Hawaii Medical Marijuana Laws 2014

Hawaii Marijuana Penalties

Offense

Penalty

Incarceration

  Max. Fine  

Possession

Personal Use

Less than 1 oz.

Misdemeanor

30 days

$ 1,000

1 oz. to 1 lb.

Misdemeanor

1 year

$ 2,000

With Intent To Distribute

1 lb to 2 lbs

Felony

5 years

$ 10,000

2 lbs to 25 lbs.

Felony

10 years

$25,000

25 lbs. or more

Felony

20 years

$50,000

Within 750 feet of school grounds or a park, or on or within 10 feet of a parked school vehicle.

Felony

5 years

$ 10,000

Sale or Delivery

Less than 1 oz.

Misdemeanor

1 year

$ 2,000

1 oz. to 1 lb.

Felony

5 years

$ 10,000

1 lb. to 5 lbs.

Felony

10 years

$ 25,000

5 lbs. or more

Felony

20 years

$50,000

Within 750 feet of school grounds or a park, or on or within 10 feet of a parked school vehicle.

Felony

5 years

$10,000

Cultivation

25-50 plants

Felony

5 years

$ 10,000

50-100 plants

Felony

10 years

$ 25,000

100 or more plants

Felony

20 years

$ 50,000

Less than 25 plants on another’s property.

Felony

10 years

$25,000

More than 25 plants on another’s property.

Felony

20 years

$50,000

In a structure where a minor under 16 years is present carries additional penalty.

Hash & Concentrates

Possession

Misdemeanor

1 year

$ 2,000

Distribution

Felony

10 years

$ 25,000

Civil Asset Forfeiture

Vehicles and other assets can be seized in a civil proceeding, regardless of whether criminal charges are brought.

Miscellaneous (license suspensions, civil damages, etc...)

Promoting through a minor

Felony

10 years

$ 25,000

Within school grounds, school vehicles, or a public park.

Felony

20 years

$50,000

Discovery of marijuana in a vehicle may result in each occupant being charged with possession.

 

------------------------------------------------------------------------------------------------------------------------------------------------------Hawaii Medical Marijuana Facts

