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Hawaii Medical Marijuana Laws

In Hawaii, medical use of marijuana by patients having debilitating condition is permitted.  In order to qualify the patient must have a physician’s certificate stating that use of medical marijuana would outweigh the health risks associated with its use.  Physicians issuing the certificate shall register the names, addresses, patient identification numbers, and other identifying information of the patients with the Department of Public Safety.  Qualifying patients and their designated primary caregivers should collectively possess only an “adequate supply” of marijuana.  Adequate supply means marijuana in a quantity needed to meet the uninterrupted medical use of marijuana.  However, “adequate supply” may not go above one ounce of usable marijuana and three mature marijuana plants, and four immature marijuana plants.  

          Qualifying patients shall be registered with Department of Public Safety, and such registration shall be valid until the expiry of the physician’s certificate.  Sufficient identifying information of the qualifying patient and the primary caregiver should be furnished for registration.  Any change in information should be intimated to the department within five working days of such change.  Primary caregivers are also registered with the department.  Every primary caregiver shall be responsible for the care of only one qualifying patient at any given time.  On furnishing the required details the department shall issue to the qualifying patient a registration certificate.  The department may also charge a fee not exceeding $25 for registration. 

          Distributing or possession of marijuana is authorized only if it is for medical purposes.                                A qualifying patient or the primary caregiver may assert the medical use of marijuana as an affirmative defense to any prosecution involving marijuana.  However, the defense is valid only if the qualifying patient and the primary caregiver strictly complied with the statutory requirements.  states the protections afforded to a qualifying patient or primary caregiver. 

          Physicians providing certificate for the medical use of marijuana to qualifying patients shall not be penalized in any manner under the state law. [1] They shall not be deprived of any rights or privileges.  Certificates may be issued to those patients having debilitating medical condition only after assessing the patient’s medical history and the current medical condition under a bona fide physician-patient relationship.  

          State laws place certain limitations on the medical use of marijuana.  Use of medical marijuana in a school bus, public bus, any moving vehicle, workplace, school grounds, public park, public beach, public recreation center, youth center or any other place open to the public is not permitted. HRS § 329-122 lays down the conditions for the medical use of marijuana.

Relevant state law defining a “debilitating condition” is:

HRS § 329-121″Debilitating medical condition” means:

      (1) Cancer, glaucoma, positive status for human immunodeficiency virus, acquired immune deficiency syndrome, or the treatment of these conditions;
      (2) A chronic or debilitating disease or medical condition or its treatment that produces one or more of the following:

         (A) Cachexia or wasting syndrome;

         (B) Severe pain;

         (C) Severe nausea;

         (D) Seizures, including those characteristic of epilepsy; or

         (E) Severe and persistent muscle spasms, including those characteristic of multiple sclerosis or Crohn’s disease; or

      (3) Any other medical condition approved by the department of health pursuant to administrative rules in response to a request from a physician or potentially qualifying patient.

[1] HRS § 329-125.


Inside Hawaii Medical Marijuana Laws