Hawaii Department of Health Posts Interim Administrative Rules for Medical Marijuana Dispensary Program

The Hawaii State Department of Health (DOH) posted interim administrative rules for the medical marijuana dispensary licensing program today. The rules can be found at the DOH’s medical marijuana website health.hawaii.gov/medicalmarijuana under “Dispensary Updates.”

Medical Marijauan Registry

The interim rules are effective immediately and will remain in effect until July 1, 2018, or until rules are adopted pursuant to chapter 91 of the Hawaii Revised Statutes (HRS).

According to Health Director Dr. Virginia Pressler, “The interim rules were written first and foremost to effectively implement the medical marijuana dispensary law and get the dispensary system up and running. The rules have also been drafted to ensure patient safety, product safety and public safety, and prevent marketing to our keiki. This product is intended to be used for registered patients who need it for medical purposes and the rules are written specifically to accomplish that goal.”

The interim rules explain: the criteria and process for awarding dispensary licenses; security requirements; the standards for certifying laboratories that will be responsible for ensuring the safety of the marijuana or manufactured marijuana products distributed at the retail dispensing locations; requirements for operating the dispensaries, including tracking each dispensary’s inventory of products from seed to sale or disposal; and other requirements.

To answer questions from potential applicants and the general public, DOH will post a “frequently asked questions” (FAQ) document on the medical marijuana website.

Anyone who has questions about the rules should send them in an email to DOH.MedMarijuanaDispensary@doh.hawaii.gov.

The FAQ document will be updated with new questions and answers as often as possible. This updated FAQ document will be the sole method DOH uses to answer questions from the public so that the process for providing this information is as fair and transparent as possible.

The medical marijuana dispensary law, chapter 329D, HRS, allows DOH to award a total of eight licenses initially: three licenses for the City and County of Honolulu, two dispensary licenses each for the County of Hawaii and the County of Maui, and one dispensary license for the County of Kauai. Each dispensary licensee will be allowed to operate up to two production centers and two retail dispensing locations. The initial open application period for licensing begins Jan. 12, 2016 and closes on Jan. 29, 2016.

Medical Marijuana Bill Passes Final Reading – Dispensaries in Hawaii Next Step

On the last day of the 2015 regular session, the House passed on final reading HB321, CD1, which creates a statewide distribution system for medical marijuana and establishes the parameters for individuals and entities to apply to set up the dispensaries. Medical Marijuana

“There are an estimated 13,000 qualifying patients throughout the state who are desperately looking to find a safe, reliable and convenient access to medical marijuana.  This bill is a reasonable and compassionate response to the needs of our citizens,” said Rep. Della Au Belatti (Makiki, Tantalus, Papakolea, McCully Pawaa, Manoa), who co-introduced the bill along with House Speaker Joseph M. Souki (Kahakuloa, Waihee, Waiehu, Puuohala, Wailuku, Waikapu).  Both are long-time supporters of medical marijuana dispensaries.

“While the Legislature made legal the medical use of marijuana on June 14, 2000, the law has remained silent for 15 years on how patients can obtain medical marijuana if they or their caregivers are unable to grow their own supply,” Souki added.  “There has been a desperate need for a safe and reliable dispensary system statewide for medical marijuana for a long time.  This bill finally answers that need.”

The measure follows closely the recommendations of the Task Force commissioned by the Legislature in 2013 to study the implementation of medical marijuana dispensaries.  It also provides for opportunities to improve the system and correct any shortcomings on a go-forward basis.

The bill, which also passed the Senate, now goes to the Governor for his signature, veto or passage without his signature.

HIGHLIGHTS OF THE BILL:

  • Allows for eight (8) dispensary licensees in the state: three (3) on Oahu, two (2) on Big Island and two (2) on Maui County; one (1) on Kauai;
  • Each licensee may own, operate or subcontract up to two production centers and up to two retail dispensing locations; prohibits dispensary from being located in same place as production center;
  • Requires the Department of Health to engage in public education and training regarding medical marijuana;
  • Requires the Department of Health to adopt interim rules by Jan. 4, 2016, for the establishment and management of the medical marijuana dispensary system;
  • Tasks the Department of Health with accepting applications for dispensary licenses from Jan. 12, 2016, to Jan. 29, 2016, and announcing licensees by April 15, 2016;
  • Tasks the Department of Health to select licensees based on minimum requirements and merit based factors including: the capacity to meet the needs of patients; ability to comply with criminal background checks, inventory controls, and security requirements; ability to operate a business; and financial stability and access to financial resources;
  • Allows the Department of Health to license additional operators after Oct. 1, 2017, based on qualifying patient need;
  • Dispensaries must comply with all zoning regulations and will not be permitted within 750 ft. of a playground, public housing or school;
  • Licensees may begin dispensing marijuana and manufactured marijuana products on July 15, 2016, with the approval of the Department of Health;
  • Licensed applicants must pay (a) $5,000 non-refundable application fee, (b) an additional $75,000 fee for each license approved, and (c) a $50,000 annual renewal fee;
  • Establishes the criteria for license applications to require that an individual applicant: be a legal resident of the State for not less than five years, be over the age of 21, and have no felony convictions;
  • Establishes the minimum criteria for license applications to require that an entity applicant: be organized under the laws of the state and have a Hawaii tax ID number, have a 51 percent or greater Hawaii based ownership stake, have at least $1,000,000 under its control for each license applied for with an additional $100,000 available for each retail dispensing location;
  • Imposes regular general excise taxes onto the sale of marijuana and manufactured products within the dispensary system and does not include any additional taxes;
  • Allows qualifying patients to obtain medical marijuana from primary caregivers who cultivate or by personally cultivating marijuana until Dec. 31, 2018;
  • Allows a primary caregiver or legal guardian to cultivate marijuana after Dec. 31, 2018, if qualifying patient is a minor or adult lacking legal capacity or who is located on any island with no dispensary;
  • Expands the definition of “debilitating medical condition” for the purpose of authorizing use to include post-traumatic stress disorder;
  • Expands the Department of Health’s authority to conduct criminal background checks;
  • Requires dispensaries to allow announced and unlimited unannounced inspections and to conduct annual financial audits; and
  • Requires the Department of Health to file annual report to Governor and Legislature on dispensaries.

Additional details of the measure can be found in the bill text and the committee report at the links below:

Six Big Island Public Schools Recognized at Board Community Meeting Last Night

From Twitter:

Six Big Island public schools recognized at Board community meeting last night. Here are the photos: http://bit.ly/5uYWTL less than 20 seconds ago from web

From the Hawaii Board of Education Blog:

The Board of Education, at its community meeting in Kona last night, recognized six Big Island public schools for staying on track of the No Child Left Behind law’s goal requiring every student to be proficient in reading and math by 2014.

Congratulations to Honaunau Elementary, Hookena Elementary, Ke Kula o Ehunuikaimalino, Kohala Middle, Konawaena Middle, and Paauilo Elementary & Intermediate.

More schools will be recognized for making Adequate Yearly Progress during the next Board community meeting on Nov. 30, from 3:30-5 p.m. at Kaunakakai Elementary Cafeteria.

To see pictures of the winners click here: Schools Recognized at Kona Community Meeting