reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 19. Health › 329. Uniform Controlled Substances Act › 329-23 Republishing and distribution of schedules. §329-23 Republishing and distribution of schedules.

§329-23 Republishing and distribution of schedules.
[Section effective until December 31, 2023. For section effective January 1, 2024, see below.]
(a) The department of public safety shall make available to the public on the department's website the schedules annually or more often, as may be necessary to update the schedules.
(b) The department of public safety shall publicly announce and, in addition, shall make available to the public copies of any changes to the schedules as such changes are made. L 1972, c 10, pt of §1; am L 1979, c 194, §4; am L 1990, c 281, §10; am L 2016, c 218, §5
§329-23 Republishing and distribution of schedules.
[Section effective January 1, 2024. For section effective until December 31, 2023, see above.]
(a) The department of law enforcement shall make available to the public on the department's website the schedules annually or more often, as may be necessary to update the schedules.
(b) The department of law enforcement shall publicly announce and, in addition, shall make available to the public copies of any changes to the schedules as such changes are made. [L 1972, c 10, pt of §1; am L 1979, c 194, §4; am L 1990, c 281, §10; am L 2016, c 218, §5; am L 2022, c 278, §17]
2023 Hawaii Revised Statutes › Title 19. Health › 329. Uniform Controlled Substances Act › 329-31 Rules. §329-31 Rules.

§329-31 Rules.
[Section effective until December 31, 2023. For section effective January 1, 2024, see below.]
The department of public safety may adopt rules and charge reasonable fees relating to the registration and control of the manufacture, distribution, prescribing, dispensing, or reverse distribution with controlled substances within this State. L 1972, c 10, pt of §1; am L 1990, c 281, §10; am L 2016, c 218, §6
§329-31 Rules.
[Section effective January 1, 2024. For section effective until December 31, 2023, see above.]
The department of law enforcement may adopt rules and charge reasonable fees relating to the registration and control of the manufacture, distribution, prescribing, dispensing, or reverse distribution with controlled substances within this State. [L 1972, c 10, pt of §1; am L 1990, c 281, §10; am L 2016, c 218, §6; am L 2022, c 278, §17]
2023 Hawaii Revised Statutes › Title 19. Health › 329. Uniform Controlled Substances Act › 329-31.5 Clinics.

§329-31.5 Clinics.
Registration as a clinic is required when an out-patient medical facility maintains centralized ordering, storage, and record keeping of controlled substances to be administered and/or dispensed to patients. Registration of a clinic requires that:
(1) Each location where controlled substances are stocked be registered by name, location, and designated principal practitioner or affiliated pharmacy. The principal practitioner or affiliated pharmacy shall be responsible for the accurate maintenance of records which document all controlled substances ordered, received, administered, and dispensed within the clinic;
(2) Controlled substances stocked at a clinic under the clinic State of Hawaii and Drug Enforcement Administration registration numbers be administered to clinic patients by licensed or registered health care professionals under the supervision of the treating practitioner;
(3) Controlled substances stocked at a clinic under the clinic State of Hawaii and Drug Enforcement Administration registration numbers be dispensed to clinic patients only by the treating practitioner for emergency and urgent care, when a written prescription would not be practical;
(4) A centralized record signed and dated by the treating practitioner which indicates the patient, controlled substance, date and time of administration and/or dispensing be maintained and stored with the current controlled substance inventory, ordering, and receipt records. These records shall be maintained for five years; and
(5) A clinic practitioner who individually maintains a personal stock of controlled substances does so under the practitioner's individual State and Drug Enforcement Administration registration number. These controlled substances shall be kept separate from clinic stock and cannot be accessed by other practitioners.
The term "affiliated pharmacy" as used in this section means a licensed pharmacy which supplies and monitors the controlled substances stocked in a registered clinic.
The term "clinic" as used in this section means an out-patient medical facility owned and operated by a legal entity that employs individual practitioners for the treatment of patients and which may or may not provide after-hours emergency or urgent care.
The term "principal physician" means the practitioner in a clinic whose signature appears on the clinic's State of Hawaii and Drug Enforcement Administration registrations, and who is responsible for the proper maintenance, storage, and record keeping of the controlled substances ordered and centrally stocked in the clinic using the clinic Drug Enforcement Administration registration number. [L 1991, c 159, §1; am L 1999, c 252, §3]
Case Notes
Mentioned: 732 F. Supp. 2d 1107 (2010).
2023 Hawaii Revised Statutes › Title 19. Health › 329. Uniform Controlled Substances Act › 329-36 Records of registrants. §329-36 Records of registrants.

