§329-122  Medical use of marijuana;conditions of use.  (a)  Notwithstanding any law to the contrary, themedical use of marijuana by a qualifying patient shall be permitted only if:

(1)  The qualifying patient has been diagnosed by aphysician as having a debilitating medical condition;

(2)  The qualifying patient’s physician has certifiedin writing that, in the physician’s professional opinion, the potentialbenefits of the medical use of marijuana would likely outweigh the health risksfor the particular qualifying patient; and

(3)  The amount of marijuana does not exceed anadequate supply.

(b)  Subsection (a) shall not apply to aqualifying patient under the age of eighteen years, unless:

(1)  The qualifying patient’s physician has explainedthe potential risks and benefits of the medical use of marijuana to thequalifying patient and to a parent, guardian, or person having legal custody ofthe qualifying patient; and

(2)  A parent, guardian, or person having legalcustody consents in writing to:

(A)  Allow the qualifying patient’s medical useof marijuana;

(B)  Serve as the qualifying patient’s primarycaregiver; and

(C)  Control the acquisition of the marijuana,the dosage, and the frequency of the medical use of marijuana by the qualifyingpatient.

(c)  The authorization for the medical use ofmarijuana in this section shall not apply to:

(1)  The medical use of marijuana that endangers thehealth or well-being of another person;

(2)  The medical use of marijuana:

(A)  In a school bus, public bus, or any movingvehicle;

(B)  In the workplace of one’s employment;

(C)  On any school grounds;

(D)  At any public park, public beach, publicrecreation center, recreation or youth center; or

(E)  Other place open to the public; and

(3)  The use of marijuana by a qualifying patient,parent, or primary caregiver for purposes other than medical use permitted bythis part. [L 2000, c 228, pt of §2; am L 2001, c 55, §15]

 

Law Journals and Reviews

 

  Gonzales v. Raich:  How the Medical Marijuana Debate InvokedCommerce Clause Confusion.  28 UH L. Rev. 261.