your Committee finds that the bureaucratic process to obtain medical cannabis, which requires a physical registration card, is inconsistent with how other medically necessary treatments are handled in the State's health care system.  Furthermore, delays in access do not just inconvenience patients, they can exacerbate pain, anxiety, and chronic symptoms.  This measure aligns registration procedures with real-world patient needs in a thoughtful, responsible manner that ensures patient safety.

     Accordingly, your Committee has amended this measure by:

     (1)  Inserting an effective date of March 22, 2075, to encourage further discussion; and

     (2)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

     As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 3315, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 3315, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

STAND. COM. REP. NO. 2634

Honolulu, Hawaii

RE:     S.B. No. 3315

        S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Sir:

     Your Committees on Health and Human Services and Commerce and Consumer Protection, to which was referred S.B. No. 3315 entitled:

"A BILL FOR AN ACT RELATING TO CANNABIS,"

beg leave to report as follows:

     The purpose and intent of this measure is to:

     (1)  Allow applicants or primary caregivers to make a one‑time purchase of medical cannabis after the submission of the applicant's certification form while waiting for confirmation of registration from the Department of Health; and

     (2)  Require the Office of Medical Cannabis Control and Regulation to facilitate the temporary authorization.

Your Committees received testimony in support of this measure from the Marijuana Policy Project and two individuals.

Your Committees received testimony in opposition to this measure from one individual.

Your Committees received comments on this measure from the Department of the Attorney General, Department of Health, and Akamai Cannabis Consulting.

     Your Committees find that access for qualifying patients and primary caregivers to medical cannabis and particularly licensed medical cannabis dispensaries remains challenging due to limited access to medical providers, delays in obtaining authorization to enter and purchase medical cannabis, and the availability of cannabis through a thriving illicit market.  Your Committees further find that that the Office of Medical Cannabis Control and Regulation of the Department of Health has a comprehensive registration system that could temporarily allow a qualifying patient or primary caregiver to purchase medical cannabis, instead of having the patient's access to medical cannabis delayed by a few to several days while awaiting delivery of the registration card from the Department.  This measure expands access to medical cannabis by easing some of the burdens upon qualifying patients and primary caregivers.

     Your Committees have amended this measure by:

     (1)  Changing the amount of the authorized one-time purchase of cannabis from a medical cannabis dispensary from fifty percent to twenty-five percent of the dispensing limits under section 329D-13, Hawaii Revised Statutes, or the equivalent of one ounce; and

     (2)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

     As affirmed by the records of votes of the members of your Committees on Health and Human Services and Commerce and Consumer Protection that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 3315, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 3315, S.D. 1, and be referred to your Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committees on Health and Human Services and Commerce and Consumer Protection,