§329-36 Records of registrants.
[Section effective until December 31, 2023. For section effective January 1, 2024, see below.]
Persons registered to manufacture, distribute, prescribe, dispense, or conduct reverse distribution with controlled substances under this chapter shall keep records and maintain inventories in conformance with the recordkeeping and inventory requirements of federal law and with any additional rules the department of public safety issues. L 1972, c 10, pt of §1; am L 1990, c 281, §10; am L 2016, c 218, §10
§329-36 Records of registrants.
[Section effective January 1, 2024. For section effective until December 31, 2023, see above.]
Persons registered to manufacture, distribute, prescribe, dispense, or conduct reverse distribution with controlled substances under this chapter shall keep records and maintain inventories in conformance with the recordkeeping and inventory requirements of federal law and with any additional rules the department of law enforcement issues. [L 1972, c 10, pt of §1; am L 1990, c 281, §10; am L 2016, c 218, §10; am L 2022, c 278, §17]
2023 Hawaii Revised Statutes › Title 19. Health › 329. Uniform Controlled Substances Act › 329-37 Filing requirements. §329-37 Filing requirements.

§329-37 Filing requirements.
[Section effective until December 31, 2023. For section effective January 1, 2024, see below.]
All persons registered to manufacture, distribute, conduct reverse distribution, or dispense controlled substances and all persons who transport, warehouse, or otherwise handle controlled substances, shall file with the department of public safety on forms and within the time and manner prescribed by the department of public safety, copies of order, receipt and distribution of schedule I and schedule II controlled substances and other controlled substances designated by the department of public safety, showing the amounts of such controlled substances ordered, received, distributed, transported, warehoused, or otherwise handled. L 1972, c 10, pt of §1; am L 1990, c 281, §10; am L 2016, c 218, §11
§329-37 Filing requirements.
[Section effective January 1, 2024. For section effective until December 31, 2023, see above.]
All persons registered to manufacture, distribute, conduct reverse distribution, or dispense controlled substances and all persons who transport, warehouse, or otherwise handle controlled substances, shall file with the department of law enforcement on forms and within the time and manner prescribed by the department of law enforcement, copies of order, receipt and distribution of schedule I and schedule II controlled substances and other controlled substances designated by the department of law enforcement, showing the amounts of such controlled substances ordered, received, distributed, transported, warehoused, or otherwise handled. [L 1972, c 10, pt of §1; am L 1990, c 281, §10; am L 2016, c 218, §11; am L 2022, c 278, §17]
2023 Hawaii Revised Statutes › Title 19. Health › 329. Uniform Controlled Substances Act › 329-39 Labels.

