Hawaii has established a legal framework for the use of medical cannabis, recognizing its benefits for patients with certain medical conditions.
This guide aims to provide a clear and straightforward overview of Hawaii's medical cannabis laws while helping patients, caregivers, and anyone interested in understanding how medical cannabis can be legally accessed and used in the state.
At Malie Cannabis Clinic, we understand that navigating medical cannabis laws can be challenging. Our goal is to provide accurate and accessible information to ensure that patients can safely and legally use medical cannabis for their health needs.
Overview of Hawaii's Medical Cannabis Laws
Understanding these key aspects will help patients and caregivers navigate the legal landscape and use medical cannabis responsibly and legally in the state.
Eligibility For Medical Cannabis in Hawaii
To use medical cannabis legally in Hawaii, a person must be a qualified patient. This means they must have a debilitating medical condition that is recognized by the state's medical cannabis program. Conditions recognized for medical cannabis use include, but are not limited to:
- Palliative care
- Cancer
- Glaucoma
- HIV/AIDS
- Post-traumatic stress disorder (PTSD)
- Rheumatoid arthritis
- Severe nausea
- Epilepsy and other seizure disorders
- Severe pain
- Severe or persistent muscle spasms, including those characteristics of multiple sclerosis or Crohn’s disease
Patients must also obtain a written certification from a licensed physician or advanced practice registered nurse (APRN) stating that the patient has a qualifying condition and may benefit from medical cannabis use.
The Application Process
To become a registered medical cannabis patient in Hawaii, individuals must go through the following steps:
1. Consultation with a Healthcare Provider: Patients need to consult with a licensed physician or APRN who can evaluate their medical condition and determine if medical cannabis is appropriate for their treatment. The healthcare provider will issue a written certification if they deem medical cannabis beneficial.
2. Online Application: Patients must complete an online application through the Hawaii Department of Health’s Medical Cannabis Registry Program. The application requires personal information, the healthcare provider's certification, and payment of the application fee.
3. Receiving the 329 Card: Once the application is approved, patients will receive a medical cannabis card, commonly referred to as a "329 Card." This card allows patients to legally purchase, possess, and use medical cannabis in Hawaii.
4. Renewal: The 329 Card is valid for one year. Patients must renew their card annually by submitting a renewal application and another certification from their healthcare provider.
Designated Caregivers
Patients who are minors or unable to administer or obtain medical cannabis on their own, may designate a caregiver. Caregivers must also apply through the Medical Cannabis Registry
Program and receive a caregiver certificate. They are allowed to assist the patient in purchasing, possessing, and administering medical cannabis.
Possession and Cultivation Limits
Hawaii law sets specific limits on the amount of medical cannabis that registered patients and caregivers can possess and cultivate:
- Possession: Patients and caregivers are allowed to possess up to four ounces (113 grams) of usable cannabis at any given time.
- Cultivation: Patients and caregivers can grow up to ten cannabis plants. The plants must be grown at a location registered with the Department of Health and must be kept in an enclosed area that is not visible to the public.
Dispensaries and Purchasing Medical Cannabis
Hawaii has a state-regulated system of medical cannabis dispensaries where registered patients and caregivers can purchase medical cannabis products. These dispensaries provide various products, such as cannabis flower, edibles, tinctures, and topical applications.
Patients must present their 329 Card and a valid ID at the dispensary to purchase medical cannabis.
Legal Protections and Restrictions
While Hawaii’s medical cannabis laws provide legal protections for registered patients and caregivers, there are important restrictions to be aware of:
- No Public Use: It is illegal to use medical cannabis in public places, including beaches, parks, and areas where smoking tobacco is prohibited. Breaking this rule may lead to fines and other legal penalties.
- Driving: Patients are not allowed to operate a vehicle under the influence of medical cannabis. This is considered driving under the influence and is subject to legal penalties.
- Interstate Transport: Transporting medical cannabis across state lines, including to and from the mainland United States, is illegal. Cannabis remains illegal under federal law, and crossing state borders with it is a federal offense.
Reciprocity for Out-of-State Patients
Hawaii offers a reciprocity program for out-of-state medical cannabis patients. This program allows visitors with a valid medical cannabis card from another state to apply for a temporary Hawaii medical cannabis card.
The temporary card permits them to purchase medical cannabis from Hawaii dispensaries during their stay. It is important for visitors to check the specific requirements and application process for obtaining this temporary card before arriving in Hawaii. Patients must adhere to Hawaii’s regulations regarding possession and use of medical cannabis while visiting.
Bottomline
Hawaii’s medical cannabis laws are designed to provide legal access to cannabis for patients with qualifying medical conditions. By following the state's regulations, patients and caregivers can safely and legally use medical cannabis to manage their health conditions.
Key aspects of the law include eligibility requirements, the application process, possession and cultivation limits, and restrictions on public use and driving.
At Malie Cannabis Clinic, we are committed to helping patients navigate these laws and access the medical cannabis they need. Our clinic offers support throughout the entire process, from obtaining a medical cannabis card to finding the right products for treatment.
We are here to ensure that our patients understand their rights and responsibilities under Hawaii’s medical cannabis laws and can use medical cannabis safely and legally. Contact us today!