Hawaii

Hawaii has been medical cannabis friendly since 2000 when Senate Bill 862 passed; effetely removing state-level crime provided you have a valid medical marijuana ID card. In the state of Hawaii medical marijuana dispensaries, of which 8 licenses were given, are allowed to each open 2 production facilities and two retail facilities, bringing the total number of cannabis business in HI to 32. Cardholders in HI are allowed to cultivate up to 7 plants at home.

At a Glance

Legislation & Important Dates

Legalization & Important Dates

• Bill 862 – removing state-level criminal penalties on the use, possession and cultivation of marijuana, by patients who possess a signed statement from their physicians, affirming that he or she is diagnosed with a debilitating condition, and the “potential benefits of medical use of marijuana would likely outweigh the health risks.”
• June 25, 2013, House Bill 668 was amended, establishing a medical marijuana registry fund to pay for the program.
• June 14, 2000, Hawaii Governor Ben Cayetano, signed Senate Bill 862 (effective December 28, 2000), removing state-level criminal penalties on the use, possession and cultivation of marijuana, by patients who possess a signed statement from their physicians, affirming that he or she is diagnosed with a debilitating condition, and the “potential benefits of medical use of marijuana would likely outweigh the health risks.”
• June 25, 2013, House Bill 668 was amended, establishing a medical marijuana registry fund to pay for the program. It also transferred the program from the Department of Public Safety to the Department of Public Health, by no later than January 01, 2015.
• January 02, 2015, the Senate Bill 642 was amended, defining “adequate supply” as seven cannabis plants total, regardless of maturity. It further states that medical marijuana recommendations may only be made by the qualifying patient’s primary care physician.
• July 14, 2015, Act 241 was amended, creating and regulating, a statewide dispensary system for medical marijuana, while further adding Post Traumatic Stress Disorder (PTSD) to the official list of qualifying medical conditions.

Types of Licenses

Associated Fees

• The non-refundable application fee is $5,000.
• Renewal fee = $50,000
• An application has to indicate that the applicants have resources in the amount of $1,000,000, plus a minimum of $100,000 for each retail dispensing location the applicant would like to operate. A dispensary licensee may operate up to two retail dispensing locations. If an applicant intends to operate two retail dispensing locations, the total money an applicant must have in reserve at the time of application $1,200,000.

Qualifying Conditions

• Cancer, Glaucoma, HIV/AIDS, or the treatment of these conditions;
• Chronic Pain
• Lupus
• Rheumatoid Arthritis
• Multiple Sclerosis
• Crohn’s disease
• 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
• Post Traumatic Stress Disorder (PTSD), effective July 2015.
• Additional medical condition may be approved by the department of health pursuant to administrative rules, in response to a request from a physician or potentially qualifying patient.

How to Become A Medical Marijuana Patient

1. Hawaii law requires a qualifying patient receive a written recommendation from their primary care physician
2. To qualify, a patient needs to be diagnosed by a physician as having one of the debilitating medical conditions that is specifically identified in the law
3. The physician will request a written certification form from the Narcotics Enforcement Division of the Department of Public Safety by calling (808) 837-8470, to be completed upon your evaluation
4. 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)

Benefits of receiving your ID Card

Caregivers

Yes, primary caregiver is a person who has the responsibility for managing the well-being of the qualifying patient with respect to the medical use of marijuana. Primary caregiver is a person other than the qualifying patient, or the patient’s physician. The caregiver must be 18 years of age or older. Qualifying patients shall have only one primary caregiver an any given time. Primary caregiver shall be responsible for the care of only one qualifying patient at any given time.