reglab/housing_qa huggingface dataset:
HI Rev Stat § 329-125 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|329. Uniform Controlled Substances Act|329-125 Protections afforded to a qualifying patient, primary caregiver, qualifying out-of-state patient, or caregiver of a qualifying out-of-state patient.

  §329-125 Protections afforded to a qualifying patient, primary caregiver, qualifying out-of-state patient, or caregiver of a qualifying out-of-state patient. (a) A qualifying patient, primary caregiver, qualifying out-of-state patient, or caregiver of a qualifying out-of-state patient may assert the medical use of cannabis authorized under this part as an affirmative defense to any prosecution involving marijuana under this part, part IV, or part IV of chapter 712; provided that the qualifying patient, primary caregiver, qualifying out-of-state patient, or caregiver of a qualifying out-of-state patient strictly complied with the requirements of this part.  (b) Any qualifying patient, primary caregiver, qualifying out-of-state patient, or caregiver of a qualifying out-of-state patient not complying with the permitted scope of the medical use of cannabis shall not be afforded the protections against searches and seizures pertaining to the misapplication of the medical use of cannabis.  (c) No person shall be subject to arrest or prosecution for simply being in the presence or vicinity of the medical use of cannabis as permitted under this part. [L 2000, c 228, pt of §2; am L 2016, c 230, §10; am L 2017, c 170, §2; am L 2018, c 18, §20 and c 116, §7] Case Notes  Rule of lenity required the construction, under the specific facts of the case, of § §329-121 and 329-122 and this section against the government, as there was an irreconcilable inconsistency between the authorized transportation of medical marijuana under §329-121, and the prohibition on transport of medical marijuana through "any ... place open to the public" under [ §329-122(c)(2)(E)]; thus, under §701-115(2)(b), petitioner was entitled to an acquittal because petitioner's evidence, when considered in light of any contrary prosecution evidence proved by a preponderance of the evidence the specified fact or facts with negatived penal liability. 129 H. 397, 301 P.3d 607 (2013).
HI Rev Stat § 329-125.5 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|329. Uniform Controlled Substances Act|329-125.5 Medical cannabis patient and caregiver protections.

  §329-125.5 Medical cannabis patient and caregiver protections. (a) No school shall refuse to enroll or otherwise penalize, and no landlord shall refuse to lease property to or otherwise penalize, a person solely for the person's status as a qualifying patient or primary caregiver in the medical cannabis program under this part, unless failing to do so would cause the school or landlord to lose a monetary or licensing-related benefit under federal law or regulation; provided that the qualifying patient or primary caregiver strictly complied with the requirements of this part; provided further that the qualifying patient or primary caregiver shall present a medical cannabis registry card or certificate and photo identification, to ensure that the qualifying patient or primary caregiver is validly registered with the department of health pursuant to section 329-123.  (b) For the purposes of medical care, including organ transplants, a registered qualifying patient's use of cannabis in compliance with this part shall be considered the equivalent of the use of any other medication under the direction of a physician and shall not constitute the use of an illicit substance or otherwise disqualify a registered qualifying patient from medical care.  (c) No qualifying patient or primary caregiver under this part shall be denied custody of, visitation with, or parenting time with a minor, and there shall be no presumption of neglect or child endangerment, for conduct allowed under this part; provided that this subsection shall not apply if the qualifying patient's or primary caregiver's conduct created a danger to the safety of the minor, as established by a preponderance of the evidence.  (d) This section shall apply to qualifying patients, primary caregivers, qualifying out-of-state patients, and caregivers of qualifying out-of-state patients who are validly registered with the department of health pursuant to this part and the administrative rules of the department of health. [L 2015, c 242, §2; am L 2017, c 170, §2; am L 2018, c 116, §8] Revision Note  In subsection (b), "marijuana" changed to "cannabis" to conform to L 2017, c 170, pursuant to §23G-15.
HI Rev Stat § 329-125.6 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|329. Uniform Controlled Substances Act|329-125.6 Protections afforded to an owner or qualified employee of a licensed medical cannabis dispensary.

  §329-125.6 Protections afforded to an owner or qualified employee of a licensed medical cannabis dispensary. (a) An owner or employee of a medical cannabis dispensary that is licensed under chapter 329D may assert the production or distribution of medical cannabis as an affirmative defense to any prosecution involving marijuana under this part, part IV, chapter 329D, or part IV of chapter 712; provided that the owner or employee strictly complied with the requirements of chapter 329D and any administrative rules adopted thereunder.  (b) An owner or employee of a licensed medical cannabis dispensary not strictly complying with the requirements of chapter 329D, and any administrative rules adopted thereunder, shall not be afforded the protections provided by subsection (a). [L 2015, c 241, pt of §5; am L 2016, c 230, §11; am L 2017, c 170, §2; am L 2018, c 18, §21]
HI Rev Stat § 329-126 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|329. Uniform Controlled Substances Act|329-126 Protections afforded to a treating physician or advanced practice registered nurse.