§329-39 Labels.
(a) Whenever a producer, manufacturer, or wholesaler of controlled substances, or a pharmacy sells or dispenses any such drug to:
(1) A producer, manufacturer, or wholesaler of controlled substances; or
(2) A pharmacy, physician, dentist, podiatrist, veterinarian, or practitioner;
the producer, manufacturer, wholesaler, or pharmacist shall securely affix to each package in which that drug is contained: a label showing in legible English the name and address of the vendor or dispenser; and the amount, quantity, kinds, and form of controlled substances contained in each package.
(b) Whenever a pharmacist sells or dispenses any controlled substance on a prescription issued by a physician, dentist, podiatrist, or veterinarian, the pharmacist shall affix to the bottle or other container in which the drug is sold or dispensed:
(1) The pharmacy's name and business address;
(2) The serial number of the prescription;
(3) The name of the patient or, if the patient is an animal, the name of the owner of the animal and the species of the animal;
(4) The name of the physician, dentist, podiatrist, or veterinarian by whom the prescription is written; and
(5) Such directions as may be stated on the prescription.
(c) No person shall alter, deface, or remove any label affixed to a package, bottle, or other container in which a drug is sold or dispensed, except for the purpose of replacing the label with the person's own lawful authorized label. [L 1931, c 152, §10; RL 1935, §1279; RL 1945, §2610; am L 1955, c 180, §1; RL 1955, §52-21; am L 1959, c 71, §3; HRS §329-14; ren L 1972, c 10, §7(1); am L 1977, c 116, §4; gen ch 1985; am L 1996, c 206, §3]
2023 Hawaii Revised Statutes › Title 19. Health › 329. Uniform Controlled Substances Act › 329-39.5 Opioid warning label.

§329-39.5 Opioid warning label.
In addition to any requirements for labeling of drugs under part I of chapter 328, part III of this chapter, and any other requirement for labeling of prescription drugs pursuant to state or federal law, a health care professional or pharmacist who dispenses any opioid drug shall include on the drug's package a warning label that contains wording substantially similar to the following warning:
"Caution: Opioid. Risk of overdose and addiction."
[L 2018, c 151, §2]
2023 Hawaii Revised Statutes › Title 19. Health › 329. Uniform Controlled Substances Act › 329-42 Prohibited acts C--penalties.

§329-42 Prohibited acts C--penalties.
(a) It is unlawful for any person knowingly or intentionally:
(1) To distribute as a registrant a controlled substance classified in schedule I or II, except pursuant to an order form as required by section 329-37;
(2) To use in the course of the manufacture, distribution, administration, or prescribing of a controlled substance a registration number that is fictitious, revoked, suspended, expired, or issued to another person;
(3) To obtain or attempt to obtain any controlled substance or procure or attempt to procure the administration of any controlled substance:
(A) By fraud, deceit, misrepresentation, embezzlement, theft;
(B) By the forgery or alteration of a prescription or of any written order;
(C) By furnishing fraudulent medical information or the concealment of a material fact;
(D) By the use of a false name, patient identification number, or the giving of false address;
(E) By the unauthorized use of a practitioner's oral call-in number;
(F) By the alteration of a prescription by the addition of future refills;
(G) By the unauthorized use of a practitioner's electronic prescription application; or
(H) By the unauthorized transmission of an electronic prescription;
(4) To furnish false or fraudulent material information in, or omit any material information from, any application, report, or other document required to be kept or filed under this chapter, or any record required to be kept by this chapter;
(5) To make, distribute, or possess any punch, die, plate, stone, or other thing designed to print, imprint, or reproduce the trademark, trade name, or other identifying mark, imprint, or device of another or any likeness of any of the foregoing upon any drug or container or labeling thereof so as to render the drug a counterfeit substance;
(6) To misapply or divert to the person's own use or other unauthorized or illegal use or to take, make away with, or secrete, with intent to misapply or divert to the person's own use or other unauthorized or illegal use, any controlled substance that shall have come into the person's possession or under the person's care as a registrant or as an employee of a registrant who is authorized to possess controlled substances or has access to controlled substances by virtue of the person's employment; or
(7) To make, distribute, possess, or sell any prescription form, whether blank, faxed, computer generated, photocopied, electronically transmitted, or reproduced in any other manner without the authorization of the licensed practitioner.
(b) Any person who violates this section is guilty of a class C felony. [L 1972, c 10, pt of §1; am L 1991, c 159, §14; am L 1997, c 280, §4; am L 2000, c 98, §6; am L 2006, c 69, §5; am L 2008, c 186, §6; am L 2013, c 20, §4]
2023 Hawaii Revised Statutes › Title 19. Health › 329. Uniform Controlled Substances Act › 329-43.6 Overdose prevention; limited immunity.

