Hawaii

Regulatory Framework

The Office of Medical Cannabis Control and Regulation (OMCCR) within the Hawaii State Department of Health oversees the Medical Cannabis Program. The Hawaii State Department of Health (DOH) houses the OMCCR and manages the overall framework for the medical cannabis program [2][3].

Legal Status

Market Status Act/Law Year
Adult-Use Illegal - -
Medical Legal Hawaii Compassionate Care Act (Act 215) [9] 2000
Homegrow Legal Hawaii Compassionate Care Act (Act 215) [9] 2000

Medical cannabis was legalized in Hawaii in 2000 under the Hawaii Compassionate Care Act (Act 215) [9]. Recreational cannabis remains illegal; however, there are ongoing legislative efforts to legalize it, such as SB 669, which passed the state Senate in March 2023 and is currently under consideration in the House of Representatives [10].

Track-and-Trace

Hawaii Department of Health contracts with BioTrackTHC for their seed-to-sale compliance system. [4]

Licensing

License Type Description
Production Facility License Allows for the establishment of up to 2 production facilities [16] [17]
Dispensary License Permits the operation of up to 2 dispensary locations [16] [17]

Possession Limits

Item Possession Limit
Processed Cannabis Up to 1 ounce of usable cannabis per mature plant [12]
Mature Plants Up to 3 mature plants [12]
Immature Plants Up to 4 immature plants [12]

Patients with a registry identification card and their caregivers are allowed to collectively possess up to three mature cannabis plants, four immature cannabis plants, and one ounce of usable cannabis per mature plant [12].

Medical Cannabis

The qualifying conditions for medical cannabis include: [18]

  • cancer,
  • HIV/AIDS,
  • glaucoma,
  • PTSD,
  • rheumatoid arthritis,
  • lupus,
  • epilepsy,
  • multiple sclerosis,
  • conditions causing severe pain,
  • cachexia or wasting,
  • severe nausea,
  • seizures,
  • severe and persistent muscle spasms.

The health department can approve additional conditions. Minor patients qualify only with parental consent and if the adult controls the dosage, frequency of use, and acquisition of Cannabis.

Registered Patient Requirements

To obtain a 329 card, patients must be certified for medicinal cannabis by a licensed medical Cannabis doctor and register with the Hawaii Medical Cannabis Program through the web portal. Minors must have a parent or legal guardian submit the application and provide a birth certificate as part of the process [19].

Registered Caregiver Requirements

Caregivers must be aged 18 or older, live in Hawaii, consent to be responsible for the well-being of a qualified medical cannabis patient, and currently not be responsible for any other patient under the medical cannabis patient registry program. If the patient is under 18 or lacks legal capacity, the caregiver must be a parent, guardian, or another person with legal custody [20].

Additional Resources

References