  §329-126 Protections afforded to a treating physician or advanced practice registered nurse. (a) No physician or advanced practice registered nurse 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 cannabis for a qualifying patient; provided that:  (1) The physician or advanced practice registered nurse has diagnosed the patient as having a debilitating medical condition, as defined in section 329-121;  (2) The physician or advanced practice registered nurse has explained the potential risks and benefits of the medical use of cannabis, as required under section 329-122;  (3) The written certification is based upon the physician's or advanced practice registered nurse'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 or bona fide advanced practice registered nurse-patient relationship, as applicable; and  (4) The physician or advanced practice registered nurse has complied with the registration requirements of section 329-123.  (b) For purposes of this section, a bona fide physician-patient relationship may be established via telehealth, as defined in section 453-1.3(j), and a bona fide advanced practice registered nurse-patient relationship may be established via telehealth, as defined in section 457-2; provided that treatment recommendations that include certifying a patient for the medical use of cannabis via telehealth shall be allowed only after an initial in-person consultation between the certifying physician or advanced practice registered nurse and the patient. [L 2000, c 228, pt of §2; am L 2016, c 230, §12; am L 2017, c 170, §2; am L 2018, c 116, §24]
HI Rev Stat § 329-127 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|329. Uniform Controlled Substances Act|329-127 Protection of cannabis and other seized property.

  §329-127 Protection of cannabis and other seized property. (a) Cannabis, paraphernalia, or other property seized from a qualifying patient or primary caregiver in connection with a claimed medical use of cannabis 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.  (b) This section shall also apply to qualifying out-of-state patients and caregivers of qualifying out-of-state patients who are validly registered with the department of health pursuant to this part and the administrative rules of the department of health; provided that notwithstanding subsection (a) to the contrary, under no circumstances shall cannabis, paraphernalia, or other property be returned to any location outside of the island from which it was seized. [L 2000, c 228, pt of §2; am L 2017, c 170, §2; am L 2018, c 116, §9] Revision Note  "Marijuana" changed to "cannabis" to conform to L 2017, c 170, pursuant to §23G-15.
HI Rev Stat § 329-128 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|329. Uniform Controlled Substances Act|329-128 Fraudulent misrepresentation; penalty.

  §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 cannabis to avoid arrest or prosecution under this part or chapter 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 or advanced practice registered nurse not covered under section 329-126 for the medical use of cannabis shall be a misdemeanor. This penalty shall be in addition to any other penalties that may apply for the non-medical use of cannabis.  (c) Notwithstanding any law to the contrary, fraudulent misrepresentation to the department of an entitlement to use cannabis for medical purposes in another state, a United States territory, or the District of Columbia for the purpose of registering as a qualifying out-of-state patient or caregiver of a qualifying out-of-state patient shall be a misdemeanor. This penalty shall be in addition to any other penalties that may apply for the non-medical use of cannabis.  (d) 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 or any other offense. [L 2000, c 228, pt of §2; am L 2016, c 230, §13; am L 2017, c 170, §2; am L 2018, c 116, §10]
HI Rev Stat § 329-129 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|329. Uniform Controlled Substances Act|329-129 Prohibited acts; flammable solvents.

  §329-129 Prohibited acts; flammable solvents. (a) No qualifying patient, primary caregiver, qualifying out-of-state patient, or caregiver of a qualifying out-of-state patient shall use butane to extract tetrahydrocannabinol from cannabis plants.  (b) Any person who violates this section shall be guilty of a class C felony. [L 2015, c 241, pt of §5; am L 2018, c 116, §11] Revision Note  In subsection (a), "marijuana" changed to "cannabis" to conform to L 2017, c 170, pursuant to §23G-15.
HI Rev Stat § 329-130 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|329. Uniform Controlled Substances Act|329-130 Authorized sources of medical cannabis.

