Hawaii Legal Information
In 2000, Hawaii passed SB 862 HD1, making Hawaii the first state to legalize medical cannabis via the legislature, as opposed to voter initiative. The legislature amended the law in 2013 with two bills that take effect in January 2015, House Bill 668 and Senate Bill 642. HB 668 moves the medical marijuana program from the Department of Public Safety to the Department of Health and establishes a Medical Marijuana Registry special fund. SB 642 redefines “adequate supply,” “medical use,” “primary caregiver,” “usable marijuana,” and “written certification.” SB 642 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, but because Hawaii has a registry verification system that law enforcement can access at any time, registered patients and caregivers who are in clear compliance with the law are often not subject to arrest.
In This Section
In June of 2000, Hawaii passed SB 862 HD1, making Hawaii the first state to legalize medical use cannabis via the legislature, as opposed to voter initiative. The law is codified as Hawaii Revised Statutes §329-121 et seq. In June 2013, the legislature amended the law with two bills, House Bill 668 and Senate Bill 642.
Unfortunately, patients, caregivers, and providers are still vulnerable to federal and state arrests, prosecutions, and incarceration. They also suffer pervasive discrimination in employment, child custody, housing, public accommodation, education and medical care.
A doctor may recommend marijuana to a seriously ill patient, providing the patient with protection from criminal conviction for marijuana use under Hawaii law. Hawaii also has a registry ID card system for patients which should ordinarily prevent a patient from being arrested for marijuana use. A primary caregiver may help a medical marijuana patient cultivate and ingest their medicine.
Medical professionals recommending medical cannabis must be licensed under Chapters 453 and 460, Hawaii Revised Statutes, and licensed with authority to prescribe drugs and is registered under section 329-32, Hawaii Revised Statutes.
Every state has varying laws and regulations for caregivers, cultivators and medical cannabis providers. This section includes an overview of state requirements and links to necessary forms and applications.