§329-43.6 Overdose prevention; limited immunity.
(a) As used in this section:
"Drug or alcohol overdose" means:
(1) A condition, including but not limited to extreme physical illness, decreased level of consciousness, respiratory depression, coma, mania, or death, that is the result of consumption or use of a controlled substance or alcohol or a substance with which the controlled substance or alcohol was combined; or
(2) A condition that a layperson would reasonably believe to be a drug or alcohol overdose that requires medical assistance.
"Seeks medical assistance" or "seeking medical assistance" includes but is not limited to reporting a drug or alcohol overdose to law enforcement, the 911 system, a poison control center, or a medical provider; assisting someone so reporting; or providing care to someone who is experiencing a drug or alcohol overdose while awaiting the arrival of medical assistance.
(b) A person or persons who, in good faith, seek medical assistance for someone who is experiencing a drug or alcohol overdose and a person experiencing a drug or alcohol overdose who seeks medical assistance for the person's self or is the subject of such a good faith request shall not be arrested, charged, prosecuted, or convicted; have their property subject to civil forfeiture; or otherwise be penalized for:
(1) Possession of a controlled substance or drug paraphernalia under this chapter or part IV of chapter 712;
(2) Committing a prohibited act under section 281-101.5 or 712-1250.5;
(3) Violation of a restraining order; or
(4) Violation of probation or parole;
if the evidence for the arrest, charge, prosecution, conviction, seizure, or penalty was gained as a result of the seeking of medical assistance.
(c) The act of seeking medical assistance for someone who is experiencing a drug or alcohol overdose shall be considered by the court as a mitigating factor in any controlled substance or alcohol-related criminal prosecution for which immunity is not provided by this section. [L 2015, c 217, §2]
2023 Hawaii Revised Statutes › Title 19. Health › 329. Uniform Controlled Substances Act › 329-44 Notice of conviction to be sent to licensing board, department of commerce and consumer affairs.

§329-44 Notice of conviction to be sent to licensing board, department of commerce and consumer affairs.
On the conviction of any physician, osteopathic physician and surgeon, dentist, podiatrist, veterinarian, practitioner, apothecary, manufacturer, wholesaler, or producer, of the wilful violation of this chapter, a copy of the sentence and of the opinion of the court or district judge, if any is filed, shall be sent by the clerk of the court, or by the judge, to the board or officer, if any, by whom the convicted defendant has been licensed to practice the convicted defendant's profession or to carry on the convicted defendant's business; and if the convicted defendant is a physician or osteopathic physician and surgeon, a copy of the sentence and of the opinion, if any, shall be sent to the department of commerce and consumer affairs. [L 1931, c 152, §16; RL 1935, §1285; RL 1945, §2616; RL 1955, §52-29; am L 1959, c 71, §3; HRS §329-22; am L 1970, c 188, §39; ren L 1972, c 10, §7(2); am L 1984, c 168, §6; am L 1985, c 197, §18; gen ch 1985]
2023 Hawaii Revised Statutes › Title 19. Health › 329. Uniform Controlled Substances Act › 329-46 Prohibited acts related to visits to more than one practitioner to obtain controlled substance prescriptions.

§329-46 Prohibited acts related to visits to more than one practitioner to obtain controlled substance prescriptions.
(a) It is unlawful for any person knowingly or intentionally to visit more than one practitioner and withhold information regarding previous practitioner visits for the purpose of obtaining one or more controlled substance prescriptions for quantities that:
(1) Exceed what any single practitioner would have prescribed or dispensed for the time period and legitimate medical purpose represented; and
(2) Would constitute an offense pursuant to part IV of chapter 712.
(b) Information communicated to a physician in an effort to unlawfully procure a controlled substance, or to unlawfully procure the administration, prescribing, or dispensing of any controlled substance shall not be deemed a privileged communication.
(c) Any person who violates this section is guilty of a crime which is of the grade and class identical to that imposed under part IV of chapter 712 for the same type and equivalent quantity of controlled substance. [L 1991, c 159, §2; am L 1999, c 252, §5]
2023 Hawaii Revised Statutes › Title 19. Health › 329. Uniform Controlled Substances Act › 329-49 Administrative penalties.