  §329-130 Authorized sources of medical cannabis. (a) After December 31, 2023, a qualifying patient shall obtain medical cannabis or manufactured cannabis products only:  (1) From a dispensary licensed pursuant to chapter 329D; provided that the cannabis shall be purchased and paid for at the time of purchase; or  (2) By cultivating cannabis in an amount that does not exceed an adequate supply for the qualifying patient, pursuant to section 329-122; provided that each location used to cultivate cannabis shall be used by no more than five qualifying patients. After December 31, 2023, no primary caregiver shall be authorized to cultivate cannabis for any qualifying patient.  (b) This section shall not apply to:  (1) A qualifying patient who is a minor or an adult lacking legal capacity and the primary caregiver is the parent, guardian, or person having legal custody of a qualifying patient described in this paragraph; or  (2) A qualifying patient on any island on which there is no medical cannabis dispensary licensed pursuant to chapter 329D.  (c) A qualifying out-of-state patient and a caregiver of a qualifying out-of-state patient shall be authorized to obtain cannabis for medical use only from retail dispensing locations of dispensaries licensed pursuant to chapter 329D. [L 2015, c 241, pt of §5; am L 2017, c 41, §4 and c 170, §2; am L 2018, c 116, §12] Revision Note  In subsection (a), "marijuana" changed to "cannabis" to conform to L 2017, c 170, pursuant to §23G-15.
HI Rev Stat § 329-131 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|329. Uniform Controlled Substances Act|329-131 Prescription and pharmacy requirements not applicable.

  §329-131 Prescription and pharmacy requirements not applicable. Notwithstanding any other law to the contrary, the prescription requirements of section 329-38 and the board of pharmacy licensure or regulatory requirements under chapter 461 shall not apply to the medical use of cannabis under this part. [L 2015, c 241, pt of §5; am L 2017, c 170, §2]
HI Rev Stat § 329B-1 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|329B. Substance Abuse Testing|329B-1 Purpose.

  §329B-1 Purpose. The purpose of this chapter is to ensure that appropriate and uniform substance abuse test procedures are employed throughout the State, to protect the privacy rights of persons tested, and to achieve reliable and accurate results. [L 1990, c 236, pt of §1]
HI Rev Stat § 329B-2 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|329B. Substance Abuse Testing|329B-2 Definitions.

 §329B-2 Definitions. As used in this [chapter]:  "Confirmatory test" means a drug or alcohol test that uses a method of analysis determined by the director of health to be reliable in establishing the identity and quantity of alcohol, drugs, or metabolites of drugs detected in an initial screening test.  "Department" means the department of health.  "Director" means the director of health.  "Drug" means a controlled substance as defined in chapter 329.  "Medical review officer" means an individual who has knowledge of substance abuse disorders and toxicology as determined by the department, and is appointed by the third party to receive, review, and interpret the results of laboratory tests requested by the third party. The department may specify through rules the qualifications of a medical review officer, and any additional responsibilities that may be required to carry out this chapter.  "Positive test result" means a finding through confirmatory testing of the presence of drugs, alcohol, or the metabolites of drugs in the sample tested in the levels at or above the cutoff levels established by the director.  "Substance abuse on-site screening test" means a portable substance abuse test that meets the requirements of the United States Food and Drug Administration for commercial distribution or is manufactured by a facility that is minimally certified as meeting the ISO 13485 standard established by the International Organization for Standardization and which may be used by an employer in the workplace.  "Substance abuse test" means any testing procedure designed to take and analyze body fluids or materials from the body for the purpose of measuring the amount of drugs, alcohol, or the metabolites of drugs in the sample tested.  "Third party" means any person, agency, employer or any other entity who requests substance abuse testing of another person or persons. Unless otherwise specified, the "third party" shall include the party's designated staff. [L 1990, c 236, pt of §1; am L 1992, c 201, §2; am L 1993, c 158, §2; am L 1999, c 206, §2; am L 2007, c 179, §1]
HI Rev Stat § 329B-3 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|329B. Substance Abuse Testing|329B-3 Limitations.

  §329B-3 Limitations. No third party shall require, request, or suggest that any individual submit to a substance abuse test that does not meet all the requirements of this chapter except for third parties who are covered by a drug testing regulation adopted by the department of transportation or the United States Department of Transportation or any other federal agencies. All costs, including confirmatory testing costs, shall be paid for by the third party. Nothing in this chapter shall be construed to preclude the department or any laboratory certifying agency approved by the director from examining the records of laboratories, including substance abuse on-site screening locations, licensed for substance abuse testing to ascertain compliance with licensure or certification requirements, or to preclude the administration of breath tests to determine the alcohol content of the tested individual's blood for purposes of this chapter. [L 1990, c 236, pt of §1; am L 1999, c 206, §3]
HI Rev Stat § 329B-4 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|329B. Substance Abuse Testing|329B-4 Laboratory requirements.

