Signed by Governor David Ige

Vote Smart's Synopsis:

Vote to adopt a conference report that establishes a medical marijuana dispensary system.

Highlights:

• Authorizes a licensed individual to operate a dispensary to sell marijuana to a qualifying individual (Sec. 2).

• Requires the Department of Health to issue 8 licenses for the operation of a medical marijuana dispensary, with up to 2 production and 2 retail centers allowed under each dispensary license (Sec. 2). 

• Establishes certain requirements for licensure including, but not limited to, the following requirements (Sec. 2):
• The applicant has been a legal resident of Hawaii for at least 5 years;
• The applicant has had no felony convictions;
• The applicant must be registered with the state Department of Commerce and Consumer Affairs and have a Hawaii tax license; and
• The applicant has financial resources under his or her control of at least $1,000,000.

• Establishes an application fee of $5,000 and a dispensary license fee of $75,000 (Sec. 2).

• Requires the Department of Health to establish a selection process and certain criteria based on merit for applicants for medical marijuana dispensary licenses by January 4, 2016 including, but not limited to, the following criteria (Sec. 2):
• The applicant’s ability to operate a business;
• The applicant’s financial stability and access to financial resources;
• The applicant’s ability to meet the needs of qualifying patients; and
• The applicant’s ability to comply with certain security requirements for production and retail centers. 

• Specifies that a dispensary may not sell more than 8 ounces of marijuana to an individual during a period of 30 days (Sec. 2).

• Classifies a violation of the sales limit as a class C felony (Sec. 2).

• Authorizes a medical marijuana production center to produce marijuana capsules, lozenges, oils and pills and requires them to be packaged in opaque child-proof packages and labeled “for medical use only” (Sec. 2).

• Requires a medical marijuana production center or dispensary to meet certain requirements including, but not limited to, the following (Sec. 2):
• The facility must have a video monitoring system and recording system;
• The facility must have fencing that surrounds the premises;
• The facility must have an alarm system; and
• The facility must be built at least 750 feet from a playground, school, or public housing project (Sec. 2). 

• Authorizes qualified patients or primary caregivers to personally cultivate medical marijuana if they reside on any island on which there is no medical marijuana dispensary (Sec. 2). 

• Prohibits a convicted felon from obtaining employment at a licensed dispensary (Sec. 2).

• Requires the Department of Health to conduct an education and training program to explain the purposes and requirements of this bill or to provide substance abuse prevention and education (Sec. 2). 

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that establishes a regulated statewide dispensary system for medical marijuana.

Highlights:

• Authorizes a licensed individual to operate a dispensary to sell marijuana to a qualifying individual (Sec. 2). 

• Requires the Department of Health to issue at least 26 licenses for the operation of a medical marijuana dispensary after January 1, 2017, and before January 1, 2019 (Sec. 2).

• Establishes a $20,000 dispensary license fee and a $30,000 annual renewal fee (Sec. 2).  

• Specifies that a dispensary may not sell more than 8 ounces of marijuana to an individual during a period of 30 days (Sec. 2). 

• Prohibits an individual from visiting more than 1 dispensary in efforts to obtain quantities of marijuana that exceed the limits established by the provisions in this bill (Sec. 2).  

• Classifies a violation of the sales limit as misdemeanor subject to a fine of $500 (Sec. 2). 

• Authorizes the Department of Health to issue at least 30 licenses for the operation of marijuana production facilities beginning July 1, 2016 (Sec. 2).

• Authorizes a medical marijuana production center to produce marijuana capsules, lozenges, oils, and pills and requires them to be packaged in opaque child-proof packages and labeled “for medical use only” (Sec. 2). 

• Requires marijuana production centers to meet certain requirements including, but not limited to, the following (Sec. 2): 
• The facility must have a video monitoring and recording system;
• The facility must have fencing that surrounds the premises; 
• The facility must have an alarm system; and
• The facility must be built at least 750 feet away from a playground, public housing, or a school.

• Prohibits a convicted felon from obtaining employment at a licensed production center or dispensary facility, unless the conviction was specifically related to marijuana and was at least 10 years prior to the facility’s licensure (Sec. 2). 

• Requires the Department of Health to conduct an education and training program to explain the purposes and requirements of this bill (Sec. 2).

Full Bill Text