- About About
Medical Patient Resources Becoming a State-Authorized Patient Talking to your doctor The Medical Cannabis Patient’s Guide for U.S. Travel Patient's Guide to CBD Patient's Guide to Medical Cannabis Guide to Using Medical Cannabis Condition-based Booklets Growing Cannabis Cannabis Tincture, Salve, Butter and Oil Recipes Leaf411 Affordability Program Tracking Treatment & Gathering Data with Releaf App Medical Professional Resources CME for Medical Professionals Cannabis Safety Medical Cannabis Research
- Legal Legal
Advocacy ASA Chapters Start an ASA Chapter Take Action Campaigns No Patient Left Behind End Pain, Not Lives Vote Medical Marijuana Medical Cannabis Advocate's Training Center Resources for Tabling and Lobby Days Strategic Planning Civics 101 Strategic Messaging Citizen Lobbying Participating in Implementation Movement Building Organizing a Demonstration Organizing Turnout for Civic Meetings Public Speaking Media 101 Patient's History of Medical Cannabis
Policy Model Federal Legislation Download Ending The Federal Conflict Public Comments by ASA Industry Standards Guide to Regulating Industry Standards Recognizing Science using the Data Quality Act Fact Sheet on ASA's Data Quality Act Petition to HHS Data Quality Act Briefs ASA Data Quality Act petition to HHS Information on Lawyers and Named Patients in the Data Quality Act Lawsuit Reports 2020 State of the States Medical Cannabis in America Medical Cannabis Access for Pain Treatment
- Join Join
Hawai'i Medical Marijuana Laws & Regulations
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 took effect in January 2015, House Bill (HB) 668 and Senate Bill (SB) 642. HB 668 moved the medical marijuana program from the Department of Public Safety to the state’s Department of Health (“Department of Health”) and established a Medical Marijuana Registry Special Fund. SB 642 redefined the terms “adequate supply,” “medical use,” “primary caregiver,” “usable marijuana” and “written certification.” SB 642 also amended the registration requirements and created a mechanism for law enforcement agencies to immediately verify registration status 24 hours a day, 7 days a week.
In 2015, the legislature passed two more bills that greatly expanded the medical cannabis program. HB 321 created a program allowing 8 medical marijuana dispensaries with two cultivation licenses each and allows more to be licensed in 2017. SB 1291 clarified anti-discrimination protections for patients.
In 2016, the legislature passed HB 2707 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. HB 2707 also extended transportation protections to facilitate transportation to certified laboratories.
Hawaii’s medical cannabis law provides legal protections for registered medical cannabis patients and their registered caregivers. Patients register electronically with Hawaii’s Department of Health through their doctor or advanced practice registered nurse who will provide a registration certification. At the time of registering, patients designate their primary caregiver. Hawaii has a registry verification system that law enforcement can access 24 hours/day, 7 days/week, so registered patients and caregivers who are in clear compliance with the law are often not subject to arrest.
While Hawaii law does not explicitly protect patients and caregivers against arrest, it provides an affirmative defense that allows a defendant’s status as a registered patient or caregiver as a defense in court. If the court determines that a patient or caregiver's possession or use of medical cannabis was within the scope of the law, the court may dismiss charges before a trial or acquit.
The regulations governing Hawaii’s medical marijuana program are found in Chapter 160 of the Hawaii Administrative Rules (“HAR”). These regulations are mostly a restatement of the state’s statute, but they also help clarify the limits and rules on the cultivation of medical marijuana. The regulations governing Hawaii’s medical marijuana dispensaries are found in Chapter 850 of the HAR.
In 2017, Governor David Ige (D) signed a bill (HB 1488) 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.
In June of 2000, Hawaii passed SB 862 HD1, which made Hawaii the first state whose legislature, as opposed to voter initiative, legalized marijuana for medical use.
HB 668/Act 177 (2013) - Required that the medical marijuana program be transferred from the Department of Public Safety to the Department of Public Health by January 1, 2015.
SB 642/Act 178 (2013) - Changed the definition of "adequate supply" from 3 mature/4 immature marijuana plants, to 7 live marijuana plants, and required that the patient's primary care physician be their recommending physician.
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 2707/Act 230 (2016): Advanced practice registered nurses are able to certify patients for medical marijuana use.
HB 1488 (2017)
Chapter 11-160: Hawaii Administrative Rules, entitled “Medical Use of Marijuana,” became effective on July 18, 2015.
 Hawaii Revised Statute (“Haw. Rev. Stat.”) § 329-125.
 Haw. Rev. Stat. § 329-123.
 Haw. Rev. Stat. § 329-123.
 Haw. Rev. Stat. §§ 329-123(d), 125.
 Haw. Rev. Stat. § 329-125.
 Haw. Rev. Stat. § 329-125.