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
- Wikipedia: Cannabis in Hawaii https://en.wikipedia.org/wiki/Cannabis_in_Hawaii
References
- [1] "Despite pushback to legalize weed in Hawaii, those in favor argue it's already here," Hawaii News Now. https://www.hawaiinewsnow.com/video/2023/08/30/despite-pushback-legalize-weed-hawaii-those-favor-argue-its-already-here/
- [2] "Office of Medical Cannabis Control and Regulation," Hawaii State Department of Health. https://health.hawaii.gov/medicalcannabis/
- [3] "Hawaii State Department of Health," Hawaii State Department of Health. https://health.hawaii.gov/
- [4] https://health.hawaii.gov/news/files/2013/05/16-080-DOH-Contracts-with-BioTrackTHC-for-Seed-to-Sale-Tracking-System.pdf
- [5] "OMCCR Events Calendar," Hawaii State Department of Health. https://health.hawaii.gov/medicalcannabis/
- [6] "Cannabis Tax Report," Hawaii State Department of Health. https://health.hawaii.gov/medicalcannabis/files/2022/08/CANNABIS-TAX-PIG-REPORT-FINAL.pdf
- [7] "Hemp Program," Hawaii Department of Agriculture. https://hdoa.hawaii.gov/hemp/
- [8] "Hawaii Secretary of State," Hawaii Secretary of State. https://cca.hawaii.gov/breg/
- [9] "Medical Cannabis," Hawaii State Department of Health. https://health.hawaii.gov/medicalcannabis/
- [10] "This Hawaiian Cannabis Company's CEO Talks Inter-Island Commerce," Forbes. https://www.forbes.com/sites/lindseybartlett/2023/10/25/this-hawaiian-cannabis-companys-ceo-talks-inter-island-commerce/
- [11] "Hawaii Cannabis Laws," Vida Optima. https://vidaoptimacbd.com/blogs/cannabis-encyclopedia/hawaii-cannabis-laws
- [12] "Medical Cannabis," Hawaii State Legislature. https://www.capitol.hawaii.gov/hrsarchive/hrs2005/Vol06_Ch0321-0344/HRS0329/HRS_0329-0121.HTM
- [14] "This Hawaiian Cannabis Company's CEO Talks Inter-Island Commerce," Forbes. https://www.forbes.com/sites/lindseybartlett/2023/10/25/this-hawaiian-cannabis-companys-ceo-talks-inter-island-commerce/?sh=41cd226d32d9
- [15] "HB2600," Hawaii State Legislature. https://www.capitol.hawaii.gov/session2024/bills/HB2600_.pdf
- [16] "Hawaii Cannabis Licensing Application Solutions," Cannabis Industry Lawyer. https://www.cannabisindustrylawyer.com/hawaii-cannabis-licensing-application-solutions/
- [17] "Hawaii Cannabis Regulations, License Applications, Forms, Links, and Other Resources," Viridian Sciences. https://www.viridiansciences.com/blog/hawaii-cannabis-regulations-license-applications-forms-links-and-other-resources
- [18] "Debilitating Medical Conditions," Hawaii State Department of Health. https://health.hawaii.gov/medicalcannabisregistry/providers/debilitating-medical-conditions/
- [19] "Qualifying Conditions for Medical Card in Hawaii," Hawaii State Department of Health. https://health.hawaii.gov/medicalcannabisregistry/application-information/
- [20] "Caregivers in Hawaii," Hawaii State Legislature. https://www.capitol.hawaii.gov/hrscurrent/Vol06_Ch0321-0344/HRS0329/HRS_0329-0123.HTM