§329-49 Administrative penalties.
(a) Any person who violates this chapter or any rule adopted by the department pursuant to this chapter shall be fined not more than $10,000 for each separate offense. Any action taken to collect the penalty provided for in this subsection shall be considered a civil action and the fine shall be deposited into the state general fund.
(b) The director may impose by order the administrative penalty specified in this section, in addition to any other administrative or judicial remedy provided by this part, or by rules adopted pursuant to this chapter. Factors to be considered in imposing the administrative penalty include:
(1) The nature and history of the violation;
(2) Any prior violation; and
(3) The opportunity, difficulty, and history of corrective action.
For any judicial proceeding to recover the administrative penalty imposed, the administrator need only show that notice was given, a hearing was held or the time granted for requesting a hearing has expired without such a request, the administrative penalty was imposed, and the penalty remains unpaid. [L 2008, c 186, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 329. Uniform Controlled Substances Act › 329-50 Injunctive relief.

§329-50 Injunctive relief.
The administrator may institute a civil action in any court of competent jurisdiction for injunctive relief to prevent any violation of this chapter or any rule adopted to implement this chapter. The court shall have powers to grant relief in accordance with the Hawaii rules of civil procedure. [L 2008, c 186, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 329. Uniform Controlled Substances Act › 329-51 Powers of enforcement personnel. §329-51 Powers of enforcement personnel.

§329-51 Powers of enforcement personnel.
[Section effective until December 31, 2023. For section effective January 1, 2024, see below.]
Any officer or employee of the department of public safety designated by the director of public safety may:
(1) Carry firearms in the performance of the officer's or employee's official duties;
(2) Execute and serve search warrants, arrest warrants, administrative inspection warrants, subpoenas, and summonses issued under the authority of this State;
(3) Make arrests without warrant for any offense under this chapter and under part IV of chapter 712 committed in the officer's or employee's presence, or if the officer or employee has probable cause to believe that the person to be arrested has committed or is committing a violation of this chapter or part IV of chapter 712 which may constitute a felony;
(4) Make seizures of property pursuant to this chapter; or
(5) Perform other law enforcement duties as the director of public safety designates. L 1972, c 10, pt of §1; am L 1979, c 194, §6; gen ch 1985; am L 1990, c 281, §10
§329-51 Powers of enforcement personnel.
[Section effective January 1, 2024. For section effective until December 31, 2023, see above.]
Any officer or employee of the department of law enforcement designated by the director of law enforcement may:
(1) Carry firearms in the performance of the officer's or employee's official duties;
(2) Execute and serve search warrants, arrest warrants, administrative inspection warrants, subpoenas, and summonses issued under the authority of this State;
(3) Make arrests without warrant for any offense under this chapter and under part IV of chapter 712 committed in the officer's or employee's presence, or if the officer or employee has probable cause to believe that the person to be arrested has committed or is committing a violation of this chapter or part IV of chapter 712 which may constitute a felony;
(4) Make seizures of property pursuant to this chapter; or
(5) Perform other law enforcement duties as the director of law enforcement designates. [L 1972, c 10, pt of §1; am L 1979, c 194, §6; gen ch 1985; am L 1990, c 281, §10; am L 2022, c 278, §17]
Attorney General Opinions
Narcotics enforcement division investigators may carry firearms, serve warrants, subpoenas and summons, and make arrests; qualify as law enforcement officers for purposes of excluding personal use value of state vehicle from gross income. Att. Gen. Op. 91-03.
2023 Hawaii Revised Statutes › Title 19. Health › 329. Uniform Controlled Substances Act › 329-52 Administrative inspections.

