Report Title:

Religious Use of Marijuana

 

Description:

Provides for a religious use exception to prohibitions on the use of marijuana.

 


HOUSE OF REPRESENTATIVES

H.B. NO.

 

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 

 

A BILL FOR AN ACT


 

 

RELATING TO Religious use of marijuana.

 

 

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

 


SECTION 1. Chapter 329, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part . RELIGIOUS USE OF MARIJUANA

329- Definitions. As used in this part:

"Bona fide clergy-practitioner" means a person who is an ordained or authorized minister, priest, or officer of bona fide religious denomination or society that qualifies for tax exemption as a tax exempt organization under section 501(c)(3) of the Internal Revenue Code of 1986, as amended.

"Marijuana" shall have the same meaning as "marijuana" and "marijuana concentrate" as provided in sections 329-1 and 712-1240.

"Religious use" means the acquisition, possession, cultivation, use, distribution, or transportation of marijuana or paraphernalia relating to the consumption of marijuana in a practice of a bona fide religious denomination or society that qualifies as a tax exempt organization under section 501(c)(3) of the Internal Revenue Code of 1986, as amended. The term "religious use" shall not encompass practices developed primarily for the contravention of prohibitions on marijuana. For the purposes of "religious use", the term distribution is limited to the transfer of marijuana and paraphernalia from bona fide clergy practitioner to qualifying religious member practitioner.

"Qualifying religious member practitioner" means a person, other than a bona fide clergy practitioner, who is eighteen years of age or older who is a practicing member of a bona fide religious denomination or society that qualifies as a tax exempt organization under section 501(c)(3) of the Internal Revenue Code of 1986, as amended.

"Usable marijuana" means the dried leaves and flowers of the plant cannabis family Moraceae, and any mixture or preparation thereof, that are appropriate for the religious use of marijuana. "Usable marijuana" does not include the seeds, stalks, and roots of the plant.

329‑   Religious use of marijuana; conditions of use. Notwithstanding any law to the contrary, the religious use of marijuana shall be permitted by a bona fide clergy practitioner or a qualifying religious member-practitioner only if:

(1) The use of marijuana does not endanger the health or well being of another person;

(2) The distribution and use of marijuana is contained within a service conducted within a structure specifically designated and used for religious services;

(3) The possession of marijuana for religious use by a bona fide clergy practitioner does not exceed ten mature plants, fifteen immature plants, and one ounce of usable marijuana per mature plant;

(4) The possession and use of marijuana for religious use by a qualifying religious member practitioner is limited to marijuana distributed by a bona fide clergy practitioner during a service conducted within a structure specifically designated and used for religious services.

329‑   Registration requirements. Bona fide clergy practitioners and qualifying religious member practitioners claiming religious use of marijuana shall register with the department of public safety.

329‑   Protections afforded to bona fide clergy practitioners and qualifying religious member practitioners. No bona fide clergy practitioner or qualifying religious member practitioner who complies with the requirements of this part shall be subject to arrest or prosecution, penalized in any manner, or denied any right or privilege for religious use of marijuana.

329- Protection of marijuana and other seized property. Marijuana, paraphernalia, or other property seized in connection with a claimed religious use of marijuana under this part shall be returned immediately upon the determination by a court that the bona fide clergy practitioner or the qualifying religious member practitioner is entitled to the protections of this part, as evidenced by a decision not to prosecute, dismissal of charges, or an acquittal; provided that law enforcement agencies seizing live plants as evidence shall not be responsible for the care and maintenance of those plants.

329‑   Fraudulent misrepresentation; penalty. (a) Notwithstanding any law to the contrary, fraudulent misrepresentation to a law enforcement official of any fact or circumstance relating to the religious use of marijuana to avoid arrest or prosecution under this part or chapter 712 shall be a petty misdemeanor and subject to a fine of $500.

(b) Penalty under this section shall be in addition to any other penalties that may apply for the non-religious use of marijuana. Nothing in this section is intended to preclude the conviction of any person under section 710-1060 or for any other offense under part V of chapter 710."

SECTION 2. This Act shall take effect upon its approval.

 

INTRODUCED BY:

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