Hawaii

Legislative History

Act 242 established Hawaii’s licensing system for medical marijuana dispensaries, and prohibiting counties from enacting zoning regulations that discriminate against licensed dispensaries and production centers. Democratic Gov. David Ige signed the act in 2015. The Medical Cannabis Dispensary Program, created by Act 241, was also established in 2015. The law paved the way for the establishment of dispensaries in Hawaii and also amended existing laws governing the medical use of cannabis.

Overview

Recreational cannabis use, possession, and sales are illegal in Hawaii. Medical marijuana patients must register electronically with the state’s Department of Health (DOH) through a certified caregiver. Registered medical cannabis patients and registered caregivers are permitted up to four (4) ounces, or 113.4 grams,  of usable cannabis and can cultivate up to ten (10) plants. Patients can designate a caregiver to assist with acquiring, cultivating and using medical cannabis. Patients and caregivers can use an affirmative defense in court.  

Where is it Safe to Purchase?

Patients can purchase medical cannabis from the state-regulated dispensaries. Hawaiian state law establishes dispensary operating hours as 8 a.m. to 8 p.m. Monday through Sunday. Patients and caregivers may not purchase more than four (4) ounces, or 113.4 grams, of cannabis within a period of 15 consecutive days, or no more than eight (8) ounces, or 226.8 grams, within a period of 30 consecutive days.

Where is it Safe to Consume?

The law does not allow a patient to medicate if cannabis in any way endangers the health of another person, and it prohibits medicating in a moving vehicle, the workplace, on school grounds, or in a public place.

Possession & Cultivation Limits

Registered medical cannabis patients and registered caregivers area permitted up to four (4) ounces, or 113.4 grams, of usable cannabis and can cultivate up to 10 plants. After Dec. 31, 2023, caregivers will not be allowed to cultivate cannabis for any qualifying patient, except for minors, adults lacking capacity, or on islands that do not have a dispensary.

Medical cannabis must be grown only at a location that identified on a patient’s or caregiver’s registration card. The legally permitted growing areas are the residence of the qualifying patient or of the designated caregiver, or another site that is either owned or controlled by the qualifying patient or the designated caregiver.

How Old Do I Need
to Be to Consume?
N/A
Recreational
18+
Medical
Possession Limit
for Flower
N/A
Recreational
4oz
Medical
Possession Limit
for Concentrates
N/A
Recreational
4oz
Medical

Medical Marijuana Program

Qualifying Conditions

  • Cancer
  • Epilepsy
  • Glaucoma
  • HIV/AIDS
  • Lupus
  • Multiple sclerosis
  • Rheumatoid Arthritis
  • A chronic or debilitating disease or medical condition or its treatment that produces one or more of the following:
    • Cachexia, or wasting syndrome
    • Post-traumatic stress disorder (PTSD)
    • Seizures, including those characteristic of epilepsy
    • Severe nausea
    • Severe pain
    • Severe and persistent muscle spasms, including those characteristic of multiple sclerosis or Crohn’s disease

Application Process

Applications must be submitted electronically. Patients must first create an eHawaii.gov account and then login at the DOH’s Medical Marijuana Registry, where an online application, accompanying documents, and a $38.50 fee are required. A verified caregiver must also certify the patient’s medical condition and submit an application to the DOH. 

Reciprocity

Hawaii’s lawmakers passed a reciprocity law in 2017 that was implemented in February 2018. This law allows visitors to the Aloha State with medical marijuana recommendations or caregiver privileges from other states to participate in the Hawaii Medical Marijuana Program. Patients and caregivers need to register to obtain a Hawaii 329 Registration card. Their registration will be active for no more than 60 days. The application process can be completed online. Out-of-state patients may apply for no more than two, 60-day terms in a calendar year and may apply 60 days prior to their requested “start date.” A non-refundable application fee of $49.50 applies. Electronic access to the Hawaii 329 Registration card will be provided upon approval.

Qualified registrants must possess a valid medical cannabis registration card from another U.S. state/territory or District of Columbia and valid government-issued ID or driver’s license from the same US. state/territory or District of Columbia with the same name on the medical cannabis registration card. Additionally, out-of-state patients must be certified in their home state as having one or more debilitating medical conditions identified in Hawaii State Law.

Lab Testing

  • cannabinoid profile (including THC)
  • compounds that are considered “active ingredients
  • heavy metals
  • pesticides
  • solvents
  • moisture content
  • microbial contaminants
  • intestinal bacteria and pathogens
  • dangerous molds that can cause infection and disease
  • toxins produced by molds

 

This page was last updated on February 26, 2018.