§329-52 Administrative inspections.
(a) The administrator or any of the administrator's agents may make administrative inspections of controlled premises upon presenting appropriate credentials to the registrant or persons subject to parts III, IV, VIII, and IX of this chapter or their agents in accordance with the following provisions:
(1) Inspections shall be at reasonable times and within reasonable limits and in a reasonable manner of controlled premises and vehicles in which persons registered or exempted from registration requirements under this chapter are permitted to hold, manufacture, compound, process, sell, dispense, deliver, or otherwise dispose of any controlled substance or regulated chemical designated under section 329-61 and all pertinent equipment, finished and unfinished materials, containers, and labeling therein to determine if this chapter is being violated;
(2) The administrator or any of the administrator's agents shall have access to and may copy any and all records, books, logs, or documents pertaining to the administering, prescribing, dispensing, or sale of controlled substances or regulated chemicals designated under this chapter without a warrant; and
(3) The administrator or any of the administrator's agents may inventory any stock of any controlled substance or regulated chemical designated under section 329-61 and secure samples or specimens of any drug, device, or chemical not seized as evidence by paying or offering to pay for the sample. The administrator shall make or cause to be made examinations of samples secured under this section to determine whether or not this chapter is being violated.
(b) An inspection of records authorized by this section shall not extend to financial data relating to pricing of items other than shipment and sale amounts, unless the owner, operator, or agent in charge of the controlled premises consents in writing.
(c) For purposes of this section, "controlled premises" means:
(1) Places where persons registered or exempted from registration requirements under this chapter are required to keep records; and
(2) Places, including factories, warehouses, establishments, and conveyances in which persons registered or exempted from registration requirements under this chapter are permitted to hold, manufacture, compound, process, sell, dispense, deliver, conduct chemical analysis, or otherwise dispose of any controlled substance or regulated chemical designated under section 329-61. [L 1972, c 10, pt of §1; gen ch 1985; am L 1990, c 281, §10; am L 2009, c 117, §7; am L 2016, c 218, §13]
2023 Hawaii Revised Statutes › Title 19. Health › 329. Uniform Controlled Substances Act › 329-53 Injunctions.

§329-53 Injunctions.
(a) The circuit courts of this State may exercise jurisdiction to restrain or enjoin violations of this chapter.
(b) The defendant may demand trial by jury for an alleged violation of an injunction or restraining order under this section. [L 1972, c 10, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 329. Uniform Controlled Substances Act › 329-56 Burden of proof; liabilities.

§329-56 Burden of proof; liabilities.
(a) It is not necessary for the State to negate any exemption or exception in this chapter in any complaint, information, indictment or other pleading or in any trial, hearing, or other proceeding under this chapter. The burden of proof of any exemption or exception is upon the person claiming it.
(b) In the absence of proof that a person is the duly authorized holder of an appropriate registration or order form issued under this chapter, the person is presumed not to be the holder of the registration or form. The burden of proof is upon the person to rebut the presumption.
(c) No liability is imposed by this chapter upon any authorized state, county or municipal officer, engaged in the lawful performance of the officer's duties. [L 1972, c 10, pt of §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 19. Health › 329. Uniform Controlled Substances Act › 329-57 Judicial review. §329-57 Judicial review.

