A past and present look at the State of Hawaii Medical Marijuana Program and the Hawaii Medical Marijuana laws affecting Patients, Doctors and Caregivers in Hawaii.
Hawaii Uniformed Controlled Substances Act PDF Download Chapter 329
Hawaii was the first state to establish a medical marijuana program by legislation rather than by ballot initiative.1
Hawaii’s medical marijuana program was authorized by Act 228, Session Laws of Hawaii 2000. Act 228 became effective on June 14, 2000, and is codified as part IX, chapter 329, Hawaii Revised Statutes (HRS) (entitled “Medical Use of Marijuana”). The Department of Public Safety adopted administrative rules to implement the provisions of Act 228 on December 28, 2000.
Current Operating Structure of the Hawaii Medical Marijuana Program
Currently administered by the Department of Public Safety, the Hawaii medical marijuana program affords certain protections to qualifying patients, primary caregivers, and treating physicians. Specifically, section 329-125, HRS, provides that a qualifying patient or the primary caregiver of a qualifying patient may assert the medical use of marijuana as an affirmative defense to any prosecution involving marijuana, so long as the qualifying patient or primary caregiver has strictly complied with the requirements of the program.
Similarly, section 329-126, HRS, provides that “[n]o physician shall be subject to arrest or prosecution, penalized in any manner, or denied any right or privilege for providing written certification for the medical use of marijuana for a qualifying patient[,]” so long as the physician strictly complies with the requirements of the program. The cumulative effect of these protections is the removal of state-level criminal penalties for the medical use of marijuana by qualifying patients. Section 329-121, HRS, defines “medical use” as “the acquisition, possession, cultivation, use, distribution, or transportation of marijuana or paraphernalia relating to the administration of marijuana to alleviate the symptoms or effects of a qualifying patient’s debilitating medical condition.”
A qualifying patient is generally allowed to select a primary caregiver, a person of at least eighteen years of age who agrees to undertake the responsibility for managing the well-being of the qualifying patient with respect to the medical use of marijuana.3
Section 329-121, HRS, also states that “[f]or the purposes of ‘medical use’, the term distribution is limited to the transfer of marijuana and paraphernalia from the primary caregiver to the qualifying patient.” 1 Alaska, California, Maine, Oregon, and Washington established medical marijuana programs by ballot initiative prior to the enactment of Hawaii’s Act 228.2
Although the Hawaii medical marijuana program is currently administered by the Department of Public Safety, the program will be transferred to the Department of Health, beginning January 1, 2015. See discussion of Recent Developments, infra. 3 In the case of a minor or an adult lacking legal capacity, the primary caregiver shall be a parent, guardian, or person having legal custody. Section 329-121, Hawaii Revised Statutes (HRS).
Medical Marijuana Related Legal Documents
IMPORTANT!
If you’re new to this section, be sure to review 2015 Hawaii Medical Marijuana legislation archive.
Hawaii Cannabis Law 2014-2015 Amendments to Current Hawaii Medical Marijuana Law
SB0642 HD2 CD1 (CCR 174) RELATING TO HEALTH.
Introduced by: Green J, Chun Oakland S Amends provisions relating to medical use of marijuana (cannabis) law. Redefines adequate supply to not exceed 7 marijuana plants whether immature or mature and 4 ounces of usable marijuana at any given time. — Redefines medical use by repealing from the primary caregiver to the qualifying patient. — Redefines primary caregiver who is 18 years or older and who agrees to undertake responsibility for managing the well being of the qualifying patient. — Redefines written certification by replacing department of public safety with the department of health. Amends provisions relating to registration requirement by transferring registration requirements to the department of health instead of the department of public safety. Requires qualifying patients to report changes in information within 10 working days to the department of health. Allows the department of health to charge a patient a 35 dollars registration fee per year. Allows law enforcement agency verification inquiry 24 hours a day, 7 days a week from the department of health to whether the subject of the inquiry has registered with the department. — SB0642 CD1 Committee Reports: SSCR 314 (HTH) SSCR 511 (CPN) HSCR 1215 (HLT) HSCR 1541 (CPC/ JUD/) CCR 174 Current Status: Apr-30 13 Passed Legislature Section Affected: 329-121, 329-122, 329-123
HB0668 HD2 SD2 CD1 (CCR 178) RELATING TO HEALTH.
