THIS LISTING IS FOR INFORMATIONAL PURPOSES ONLY.
Hawaii Medical Marijuana Dispensary Laws
While Hawaii legalized medical marijuana and enacted their medical marijuana program in 2000 out of compassion for their citizen’s health and welfare, they realized in 2012 that the program’s experience indicated that improvements to the regulations would clarify rules and remove obstacles to patient access and doctor participation.
In Act 178, effective January 1st, 2015, Hawaii legislation amended their medical marijuana laws to address the concerns of Hawaii’s seriously ill qualifying patients. The Hawaii Department of Health currently oversees operations of the Medical Marijuana Program.
What Patients need to know about Hawaii Medical Marijuana Regulations:
Patients qualify for medical marijuana if they suffer from one of the following debilitating medical conditions: cancer, glaucoma, HIV/AIDS, PTSD, and the treatment of conditions or a chronic or debilitating disease or condition or its treatment that causes cachexia or wasting syndrome, severe pain, severe nausea, seizures including those characteristic of epilepsy, and severe and persistent muscle spasms including those characteristic of multiple sclerosis or Crohn’s disease.
To access medical cannabis, patients must receive a written certification from a licensed physician or advanced practice registered nurses stating that, in the doctor’s professional opinion, the benefits of medical marijuana use outweigh the potential risks. Certifications must be renewed annually, up to sixty days before expiration to avoid lapse in registered status.
Once a patient receives a written certification, they (and their primary caregivers, if they have one) must register with Department of Health online by filling out the online application and paying the application fee. After patient applications are processed, the Department of Health will issue a 329 Card with which patients may purchase, possess, and use medical cannabis.
Patients may access and purchase medical marijuana and medical marijuana products only from licensed dispensaries or, if there is no dispensary located in their county, they may grow and possess up to seven marijuana plants. All grown plants must be tagged with the patient’s 329 Card number and expiration date.
Caregivers may grow plants on behalf of a patient until December 31, 2018, whereafter caregivers may only grow on behalf of patients unless the patient is a minor or adult lacking legal capacity or resides on an island without a dispensary.
Patients must carry their 329 Card and a valid ID whenever in possession of medical marijuana, as required by law.
Patients and caregivers may use their registered status as an affirmative defense in any case of prosecution involving cannabis provided that they are strictly compliant with the Hawaii Department of Health’s regulations.
Medical marijuana may not be transported between islands by patients.
What Patients should know about Hawaii Medical Marijuana Dispensaries:
Seeing that thousands of medical marijuana patients in Hawaii could not obtain or grow a supply of cannabis, Hawaii legislature enacted Act 241 to establish a statewide dispensary system for medical marijuana distribution and cultivation.
The Hawaii Department of Health has licensed the following dispensaries to build production and retail facilities for medical marijuana: Aloha Green Holdings Inc., Manoa Botanicals, and TCG Retro Market 1, LLC dba Cure Oahu in Honolulu, Hawaiian Ethos LLC and Lau Ola LLC in Hawaii, Maui Wellness Group LLC and Pono Life Sciences Maui LLC in Maui, and Green Aloha Ltd in Kauai. Beginning October 1st, 2017, the Department of Health may issue more dispensary licenses based on qualifying patient need.
Dispensaries may only sell cannabis from 8:00 AM to 8:00 PM Monday through Sunday, and shall be closed on state and federal holidays.
Dispensaries may only sell medical cannabis in the following forms: dried, processed flowers, capsules, lozenges, pills, oils and oil extracts, tinctures, ointments and skin lotions. Patients may use and purchase no more than an adequate supply for two weeks, totaling in the equivalent of 4 oz of usable cannabis.
In February 2017, Hawaii implemented its seed-to-sale electronic tracking system required to advance the dispensary system, developed by BioTrackTHC for use by Hawaii’s eight licensed dispensaries. This database codes each cannabis plant that stays through with it for the plant's life-cycle and then expands to marijuana products. It also will be used to track patients’ supply, ensuring the amount purchased does not exceed the regulated adequate supply (four usable ounces).
All medical marijuana products require laboratory testing before sale. Currently, Hawaii’s Department of Health is playing a key role in helping prospective laboratories become certified to lab test cannabis and cannabis products before any sale and ensure high quality of materials.