Definitions
HRS §329-121
in effect329-121. Definitions
As used in this part:
"Adequate supply" means an amount of
medical cannabis jointly possessed between the qualifying patient and the
primary caregiver that is not more than is reasonably necessary to ensure the
uninterrupted availability of cannabis for the purpose of alleviating the
symptoms or effects of a qualifying patient's debilitating medical condition;
provided that an "adequate supply" shall not exceed: ten cannabis
plants, whether immature or mature, and four ounces of usable cannabis at any
given time. The four ounces of usable cannabis shall include any combination
of usable cannabis and manufactured cannabis products, as provided in chapter
329D, with the cannabis in the manufactured cannabis products being calculated
using information provided pursuant to section 329D-9(c).
"Adequate supply for a qualifying
out-of-state patient" means an amount of cannabis individually possessed
by a qualifying out-of-state patient or jointly possessed by a qualifying
out-of-state patient who is under eighteen years old and the caregiver of the
qualifying out-of-state patient that is not more than is reasonably necessary
to ensure the uninterrupted availability of cannabis for the purpose of
alleviating the symptoms or effects of the qualifying out-of-state patient's
debilitating medical condition; provided that an "adequate supply for a
qualifying out-of-state patient" shall not exceed four ounces of usable
cannabis at any given time and shall not include live plants. The four ounces
of usable cannabis shall include any combination of usable cannabis and
manufactured cannabis products, as provided in chapter 329D; provided that the
usable cannabis in the manufactured products shall be calculated using
information provided pursuant to section 329D-9(c).
"Advanced practice registered nurse"
means an advanced practice registered nurse with prescriptive authority as
described in section 457-8.6 and registered under section 329-32.
"Cannabis" shall have the same
meaning as "marijuana" and "marijuana concentrate" as
provided in sections 329-1 and 712-1240.
"Caregiver of a qualifying out-of-state
patient" means a parent, guardian, or person having legal custody of a
qualifying out-of-state patient who is under the age of eighteen years.
"Debilitating medical condition"
means:
(1) Cancer, glaucoma, lupus, epilepsy, multiple
sclerosis, rheumatoid arthritis, positive status for human immunodeficiency
virus, acquired immune deficiency syndrome, or the treatment of these
conditions;
(2) A chronic or debilitating disease or medical
condition or its treatment that produces one or more of the following:
(A) Cachexia or wasting syndrome;
(B) Severe pain;
(C) Severe nausea;
(D) Seizures, including those characteristic
of epilepsy;
(E) Severe and persistent muscle spasms,
including those characteristic of multiple sclerosis or Crohn's disease; or
(F) Post-traumatic stress disorder; or
(3) Any other medical condition approved by the
department of health pursuant to administrative rules in response to a request
from a physician or advanced practice registered nurse or potentially
qualifying patient.
"Medical use" means the acquisition,
possession, cultivation, use, distribution, or transportation of cannabis or
paraphernalia relating to the administration of cannabis to alleviate the
symptoms or effects of a qualifying patient's debilitating medical condition;
provided that "medical use" does not include the cultivation or
distribution of cannabis or paraphernalia by a qualifying out-of-state patient or
the caregiver of a qualifying out-of-state patient. For the purposes of
"medical use", the term "distribution" is limited to the
transfer of cannabis and paraphernalia.
"Physician" means a person who is
licensed to practice under chapter 453 and is licensed with authority to
prescribe drugs and is registered under section 329-32. "Physician"
does not include a physician assistant as described in section 453-5.3.
"Primary caregiver" means a person
eighteen years of age or older, other than the qualifying patient and the
qualifying patient's physician or advanced practice registered nurse, who has
agreed to undertake responsibility for managing the well-being of the
qualifying patient with respect to the medical use of cannabis. In the case of
a minor or an adult lacking legal capacity, the primary caregiver shall be a
parent, guardian, or person having legal custody.
"Qualifying out-of-state patient" or
"registered qualifying out-of-state patient" means a person who is
registered for the medical use of cannabis in another state, a United States
territory, or the District of Columbia.
"Qualifying patient" means a person
who has been diagnosed by a physician or advanced practice registered nurse as
having a debilitating medical condition.
"Usable cannabis" means the dried
leaves and flowers of the plant Cannabis family Moraceae, and any mixture or
preparation thereof, that are appropriate for the medical use of cannabis. "Usable
cannabis" does not include the seeds, stalks, and roots of the plant.
"Written certification" means the
qualifying patient's medical records or a statement signed by a qualifying
patient's physician or advanced practice registered nurse, stating that in the
physician's or advanced practice registered nurse's professional opinion, the
qualifying patient has a debilitating medical condition and the potential
benefits of the medical use of cannabis would likely outweigh the health risks
for the qualifying patient. The department of health may require, through its rulemaking
authority, that all written certifications comply with a designated form.
"Written certifications" are valid for one year from the time of
signing; provided that the department of health may allow for the validity of
any written certification for three years if the qualifying patient's physician
or advanced practice registered nurse states that the patient's debilitating
medical condition is chronic in nature.
[L 2000, c 228, pt of §2; am L 2009, c
11, §43 and c 169, §7; am L 2010, c 57, §4; am L 2013, c 178, §2; am L 2015, c
241, §6; am L 2016, c 230, §7; am L 2017, c 41, §2 and c 170, §2; am L 2018, c
116, §4; am L 2023, c 108, §1]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol06_Ch0321-0344/HRS0329/HRS_0329-0121.htmFetched: 11/10/2026