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



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



(2)  The qualifying patient’s physician has certified
in writing that, in the physician’s professional opinion, the potential
benefits of the medical use of marijuana would likely outweigh the health risks
for the particular qualifying patient; and



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



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



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



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



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



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



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



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



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



(2)  The medical use of marijuana:



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



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



(C)  On any school grounds;



(D)  At any public park, public beach, public
recreation 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 by
this 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 Invoked
Commerce Clause Confusion.  28 UH L. Rev. 261.