 §329B-4 Laboratory requirements. (a) All substance abuse testing performed in the State shall be performed by a testing laboratory licensed by the department for that purpose, or certified for substance abuse testing by the Substance Abuse and Mental Health Services Administration of the United States Department of Health and Human Services, and approved by the director, except as provided in section 329B-5.5.  (b) Testing of samples from this State performed in another state shall be performed only by laboratories certified for substance abuse testing by the Substance Abuse and Mental Health Services Administration of the United States Department of Health and Human Services, and approved by the director. No laboratory located outside of the State shall be licensed by the department to perform substance abuse testing.  (c) The director shall adopt rules governing:  (1) Standards for approval and licensure of qualified testing laboratories, and suspension and revocation of a license;  (2) Qualifications of laboratory personnel;  (3) Body component samples that are appropriate for substance abuse testing;  (4) Selection of medical review officers determined to be qualified by the department, and procedures to be followed by medical review officers in the reception, review, and interpretation of the results of laboratory tests requested by a third party;  (5) Procedures for taking samples that ensure privacy to the individuals tested and prevent or detect tampering with the sample;  (6) Methods of analysis and procedures to ensure reliable testing results, including standards for initial screening and confirmatory tests; provided that confirmatory tests for drugs or metabolites of drugs shall utilize a gas chromatograph with a mass spectrometer detector or other reliable methods approved by the director;  (7) Cutoff levels of alcohol, drugs, or the metabolites of drugs;  (8) Chain of custody procedures to ensure proper identification, labeling, and handling of the samples to be tested;  (9) Retention and storage procedures and durations to ensure availability of samples for retesting when necessary;  (10) Establishing fees for licensing of laboratories;  (11) Retention of substance abuse test information by the laboratory; and  (12) Procedures to ensure confidentiality of the substance abuse testing procedures and substance abuse test information.  (d) No laboratory shall be licensed to perform substance abuse testing in the State unless the laboratory participates in and continues to demonstrate satisfactory performance in drug proficiency testing as determined by the director. [L 1990, c 236, pt of §1; am L 1993, c 139, §1 and c 158, §3; am L 1999, c 206, §4] Revision Note  Subsections redesignated.
HI Rev Stat § 329B-5 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|329B. Substance Abuse Testing|329B-5 Substance abuse testing procedures and interpretation of test results.

  §329B-5 Substance abuse testing procedures and interpretation of test results. (a) Prior to the collection of any sample for substance abuse testing, the individual to be tested shall receive a written statement of the specific substances to be tested for and a statement that over-the-counter medications or prescribed drugs may result in a positive test result.  (b) In accordance with this section, the director shall adopt rules pertaining to:  (1) The qualifications, responsibilities, and licensing of the medical review officer;   (2) The method of transmittal of laboratory test results and any interpretations of test results to the third party and the tested individual; and   (3) The obtaining, disclosure, and confidentiality of substance abuse testing information.  (c) No laboratory, including a substance abuse on-site screening location, may test for any substance not included on the written statement containing the specific substances to be tested for.  (d) As used in this section, "test results" means laboratory test results or the results of substance abuse on-site screening tests. [L 1990, c 236, pt of §1; am L 1999, c 206, §5; am L 2001, c 53, §1]
HI Rev Stat § 329B-6 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|329B. Substance Abuse Testing|329B-6 Test results.

  §329B-6 Test results. (a) The laboratory report shall include the following information and shall be reported in a timely manner:  (1) The type of test conducted;  (2) The test results, which, for each substance tested can be negative due to a negative screening or confirmatory test result, positive due to a positive confirmatory test result, or no result due to an unsatisfactory sample or other reason;  (3) The cutoff level used to distinguish positive and negative samples on both the initial and confirmatory tests;  (4) The name and address of the laboratory; and  (5) Any additional information provided by the laboratory concerning the individual's test.  (b) The indication of a substance below the cutoff level as established by the director shall be recorded as a negative test result. The laboratory's report shall not contain any information indicating the possible presence of a substance below a cut-off level, as so established.  (c) Any information concerning a substance abuse test pursuant to this chapter shall be strictly confidential. Such information shall not be released to anyone without the informed written consent of the individual tested and shall not be released or made public upon subpoena or any other method of discovery, except that information related to a positive test result of an individual shall be disclosed to the individual, the third party, or the decision maker in a lawsuit, grievance, or other proceeding initiated by or on behalf of the individual tested and arising from positive confirmatory test result. Any person who receives or comes into possession of any information protected under this chapter shall be subject to the same obligation of confidentiality as the party from whom the information was received.  (d) Failure to adopt or adhere to all the procedures contained in this chapter shall invalidate the test result and the result may not be reported or otherwise used for any purpose. [L 1990, c 236, pt of §1]