Hawaii Medical Marijuana Statistics and Marijuana Facts
When Governor Ben Cayetano signed Senate Bill 862 into law in June of 2000, Hawaii became the first state to enact a medical marijuana law legislatively rather than via a ballot initiative. In fact, the marijuana bill easily cleared the state house and senate, showing an uncommonly strong legislative will to help patients in need. The law makes registration for a Hawaii medical marijuana card mandatory for patients. The law however does not authorize any type of dispensary or collective cultivation, instructing patients and their caregivers to grow their own cannabis. A patient and their primary caregiver may possess an “adequate supply” of medicine according to the law; however, there is a very strict limit to this and the total amount may not exceed 7 plants and 3 ounces of usable marijuana.
HAWAII MEDICAL MARIJUANA FACTS 2011:
• The most recently available marijuana data indicated that there are over 8000 medical marijuana patients in Hawaii. The program experienced a period of rapid expansion between 2006 and 2010 when registrations grew by 260 percent and almost 6000 new patients were added to the roster.
• The marijuana card is known as a “Blue Card” in Hawaii and, unlike states like California, it can take as long as 6 months for a patient to acquire one.
• The highest concentration of patients is located on the Big Island, where there are 3,779 medical cannabis patients despite the fact that only 13.6 % of the state’s population lives there.
• Hawaii’s tropical climate and easy access to water has made it into a great place for outdoor marijuana cultivation.
• Data indicates that there are 175 physicians in Hawaii who have recommended medical marijuana to their patients. Hawaii doctors who deal with medical cannabis do not allow walk-ins and require a full transfer of medical records before seeing a patient.
• There are 958 caregivers growing marijuana for Hawaii patients according to the most recent statistics available.
• Records show that only 3 patients actually violated the medical marijuana law in 2010.
HAWAII MEDICAL MARIJUANA FACTS: MANAGEMENT AND ENFORCEMENT
• Odd Hawaii marijuana fact: Instead of being under the Department of Health as is the case in most states, the patient registry is managed by the state’s Narcotics Enforcement Division, which is also in charge of enforcing drug laws. This creates a difficult situation where those issuing marijuana cards are often ideologically opposed to medical cannabis.
• Another contradiction of interests occurs because the Hawaii Police Department is in charge of enforcing the medical marijuana law, which much of the department doesn’t support. In fact, the department receives up to $250,000 annually to eradicate cannabis and enforce prohibition. No money is allocated to enforce the medical marijuana program.
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Hawaii Medical Marijuana Card
HAWAII MEDICAL MARIJUANA CARD
Under Hawaii medical marijuana law, qualifying patients must register with and obtain a registration certificate (sometimes referred to as a medical marijuana card, cannabis card, or pot card) from the Narcotics Enforcement Division (NED), a division of Hawaii's Department of Safety. The fee is currently $25. The registration certificate is valid for one year, and qualifying patients must report changes in information within five business days.
HOW TO OBTAIN A MEDICAL MARIJUANA CARD IN HAWAII
1. Have your physician request a written certification form from the Narcotics Enforcement Division of the Department of Public Safety by calling (808) 837-8470. Find a medical marijuana doctor in Hawaii here.
2. Send the completed certification form along with a copy of your photo ID and a check for the registration fee ($25 for the patient plus $25 for the caregiver, if any) to:
Narcotics Enforcement Division (NED) ?3375 Koapaka St., Suite D-100 ?Honolulu, HI 96819
Phone: (808) 837-8470 || Fax: (808) 837-8474
OTHER HAWAII MEDICAL MARIJUANA FORMS
• A Guide to Hawaii's Law for Physicians, Patients and Caregivers
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Hawaii Medical Marijuana Laws
FULL TEXT OF HAWAII'S MEDICAL MARIJUANA LAW
The Hawai`i Medical Marijuana Act
CHAPTER 329. [NEW] UNIFORM CONTROLLED SUBSTANCES ACT
PART IX. MEDICAL USE OF MARIJUANA
[§329-121]. Definitions
As used in this part:
“Adequate supply” means an amount of marijuana jointly possessed between the qualifying patient and the primary caregiver that is not more than is reasonably necessary to assure the uninterrupted availability of marijuana 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 three mature marijuana plants, four immature marijuana plants, and one ounce of usable marijuana per each mature plant.
“Debilitating medical condition” means:
(1) Cancer, glaucoma, 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; or
(E) Severe and persistent muscle spasms, including those characteristic of multiple sclerosis or Crohn’s disease; 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 potentially qualifying patient.
“Marijuana” shall have the same meaning as “marijuana” and “marijuana concentrate” as provided in sections 329-1 and 712-1240.
“Medical use” means the acquisition, possession, cultivation, use, distribution, or transportation of marijuana or paraphernalia relating to the administration of marijuana to alleviate the symptoms or effects of a qualifying patient’ s debilitating medical condition. For the purposes of “medical use”, the term distribution is limited to the transfer of marijuana and paraphernalia from the primary caregiver to the qualifying patient.
“Physician” means a person who is licensed under chapters 453 and 460, and is licensed with authority to prescribe drugs and is registered under section 329-32. “Physician” does not include physician’s assistant as described in section 453-5.3.
“Primary caregiver” means a person, other than the qualifying patient and the qualifying patient’s physician, who is eighteen years-of-age or older who has agreed to undertake responsibility for managing the well-being of the qualifying patient with respect to the medical use of marijuana. 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 patient” means a person who has been diagnosed by a physician as having a debilitating medical condition.
“Usable marijuana” means the dried leaves and flowers of the plant Cannabis family Moraceae, and any mixture of preparation thereof, that are appropriate for the medical use of marijuana. “Usable marijuana” 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, stating that in the physician’s professional opinion, the qualifying patient has a debilitating medical condition and the potential benefits of the medical use of marijuana would likely outweigh the health risks for the qualifying patient. The department of public safety may require, through its rulemaking authority, that all written certifications comply with a designated form. “Written certifications” are valid for only one year from the time of signing.
[§329-122]. Medical use of marijuana; conditions of use
(a) Notwithstanding any law to the contrary, the medical use of marijuana by a qualifying patient shall be permitted only
if:
(1) The qualifying patient has been diagnosed by a physician as having a debilitating medical condition;
(2) The qualifying patient’s physician has certified in that, in the physician’s professional opinion the potential benefits of the medical use of marijuana would likely outweigh the health risks for the particular qualifying patient; and
(3) The amount of marijuana 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 has explained the
potential risks and benefits of the medical use of marijuana 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 the medical use of marijuana;
(B) Serve as the qualifying patient’s primary
caregiver; and
(C) Control the acquisition of the marijuana, the
dosage, and the frequency of the medical use of marijuana
by the qualifying patient.
(c) The authorization for the medical use of marijuana in this
section shall not apply to:
(1) The medical use of marijuana that endangers the
health or well-being of another person;
(2) The medical use of marijuana:
(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) Other place open to the public; and primary caregiver for purposes other than medical use permitted by this chapter.
[§329-123]. Registration requirements
(a) Physicians who issue written certification shall register the names, addresses, patient identification numbers, and other identifying information of the patients issued written certifications with the department of public safety.
(b) Qualifying patients shall register with the department of public safety. Such registration shall be effective until the expiration of the certificate issued by the physician. Every qualifying patient shall provide sufficient identifying information to establish personal identity of the qualifying patient and the primary caregiver. Qualifying patients shall report changes in information within five working days. Every qualifying patient shall have only one primary caregiver at any given time. The department shall then issue to the qualifying patient a registration certificate, and may charge a reasonable fee not to exceed $25.
(c) Primary caregivers shall register with the department of public safety. Every primary caregiver shall be responsible for the care of only one qualifying patient at any given time.
(d) Upon an inquiry by a law enforcement agency, the department of public safety shall verify whether the particular qualifying patient has registered with the department and may provide reasonable access to the registry information for official law enforcement purposes.
[§329-124]. Insurance not applicable
This part shall not be construed to require insurance coverage for the medical use of marijuana.
[§329-125]. Protections afforded to a qualifying patient or primary caregiver
(a) A qualifying patient or the primary caregiver may assert the medical use of marijuana as an affirmative defense to any prosecution involving marijuana under this chapter or chapter 712; provided that the qualifying patient or the primary caregiver strictly complied with the requirements of this part.
(b) Any qualifying patient or primary caregiver not complying with the permitted scope of the medical use of marijuana shall not be afforded the protections against searches and seizures pertaining to the misapplication of the medical use of marijuana.?(c) No person shall be subject to arrest or prosecution for simply being in the presence or vicinity of the medical use of marijuana as permitted under this part.
[§329-126]. Protections afforded to a treating physician
No physician shall be subject to arrest or prosecution, penalized in any manner or denied any right or privilege for providing written certification for the medical use of marijuana for a qualifying patient; provided that:
(1) The physician has diagnosed the patient as having a
debilitating medical condition, as defined in section 329-121;
(2) The physician has explained the potential risks and
benefits of the medical use of marijuana, as required under
section 329-122;
(3) The written certification is based upon the
physician’s professional opinion after having completed a full
assessment of the patient’s medical history and current medical
condition made in the course of a bona fide physician-patient
relationship; and
(4) The physician has complied with the registration
requirements of section 329-123.
[§329-127]. Protection of marijuana and other seized property
Marijuana, paraphernalia, or other property seized from a qualifying patient or primary caregiver in connection with a claimed medical use of marijuana under this part shall be returned immediately upon the determination by a court that the qualifying patient or primary caregiver is entitled to the protections of this part, as evidenced by a decision not to prosecute, dismissal of charges, or an acquittal; provided that law enforcement agencies seizing live plants as evidence shall not be responsible for the care and maintenance of such plants.
[§329-128]. Fraudulent misrepresentation; penalty
(a) Notwithstanding any law to the contrary, fraudulent misrepresentation to a law enforcement official of any fact or circumstance relating to the medical use of marijuana to avoid arrest or prosecution under this part or c1apter 712 shall be a petty misdemeanor and subject to a fine of $500.
(b) Notwithstanding any law to the contrary, fraudulent misrepresentation to a law enforcement official of any fact or circumstance relating to the issuance of a written certificate by a physician not covered under section 329-126 for the medical use of marijuana shall be a misdemeanor. This penalty shall be in addition to any other penalties that may apply for the nonmedical use of marijuana. Nothing in this section is intended to preclude the conviction of any person under section 710-1060 or for any other offense under part V of chapter 710.
 
