Some facts about HB321 to establish dispensaries for medical marijuana patients
June 2, 2015
The state Legislature passed HB321 during the 2015 legislative session to establish dispensaries for medical marijuana patients. The following is a list of some of the things the bill does, including answers given to attendees of Rep. Beth Fukumoto Chang's May talk story discussion about the session.
Oahu can have up to 6 dispensaries and 6 production centers for growing plants.
The statewide total is up to 16 dispensaries and 16 production centers.
Dispensaries and production centers aren't allowed within 750 feet of a playground, public housing project or school.
Production centers can have up to 3,000 plants.
Dispensaries and production centers cannot be in the same location.
Security and Safety
Facilities must submit to unannounced and announced audits and inspections.
Facilities must submit inventory and monetary reports every quarter.
Facilities must have a 24-hour, real-time computer tracking system for all seeds, plants, products, transports, purchases, and waste products. The tracking system must share information with the Department of Health.
Patients and caregivers are limited to 4 ounces of product per 15 days. The tracking system must stop any purchases beyond this limit.
Criminal background checks are required for licensees, anyone with more than a 25 percent claim in the entity with the license, employees, and subcontractors and their employees.
Employees cannot have a felony conviction and must be at least 21-years-old.
Only trained and registered employees can have access to the plants and products.
Plants cannot be grown outdoors.
All facilities must have 24-hour security measures, such as a video and alarm system.
Products must be laboratory tested for content, consistency and contamination.
Product packaging must have tracking information as well as information about contents, weight, potency and dosage, its use-by date, and other medical and safety information.
Product packaging can only have black lettering on it. It cannot be opaque or contain images.
Each license is good for 2 dispensaries and 2 production centers.
One license per entity, and they cannot be sold or transferred.
A license application must be made by both an individual applicant and an applying entity, include documentation to prove compliance with requirements, and $5,000 as an application fee.
Individual license applicants must have been legal Hawaii residents for at least 5 years, be at least 21-years-old, and not have any felony convictions.
Businesses, organizations and other legal entities that apply for a license must have a state tax ID and be registered with the state, be more than 50 percent held/owned by individuals that have been residents of Hawaii for at least 5 years, have $1.2 million at least 3 months prior to the application, and be composed of principals and members that don’t have any felony convictions.
The license fee is $75,000 per year for approved licenses to cover the cost of regulating the program, educate the public about the purpose of the program, and provide substance abuse prevention and education.
3 licenses in the County of Honolulu (Oahu); 2 licenses in the County of Hawaii; 2 licenses in the County of Maui; 1 for the County of Kauai.
Class C Felonies
Using butane to extract THC.
Illegally obtaining medical marijuana.
Unauthorized access to dispensaries or production facilities.
Diverting marijuana products, falsification of dispensary records.
Class B Felony
Promoting marijuana to a minor.
January 4: The Department of Health must establish the applicant selection process and merit-based criteria for license applicants.
January 11: Applications for licenses made available to the public.
January 29: Deadline for application submissions.
March 15: Deadline for the Department of Health to submit a report of the program's implementation.
April 15: Licensees announced.
July 15: Licensed Dispensaries may open.
July 1: The Department of Health must begin repaying general fund appropriations made for this project.
October 1: Department of Health can determine if additional licenses are needed.
January 1: Patients from outside of the state may begin purchasing products in Hawaii.
December 31: Certified caregivers can no longer grow marijuana for patients except under certain circumstances (e.g., no dispensaries on the island).