Since 2000, Hawaii has been passing medical marijuana bill after bill. Currently medical marijuana is legal and there are 8 medical marijuana dispensaries with two cultivation licenses each; allows more to be licensed in 2017.
Cannabis Grow Limit:
A registered medical marijuana program participant that indicates their intent to grow on their application may grow an “adequate supply,” or no more than seven (7) plants total and no more than 4 oz. of usable marijuana jointly between a registered patient and caregiver.
A qualifying patient may designate a caregiver on their application to grow no more than seven (7) plants total on their behalf. A caregiver may only grow for one patient at a time. Whosoever is designated to grow medical marijuana should tag each plant at the base with their 329 card number and expiration date.
Act 241 eliminates the ability of a caregiver to grow medical marijuana on behalf of a qualifying patient after December 31, 2018 (unless the patient is a minor or adult lacking legal capacity or resides on an island without a dispensary).
Hawaii was the 6th state to approve medical marijuana on June 14, 2000; making it the 1st state whose legislature led the legalization.
Important Cannabis Laws
SB 862 (2000) : made Hawaii the first state to legalize medical cannabis via the legislature as opposed to voter initiative.
HB 668 (2013) : moved the medical marijuana program from the Department of Public Safety to the Department of Health and established a Medical Marijuana Registry special fund.
SB 642/Act 178 (2013) : redefined “adequate supply,” “medical use,” “primary caregiver,” “usable marijuana,” and “written certification.” Also amends registration requirements and creates a mechanism for law enforcement to immediately verify registration status 24 hours a day, 7 days a week. Registered medical cannabis patients and their registered caregivers may possess up to three ounces of usable cannabis and cultivate up to seven plants. Registered patients and caregivers are entitled to an affirmative defense in court.
HB 321/Act 241 (2015) – Created the dispensary program, added Post Traumatic Stress Disorder (“PTSD”) to the list of debilitating medical conditions and removed the primary care physician requirement.
HB 321 (2015) : created a program allowing 8 medical marijuana dispensaries with two cultivation licenses each and allows more to be licensed in 2017.
SB 1291 (2015) : clarified anti-discrimination protections for patients.
HB 2707 (2016) : which created a legislative oversight group to monitor the program and report back to the legislature before 2018 legislative session. The bill also expanded recommending power to advance practice-registered nurses and expanded the allowed delivery methods and protections for paraphernalia. Also extended transportation protections to facilitate transportation to certified laboratories.
HB 1488 (2017) : which increased the number of plants a qualified patient or caregiver from seven to ten, added rheumatoid arthritis, lupus, epilepsy, and multiple sclerosis as qualifying conditions, permitted qualified patients to access laboratory testing, and allowed patients with mobility issues to be delivered their medicine.
Chapter 11-160: Hawaii Administrative Rules, entitled “Medical Use of Marijuana,” became effective on July 18, 2015.