§329-57 Judicial review.
[Section effective until December 31, 2023. For section effective January 1, 2024, see below.]
All final determinations, findings and conclusions of the department of public safety under this chapter are final and conclusive decisions of the matters involved. Any person aggrieved by the decision may obtain review of the decision pursuant to chapter 91. Findings of fact by the department of public safety, if supported by substantial evidence, are conclusive. L 1972, c 10, pt of §1; am L 1990, c 281, §10
§329-57 Judicial review.
[Section effective January 1, 2024. For section effective until December 31, 2023, see above.]
All final determinations, findings and conclusions of the department of law enforcement under this chapter are final and conclusive decisions of the matters involved. Any person aggrieved by the decision may obtain review of the decision pursuant to chapter 91. Findings of fact by the department of law enforcement, if supported by substantial evidence, are conclusive. [L 1972, c 10, pt of §1; am L 1990, c 281, §10; am L 2022, c 278, §17]
2023 Hawaii Revised Statutes › Title 19. Health › 329. Uniform Controlled Substances Act › 329-59 Controlled substance registration revolving fund; established.

§329-59 Controlled substance registration revolving fund; established.
(a)
[Subsection effective until December 31, 2023. For subsection effective January 1, 2024, see below.]
There is established within the state treasury the controlled substance registration revolving fund. The fund shall be expended at the discretion of the director of public safety for the purpose of:
(1) Offsetting the cost of the electronic prescription accountability system, investigation of violations of this chapter, the registration and control of the manufacture, distribution, prescription, and dispensation of controlled substances and regulated chemicals listed under section 329-61, within the State;
(2) Funding positions authorized by the legislature by law; and
(3) Funding the narcotics enforcement division's forensic drug laboratory facility.
(a)
[Subsection effective January 1, 2024. For subsection effective until December 31, 2023, see above.]
There is established within the state treasury the controlled substance registration revolving fund. The fund shall be expended at the discretion of the director of law enforcement for the purpose of:
(1) Offsetting the cost of the electronic prescription accountability system, investigation of violations of this chapter, the registration and control of the manufacture, distribution, prescription, and dispensation of controlled substances and regulated chemicals listed under section 329-61, within the State;
(2) Funding positions authorized by the legislature by law; and
(3) Funding the narcotics enforcement division's forensic drug laboratory facility.
(b) The fund shall consist of all moneys derived from fees collected pursuant to sections 329-31 and 329-67 and legislative appropriations. All fees collected pursuant to sections 329-31 and 329-67 shall be deposited in the controlled substance registration revolving fund. [L 1996, c 268, §3; am L 1999, c 252, §6; am L 2002, c 165, §5; am L 2008, c 119, §2; am L 2013, c 177, §3; am L 2022, c 278, §17]
2023 Hawaii Revised Statutes › Title 19. Health › 329. Uniform Controlled Substances Act › 329-62 Proper identification.

§329-62
Proper identification.
(a) Any manufacturer, wholesaler, retailer, or other person who receives from a source outside of the State any substance specified in section 329-61 prior to selling, transferring, or otherwise furnishing any substance specified in section 329-61 to a person in this State, shall require proper identification from the purchaser.
(b) For the purposes of this section, "proper identification" means a motor vehicle operator's license or other official state-issued identification of the purchaser which contains a photograph of the purchaser; the residential or mailing address of the purchaser other than a post office box number, or the tax map key number if no other address is available; the motor vehicle license number of any motor vehicle owned or operated by the purchaser; a letter of authorization from the business for which any substance specified in section 329-61 is being furnished, which includes the general excise license number and address of the business; a full description of how the substance is to be used; and the signature of the purchaser. The person selling, transferring, or otherwise furnishing any substance specified in section 329-61 shall sign as a witness to the signature and identification of the purchaser.
(c) Any manufacturer, wholesaler, retailer or other person who does not obtain the proper identification as required by this section shall be fined not more than $5,000, or imprisoned not more than thirty days, or both. [L 1990, c 200, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 329. Uniform Controlled Substances Act › 329-65 Penalty.

