Is Weed Legal In Hawaii, Yes for Medical Use
Senate Bill 862
(40 KB) -- Signed into law by Gov. Ben Cayetano on June 14, 2000
Approved: By House 32-18, by Senate 13-12
Effective: Dec. 28, 2000
Rules and regulations for Hawaii's medical marijuana program:
- Patients must have one of 13 qualifying conditions including cancer, glaucoma, HIV/AIDS, epilepsy, multiple sclerosis, PTSD, and others.
- Patients must register and obtain a medical marijuana card from the Hawaii Department of Health's Medical Cannabis Program.
- There are 8 licensed medical cannabis dispensaries operating across Hawaii's islands that can sell products to registered patients.
- Approved products include dried flower, concentrated oils, pills, lozenges, topical gels/creams, transdermal patches, and suppositories. Edibles are prohibited.
- Home cultivation is allowed for registered patients. They can grow up to 10 plants at a time including 5 mature flowering plants.
- Legal possession limits are 4 ounces of dried flower and 1 ounce of concentrated cannabis oils.
- Smoking marijuana in public places is prohibited, as is operating vehicles while impaired. Consumption must be on private property only.
- Medical marijuana patient cards and purchase limits are tracked in a state registry accessible by law enforcement.
- Dispensaries cannot sell patients more than 4 ounces of dried buds or 1 ounce of oil over 15 consecutive days.
- Only licensed dispensaries can legally provide medical cannabis. Purchases from unlicensed sources remain illegal.
Medical marijuana is permitted in Hawaii.
Qualifying patients are permitted to possess three ounces of usable medical marijuana. Home cultivation allows no more than seven marijuana plants, of which no more than three may be mature. There are no state-licensed dispensaries.
Removes
state-level criminal penalties on the use, possession and cultivation of
marijuana by patients who possess a signed statement from their
physician affirming that he or she suffers from a debilitating condition
and that the "potential benefits of medical use of marijuana would
likely outweigh the health risks." The law establishes a mandatory,
confidential state-run patient registry that issues identification cards
to qualifying patients.
Approved conditions:
Cancer, glaucoma, positive status for HIV/AIDS; A chronic or
debilitating disease or medical condition or its treatment that produces
cachexia or wasting syndrome, severe pain, severe nausea, seizures,
including those characteristic of epilepsy, or severe and persistent
muscle spasms, including those characteristic of multiple sclerosis or
Crohn's disease. Other conditions are subject to approval by the Hawaii
Department of Health.
Possession/Cultivation:
The amount of marijuana that may be possessed jointly between the
qualifying patient and the primary caregiver is an "adequate supply,"
which shall not exceed three mature marijuana plants, four immature
marijuana plants, and three ounces of usable marijuana per each mature
plant.
Amended:HB 668
(240 KB)
Effective: June 25, 2013
Establishes a medical marijuana registry special fund to pay for
the program and transfers the medical marijuana program from the
Department of Public Safety to the Department of Public Health by no
later than Jan. 1, 2015.
Amended:SB 642
(95 KB)
Effective: Jan. 2, 2015
Redefines "adequate supply" as seven marijuana plants, whether
immature or mature, and four ounces of usable marijuana at any given
time; stipulates that physician recommendations will have to be made by
the qualifying patient's primary care physician.
The table below outlines Hawaii’s main marijuana laws.
| Code Section |
329-14, et seq.; 712-1240, et seq. |
| Possession for Personal Use |
Possession of less than 1 ounce of marijuana is a petty misdemeanor punishable by up to 30 days imprisonment and/or a fine of $1,000.
Possession of 1 ounce or more but less than 1 pound is a misdemeanor punishable by up to 1 year imprisonment and/or a $2,000 fine. |
| Possession |
Possession of 25 or more marijuana plants or possession of 1 lb. or more of anything containing marijuana: Class C felony; 2 lbs. or more: Class B felony; 25 lbs. or more: Class A felony; Possession of over 100 plants: Class A felony; Distribution of any small amount or possession of any small amount: misdemeanor |
| Sale |
Sale of any amount: Class C felony; 1 lb. or more: Class B felony; 5 lbs. or more: Class A felony |
| Trafficking |
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Department of Public Safety
Narcotics Enforcement Division
3375 Koapaka Street, Suite D-100
Honolulu, HI 96819
Phone: 808-837-8470
Fax: 808-837-8474
hawaiicsreg@ned.hawaii.gov
Website:
HI Medical Marijuana Application info
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