CHAPTER 453. MEDICINE AND SURGERY
PART I. GENERALLY
§ 453-8. Revocation, limitation, suspension, or denial of licenses
(a) In addition to any other actions authorized by law, any license to practice medicine and surgery may be revoked, limited, or suspended by the board at any time in a proceeding before the board, or may be denied, for any cause authorized by law, including but not limited to the following:
****
(13) Violation of chapter 329, the uniform controlled substances act, or any rule adopted thereunder except as provided in section 329-122;
****
§ 712-1240.1. Defense to promoting
* * * * (2) It is an affirmative defense to prosecution for any marijuana-related offense defined in this part that the person who possessed or distributed the marijuana was authorized to possess or distribute the marijuana for medical purposes pursuant to part IX of chapter 329.
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Hawaii Medical Marijuana Qualification
Who Qualifies for Medicinal Marijuana in Hawaii
On June 14, 2000, Governor Ben Cayetano signed Senate Bill 862, which established the Hawaii Medical Marijuana Act to remove state-level criminal penalties on the use, possession and cultivation of medical marijuana (also referred to as medical weed, medical pot or medical cannabis) by patients who possess a written certification/medical marijuana recommendation from their physician. Qualifying patients must register with the Narcotics Enforcement Division (NED). Patients or their caregivers may possess up to 3 ounces of usable marijuana, and may cultivate up to seven marijuana plants, three of which may be mature.
Read the full text of the Hawaii Medical Marijuana Act here.
HOW TO BECOME A MEDICAL MARIJUANA PATIENT IN HAWAII
1. Must be a Hawaii Resident with a valid Hawaii I.D. as proof of residency. If you do not have a Hawaii I.D. an out of state I.D., passport, or other photo I.D. with proof of residency such as bank statement, utility bill, etc. is acceptable.
2. Obtain legitimate medical records or documentation from your primary care physician describing their diagnosis. Learn how to request your medical records.
3. Bring your medical records with you to your marijuana evaluation appointment and have your physician request and fill out a written certification form from the Narcotics Enforcement Division of the Department of Public Safety. Find a medical marijuana doctor in Hawaii here.
4. Obtain a registration certificate aka medical marijuana card from the Narcotic Enforcement Division. Learn how.
WHAT AILMENTS CAN BE TREATED WITH MEDICAL CANNABIS IN HAWAII?
• Cancer, Glaucoma, HIV/AIDS, or the treatment of these conditions;
• A chronic or debilitating disease or medical condition or its treatment that produces one or more of the following:
? Cachexia or wasting syndrome;
? Severe pain;
? Severe nausea;
? Seizures, including those characteristic of epilepsy; or
? Severe and persistent muscle spasms, including those characteristic of multiple sclerosis or Crohn's disease; or
• Any other medical condition approved by the department of health pursuant to administrative rules in response to a request from a physician or potentially qualifying patient.
MEDICAL MARIJUANA ACCESS
Some medical marijuana patients will claim they have a doctor's prescription for medical marijuana, but marijuana prescriptions are in fact illegal. The federal government classifies marijuana as a schedule I drug. Therefore doctors are unable to prescribe marijuana to their patients, and medical marijuana patients cannot go to a pharmacy to fill a prescription for medical marijuana. Instead, medical marijuana physicians will supply patients with a medical marijuana recommendation in compliance with state law.
According to Hawaii medical marijuana law, patients and their caregivers may possess seven plants, three of which may be mature, and one ounce per mature plant. The state of Hawaii does not currently provide for a legal means of purchasing marijuana.
HOW TO CONTACT THE NARCOTICS ENFORCEMENT DIVISION
Mailing Address:
Narcotics Enforcement Division
3375 Koapaka Street, Suite D-100?Honolulu, Hawaii 96819?Phone:
808-837-8470?Fax:
808-837-8474


