Medical use of cannabis; conditions of use
HRS §329-122
in effect329-122. Medical use of cannabis; conditions of use
(a) Notwithstanding any law to the contrary, the medical use of cannabis by a qualifying patient shall be permitted only if:
(1) The qualifying patient has been diagnosed by a
physician or advanced practice registered nurse as having a debilitating
medical condition;
(2) The qualifying patient's physician or advanced
practice registered nurse has certified in writing that, in the physician's or
advanced practice registered nurse's professional opinion, the potential
benefits of the medical use of cannabis would likely outweigh the health risks
for the particular qualifying patient; and
(3) The amount of cannabis possessed by the
qualifying patient does not exceed an adequate supply.
(b) Subsection (a) shall not apply to a
qualifying patient under the age of eighteen years, unless:
(1) The qualifying patient's physician or advanced
practice registered nurse has explained the potential risks and benefits of the
medical use of cannabis to the qualifying patient and to a parent, guardian, or
person having legal custody of the qualifying patient; and
(2) A parent, guardian, or person having legal
custody consents in writing to:
(A) Allow the qualifying patient's medical
use of cannabis;
(B) Serve as the qualifying patient's primary
caregiver; and
(C) Control the acquisition of the cannabis,
the dosage, and the frequency of the medical use of cannabis by the qualifying
patient.
(c) Notwithstanding any law to the contrary,
the medical use of cannabis within the State by a qualifying out-of-state
patient aged eighteen years or older legally authorized to use cannabis for
medical purposes in another state, a United States territory, or the District
of Columbia shall be permitted only if the qualifying out-of-state patient:
(1) Provides to the department of health a valid
medical use of cannabis card with an explicit expiration date that has not yet
passed from the issuing jurisdiction and a valid photographic identification
card or driver's license issued by the same jurisdiction;
(2) Attests under penalty of law pursuant to section
710-1063 that the condition for which the qualifying out-of-state patient is
legally authorized to use cannabis for medical purposes is a debilitating
medical condition as defined in section 329-121;
(3) Provides consent for the department of health to
obtain information from the qualifying out-of-state patient's certifying
medical provider and from the entity that issued the medical cannabis card for
the purpose of allowing the department of health to verify the information
provided in the registration process;
(4) Pays the required fee for out-of-state
registration to use cannabis for medical purposes;
(5) Registers with the department of health pursuant
to section 329-123.5 to use cannabis for medical purposes;
(6) Receives a medical cannabis registry card from
the department of health; and
(7) Abides by all laws relating to the medical use of
cannabis, including not possessing an amount of cannabis that exceeds an
adequate supply.
(d) Notwithstanding any law to the contrary,
the medical use of cannabis by a qualifying out-of-state patient under eighteen
years of age shall only be permitted if:
(1) The caregiver of the qualifying out-of-state
patient provides the information required pursuant to subsection (c); and
(2) The caregiver of the qualifying out-of-state
patient consents in writing to:
(A) Allow the qualifying out-of-state
patient's medical use of cannabis;
(B) Undertake the responsibility for managing
the well-being of the qualifying out-of-state patient who is under eighteen
years of age with respect to the medical use of cannabis; and
(C) Control the acquisition of the cannabis,
the dosage, and the frequency of the medical use of cannabis by the qualifying
out-of-state patient who is under eighteen years of age.
(e) The authorization for the medical use of
cannabis in this section shall not apply to:
(1) The medical use of cannabis that endangers the
health or well-being of another person;
(2) The medical use of cannabis:
(A) In a school bus, public bus, or any
moving vehicle;
(B) In the workplace of one's employment;
(C) On any school grounds;
(D) At any public park, public beach, public
recreation center, recreation or youth center; or
(E) At any other place open to the public;
provided that a qualifying patient, primary caregiver, qualifying out-of-state
patient, caregiver of a qualifying out-of-state patient, or an owner or
employee of a medical cannabis dispensary licensed under chapter 329D shall not
be prohibited from transporting cannabis or any manufactured cannabis product,
as that term is defined in section 329D-1, in any public place; provided
further that the cannabis or manufactured cannabis product shall be transported
in a sealed container, not be visible to the public, and shall not be removed
from its sealed container or consumed or used in any way while it is in the
public place; and
(3) The use of cannabis by a qualifying patient,
parent, primary caregiver, qualifying out-of-state patient, or caregiver of a
qualifying out-of-state patient, for purposes other than medical use permitted
by this part.
(f) For the purposes of this section,
"transport" means the transportation of cannabis, usable cannabis, or
any manufactured cannabis product between:
(1) A qualifying patient and the qualifying patient's
primary caregiver;
(2) A qualifying out-of-state patient under eighteen
years of age and the caregiver of a qualifying out-of-state patient;
(3) The production centers and the retail dispensing
locations under a dispensary licensee's license;
(4) Dispensaries, to the extent authorized by section
329D-6(r); or
(5) A production center, retail dispensing location,
qualifying patient, primary caregiver, qualifying out-of-state patient, or
caregiver of a qualifying out-of-state patient and a certified laboratory for
the purpose of laboratory testing; provided that a qualifying patient, primary
caregiver, qualifying out-of-state patient, or caregiver of a qualifying
out-of-state patient may only transport up to one gram of cannabis per test to
a certified laboratory for laboratory testing and may only transport the
product if the qualifying patient, primary caregiver, qualifying out-of-state
patient, or caregiver of a qualifying out-of-state patient:
(A) Secures an appointment for testing at a
certified laboratory;
(B) Obtains confirmation, which may be
electronic, that includes the specific time and date of the appointment and a
detailed description of the product and amount to be transported to the
certified laboratory for the appointment; and
(C) Has the confirmation, which may be
electronic, available during transport.
For purposes of interisland transportation,
"transport" of cannabis, usable cannabis, or any manufactured
cannabis product, by any means is allowable only between dispensaries to the
extent authorized by section 329D-6(r) and between a production center or
retail dispensing location and a certified laboratory for the sole purpose of
laboratory testing pursuant to section 329D-8, as permitted under section
329D-6(m) and subject to section 329D-6(j), and with the understanding that
state law and its protections do not apply outside of the jurisdictional limits
of the State. Allowable transport pursuant to this section does not include
interisland transportation by any means or for any purpose between a qualifying
patient, primary caregiver, qualifying out-of-state patient, or caregiver of a
qualifying out-of-state patient and any other entity or individual, including
an individual who is a qualifying patient, primary caregiver, qualifying
out-of-state patient, or caregiver of a qualifying out-of-state patient.
[L
2000, c 228, pt of §2; am L 2001, c 55, §15; am L 2013, c 178, §3; am L 2015, c
241, §7; am L 2016, c 230, §8; am L 2017, c 41, §3 and c 170, §2; am L 2018, c
116, §5; am L 2022, c 309, §2]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol06_Ch0321-0344/HRS0329/HRS_0329-0122.htmFetched: 11/10/2026