Hawaii

Navigating Hawaii State Laws:

Patients and Caregivers: Enrolling and Accessing Medical Cannabis

Medical Professionals: Procedures for recommending Medical Cannabis

Policymakers and Advocates: Actions Needed to Improve Laws for Patients

NOTICE: It can be challenging for patients to determine which businesses offering cannabis products are licensed and approved by the state. Review this list of medical cannabis retailers to find out where to purchase regulated cannabis in Hawaii. 

Traveling? Get more information about traveling in the US here.

Home cultivation is allowed in Hawaii, for medical cannabis patients to grow up to ten plants in a single household. However, patients must register as a cultivator with the state before growing their plants.

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Background on State Laws

Hawaii first passed SB 862/HD 1 in 2000, making it the first state to legalize medical cannabis via the legislative process. Medical cannabis is legal in Hawaii, patients and caregivers may purchase from a dispensary or cultivate up to seven plants at home. Possession for patients and caregivers is limited to 4 ounces. Later on, SB 1291 clarified anti-discrimination protections for patients. In 2018, Hawaii passed legislation permitting registered out-of-state cannabis patients to legally purchase cannabis while visiting the state. Patients visiting Hawaii can apply online for a 60 day registration card; the card costs a $49.50 fee and allows visitors to shop at Hawaii’s dispensaries. In 2019, Hawaii announced that registrations could be valid for up to three years and that out-of-state patients could now obtain medicine in Hawaii. Details on how these laws apply to patients and medical professionals can be found below.

In 2020, Hawaii decriminalized minor cannabis possession offenses. Expungement can be granted to anyone convicted of possession of up to three grams, following a submission of a petition. For more information review HB 1383.

Here is a breakdown of how Hawaii fared in ASA’s Annual State of the States Report, which evaluates the effectiveness of each state cannabis program from a patient perspective and assigns a grade using a rubric that reflects the key issues affecting patient access. Medical cannabis laws are constantly changing, ASA’s policy recommendations for Hawaii can be found below. For policy updates Sign Up here or Take Action!

Patient Rights and Civil Protections	70/100
Arrest Protection 25/25 Affirmative Defense 20/20 Parental Rights Protections 20/20 Employment Protections 0/20 DUI Protections 0/10 Explicit Privacy Standards 5/5
Access to Medicine	45/100
Authorizes Retail Access 10/10 Alternative Accessibility Methods 0/20 - Authorizes Delivery 0/10 - Authorizes Curbside Pickup 0/10 Personal Cultivation 15/15 Collective Gardening 5/5 Sufficient Number of Licensed Retailers 5/30 Reciprocity 10/20
Program Functionality	62/100
Legal Protections Within Reasonable Time Frame 15/20 Reasonable Possession Limits 10/10 Reasonable Purchase Limits 10/10 Telemedicine for Physician Certifications 7/15 Patient and Physician Representation in Program Decision Making 0/20 Reasonable Caregiver Standards 5/5 - Background Checks 2/2 - Number of Caregivers 3/3 Reasonable Physician Standards 5/5 Access to Administration Methods 10/10 - Allows Dried Flower 5/5 - Allows Edibles, Concentrates, and Other Forms 5/5 Provides Access to Minors on School Grounds 0/5
Affordability	45/100
Sales Tax Break for Patients and Caregivers 15/20 Covered by State Insurance or Health Aid 0/20 Reasonable Registration Fees 20/20 Financial Hardship Waivers or Discounts 0/20 Donation Program 0/10 Allows Multi-Year Registrations 10/10
Health and Social Equity	72/100
State Program Protections 25/25 Housing Protections 20/25 Access for Minors 10/10 Access in Underserved Areas 2/10 List of Qualifying Conditions is Exhaustive or All Inclusive 5/10 Allows Patients to Medicate Where they Choose 5/10 Organ Transplants 5/5 Ownership or Employment Restrictions 0/5
Consumer Protection and Product Safety	150/200
Cultivation Operations 42/50 Quality Management Systems 10/10 Staff Training 10/10 Standard Operating Procedures 7/8 - Facility and Equipment Sanitation 1/1 - Workplace Safety 1/1 - Storage 1/1 - Batch and Lot Tracking 1/1 - Security 1/1 - Waste Disposal 1/1 - Water Management 0/1 - Records Management 1/1 Pesticide Usage Limitations 1/2 Environmental Impact Regulations 0/2 Required Testing 7/8 - Cannabinoids 1/1 - Terpenes 0/1 - Microbials 1/1 - Aflatoxins 1/1 - Pesticides 1/1 - Heavy Metals 1/1 - Foreign Matter 1/1 - Moisture Content/ Water Activity 1/1 Packaging and Labeling 1/3 - Cannabinoids 1/1 - Terpenes 0/1 - Pesticides 0/1 Complaints, Adverse Event Reporting, and Recall Protocol 6/7 Manufacturing Operations 41/50 Quality Management Systems 10/10 Staff Training 10/10 Standard Operating Procedures 7/7 - Facility and Equipment Sanitation 1/1 - Workplace Safety 1/1 - Storage 1/1 - Batch and Lot Tracking 1/1 - Security 1/1 - Waste Disposal 1/1 - Records Management 1/1 Environmental Impact Regulations 0/3 Required Testing 7/10 - Cannabinoids 1/1 - Terpenes 0/1 - Microbials 1/1 - Aflatoxins 1/1 - Pesticides 1/1 - Heavy Metals 1/1 - Residual Solvents 1/1 - Homogeneity 0/1 - Foreign Matter 1/1 - Water Activity 0/1 Packaging and Labeling 3/5 - Cannabinoids 1/1 - Terpenes 0/1 - Ingredients 1/1 - Allergens 1/1 - Nutritional Content 0/1 Complaints, Adverse Event Reporting and Recall Protocol 4/5 Dispensary Operations 39/50 Staff Training 20/20 Standard Operating Procedures 7/7 - Facility Sanitation 1/1 - Workplace Safety 1/1 - Storage 1/1 - Batch and Lot Tracking 1/1 - Security 1/1 - Waste Disposal 1/1 - Records Management 1/1 Product Testing 0/10 - Product Meets Requirements Before Sale 0/5 - COA Disclosure 0/5 Complaints, Adverse Event Reporting and Recall Protocol 12/13 Laboratory Operations 28/50 Independent or Third-Party 5/5 Laboratory Sampling 5/5 Method Validation 4/4 Quality Management Systems 3/5 Staff Training 10/20 Standard Operating Procedures 1/7 - Facility and Equipment Sanitation 0/1 - Equipment and Instrument Calibration 0/1 - Workplace Safety 0/1 - Sample Tracking 1/1 - Security 0/1 - Waste Disposal 0/1 - Records Management 0/1 Result Reporting 0/4
Score Penalties	0/100
Gives Regulatory Preference to Adult Use 0/20 Classifies Cannabis as a Medicine of Last Resort 0/15 Administrative or Supply Problems 0/15 Requires Vertical Integration 0/10 Creates New Criminal Penalties for Patients 0/10 Limits Patients to a Single Retailer 0/10 No System for Adding Qualifying Conditions 0/10 Imposes Bans or Limits on THC 0/5 Imposes Bans or Limits on CBD 0/5
Excerpted from ASA's 2022 State of the States Report.