The Hawaii Medical Marijuana Law was signed by the State Governor on June 14, 2000, after passing through the legislative process in both the House and the Senate. An amendment to the law provides that the State Medical Marijuana Program previously administered by the Department of Public Safety would ultimately be transferred to the Department of Public Health by January 1, 2015.
The law removes state-level criminal offense on the use, possession, and cultivation of marijuana by patients who are suffering from debilitating medical conditions as certified by a physician. It establishes a mandatory and confidential patient registry that issues registration certificates for the qualifying patients and designated caregivers.
On January 2, 2015, the provision of the law pertaining to “adequate supply” was also revised, in which the amount a patient and his designated caregiver can jointly possess was redefined as seven marijuana plants, whether mature or immature, and four ounces of usable marijuana at any given time.
Caregiver Laws
A primary caregiver is a person, other than the qualifying patient’s physician, who has agreed to undertake responsibility for managing the welfare and well-being of the qualifying patient in relation to the medical use of marijuana. A designated caregiver must be at least 18 years old.
Along with the completed registry identification form, the qualifying patient and his primary caregiver shall provide a copy of the caregiver’s current Hawaii Drivers License, Hawaii State Identification Card or Passport, and a $25.00 registration fee.
Dispensary Laws
The Hawaii Medical Marijuana law does not allow for marijuana dispensaries and does not authorize any person or entity to sell or dispense marijuana to marijuana patients. While the law authorizes the medical use of marijuana, it does not authorize the distribution of marijuana through dispensaries, other than the transfer from a qualifying patient’s primary caregiver to the qualifying patient.
Growing Laws
Under the Hawaii Medical Marijuana Program, a qualifying patient and a designated caregiver who possess registry identification certificates may engage in the cultivation of medical marijuana only at the following locations:
- The qualifying patient’s home address; or
- The primary caregiver’s home address; or
- Other location owned or controlled by the qualifying patient or the primary caregiver that is approved by the administrator and designated on the registry certificate issued by the department.
The qualifying patient and primary caregiver may not jointly grow and possess more than an “adequate supply,” which under the law is defined as seven marijuana plants, whether immature or mature, and four ounces of usable marijuana at any given time.