Introduced by: Belatti D, Lee C Amends provisions relating to medical use of marijuana (cannabis) law. Establishes provisions relating to medical marijuana registry revolving fund. Establishes the medical marijuana (cannabis) registry revolving fund within the state treasury. Requires the director of health to expend moneys to offset the cost of the processing and issuance of a patient registry identification certificate and primary caregiver registration certificates; to fund positions authorized by the legislature; to establish and manage a secure and confidential database; and for any other expenditure necessary, as authorized by the legislature, to implement a medical marijuana registry program. Provides that upon completion of the transfer of the medical use of marijuana allows the department of health to charge a medical marijuana registration fee of no more than 35 dollars and to deposit money derived from fees collected into the medical marijuana registry revolving fund. Amends provisions relating to controlled substance registration revolving fund; established. Repeals the director of public safety the processing and issuance of a patient registry identification certificate designation. Transfers all rights, powers, functions, and duties of the department of public safety relating to the medical use of marijuana (cannabis) to the department of health by January 1, 2015. Requires the department of public safety to facilitate the transfer of functions and the department of health. Requires all designated forms for written certifications issued by the department of public safety to be valid under the department of health until the department of health issues new designated forms. Requires the department of health and department of public safety to develop and implement a plan for the transfer. Joint report on the transfer of the medical use of marijuana program, including the plan and timeline for the transfer, and the progress made, to the legislature. Appropriations to the department of health to effectuate the transfer of the medical use of marijuana program from the department of public safety. — HB0668 CD1 Committee Reports: HSCR 478 (HLT/ PBS/) HSCR 905 (FIN) SSCR 1005 (HTH/ PSM/) SSCR 1377 (JDL/ WAM/) CCR 178 Current Status: Apr-30 13 Passed Legislature Section Affected: 321- (1 SECTION), 329-59
Hawaii Revised Statutes – Amendments possibly related to section 329
SB1180 HD1 (HSCR 1621) RELATING TO EMERGENCY SCHEDULING OF CONTROLLED SUBSTANCES. Introduced by: Kim D (BR) Amends provisions relating to authority to schedule controlled substances. Requires the administrator of the narcotics enforcement division of the department of public safety to assess the degree of danger or probable danger of and in making a determination if a substance should be emergency scheduled. Requires the department of public safety to post a public notice 30 prior to the effective date of the emergency scheduling action at the state capitol, in the office of the lieutenant governor, and on the department’s website for public inspection. — SB1180 HD1 Committee Reports: SSCR 227 (PSM) SSCR 533 (JDL) HSCR 1110 (PBS) HSCR 1621 (JUD) Current Status: Apr-16 13 Received by the Governor Apr-30 13 Approved by Governor (Act 68 2013) Section Affected: 329-11 Source: http://lrbhawaii.info/reports/legrpts/lrb/2013/passed13.pdf
Department of Public Safety Guidelines for Hawaii Medical Use of Marijuana
[Physician and Patient Information]
http://dps.hawaii.gov/wp-content/uploads/2012/09/Physian-Information-Med-Marijuana-rev113011.pdf
2013-2014 Medical Marijuana Related Bills
(Current In Various Stages at the Hawaii State Legislature. These are NOT Law.) http://mcchi.org/about-the-legislation/
Also Related
§712-1250 Promoting intoxicating compounds. Read Commentary for insights into penalties. http://www.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0712/HRS_0712-1250.htm
Department of Public Safety (PSD) and Department of Health (DOH) report to the 2014 Hawaii State Legislature
Hawaii Medical Cannabis Work Group Report to Legislature
Hawaii Medical Cannabis Working Group Report
Out of State Resources
What A Good Medical Marijuana Program Should Look Like
Based on Oregon, California and Washington programs.