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Hawaii Medical Marijuana
Hawaii Medical Marijuana Laws, Hawaii Medical Marijuana Qualifications and General Hawaii Marijuana Information
The State of Hawaii has a legalized medical marijuana program, which allows legal medical marijuana patients to receive a marijuana recommendation from a certified physician, apply for a State-issued Hawaii Medical Marijuana ID Card, and grow and/or purchase marijuana for medicinal use per state guidelines. We have compiled the following index of medical marijuana information in Hawaii to serve as a legal library to our users for legal reference of Hawaii's laws and guidelines regarding Medical Cannabis.
Please note that in order to become a legal medical marijuana patient you must first have a qualifying condition as outlined by the department of health services and/or department of justice. For a comprehensive list of Hawaii's medical marijuana qualifying conditions you can visit our qualifying conditions section located on the top of our menu under "legal states".
Since the Hawaii medical marijuana program is still changing their laws and new Hawaii medical marijuana laws are being enacted on a monthly basis, please be sure to visit our site frequently to get the most updated laws as it pertains to the Hawaii medical marijuana program.
Please click a corresponding link to find out more about your Hawaii's Medical Marijuana Program.
HAWAII QUALIFICATION
Find out Who Qualifies for Marijuana in Hawaii in our definitive guide of Hawaii's qualification guidelines. Read up on medical conditions that are covered under Hawaii's medical marijuana program, age restrictions, criminal conviction restrictions, and more.
HAWAII MEDICAL MARIJUANA LAWS
Read Hawaii's Full Medical Marijuana Laws to gain full specific knowledge of Hawaii's exact legal guidelines without interpretation. We suggest that you print Hawaii's Full Medicinal Marijuana Laws for use with our MyDoc program in order to provide your physician full insight into Hawaii's laws for his knowledge.
HAWAII MEDICAL MARIJUANA CARD
Find out how to obtain a{n} Hawaii Medical Marijuana Card with our guide to Hawaii's state medicinal marijuana ID program. Some states require that you obtain your card prior to obtaining your medicine, so read here first to ensure that you know Hawaii's requirements.

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Dr. Sanjay Gupta on MMJ
 

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