§329-65 Penalty.
(a) Any manufacturer, wholesaler, retailer, or other person who does not submit a report as required by section 329-63 or who knowingly submits a report with false or fictitious information shall be fined not more than $5,000, or imprisoned not more than thirty days, or both.
(b) Any manufacturer, wholesaler, retailer, or other person who has previously been convicted of violating subsection (a), upon a subsequent conviction thereof, shall be fined not more than $100,000, or imprisoned not more than one year, or both.
(c) Any manufacturer, wholesaler, retailer, or other person who sells, transfers, or otherwise furnishes any of the substances listed in section 329-61 with knowledge or the intent that the recipient will use the substance to unlawfully manufacture any controlled substance shall be fined not more than $100,000, or imprisoned not more than five years, or both. For the purpose of this part, "unlawfully manufacture" means to manufacture, compound, convert, produce, derive, process, or prepare, either directly or indirectly by chemical extraction, or independently by means of chemical synthesis, any controlled substance specified in section 329-14, 329-16, 329-18, 329-20, or 329-22 without a valid state controlled substance registration as designated under section 329-33.
(d) Any manufacturer, wholesaler, retailer, or other person who possesses any of the substances listed in section 329-61 with the intent to unlawfully manufacture any controlled substance shall be fined not more than $100,000, or imprisoned not more than ten years, or both.
(e) Any person who possesses, sells, distributes, purchases for resale, or causes to be sold, distributed, or purchased for resale any ephedrine-containing product with a label that claims or implies that consumption of the product will produce effects such as ecstasy, euphoria, increased sexual sensations, legal "highs", and other similar effects shall be fined not more than $5,000, or imprisoned not more than one year, or both.
(f) It is unlawful for any person to knowingly or intentionally obtain or attempt to obtain any of the substances listed in section 329-61 or procure or attempt to procure any substances listed in section 329-61:
(1) By fraud, deceit, misrepresentation, embezzlement, or theft;
(2) By furnishing fraudulent documentation or information or the concealment of a material fact regarding the use, location, or ultimate user of the substances listed in section 329-61; or
(3) By the use of a false name, photo identification, general excise tax information, or the giving of a false address.
(g) Any person who violates subsection (f) shall be fined not more than $100,000, or imprisoned not more than five years, or both. [L 1990, c 200, pt of §1; am L 1993, c 225, §3; am L 1999, c 252, §11; am L 2001, c 203, §7; am L 2003, c 151, §10]
2023 Hawaii Revised Statutes › Title 19. Health › 329. Uniform Controlled Substances Act › 329-66 Theft, loss, and discrepancy reports.

§329-66 Theft, loss, and discrepancy reports.
(a)
[Subsection effective until December 31, 2023. For subsection effective January 1, 2024, see below.]
The theft or loss of any substance regulated pursuant to section 329-61 discovered by any person regulated by this part shall be reported to the department of public safety within three days of the receipt of actual knowledge of the discrepancy.
(a)
[Subsection effective January 1, 2024. For subsection effective until December 31, 2023, see above.]
The theft or loss of any substance regulated pursuant to section 329-61 discovered by any person regulated by this part shall be reported to the department of law enforcement within three days of the receipt of actual knowledge of the discrepancy.
(b) Any report made pursuant to this section shall also include the name of the common carrier or person who transports the substance and date of shipment of the substance. [L 1990, c 200, pt of §1; am L 2022, c 278, §17]
2023 Hawaii Revised Statutes › Title 19. Health › 329. Uniform Controlled Substances Act › 329-68 Protection of records; divulging confidential information prohibited; penalties.

§329-68
Protection of records; divulging confidential information prohibited; penalties.
(a) All records and information required under this part shall be kept confidential; provided that disclosure of records and information to authorized state, county, and federal agencies is permissible.
(b)
[Subsection effective until December 31, 2023. For subsection effective January 1, 2024, see below.]
The department of public safety shall adopt and enforce rules as may be necessary to prevent improper acquisition or use of confidential information.
(b)
[Subsection effective January 1, 2024. For subsection effective until December 31, 2023, see above.]
The department of law enforcement shall adopt and enforce rules as may be necessary to prevent improper acquisition or use of confidential information.
(c) Any manufacturer, wholesaler, retailer or other person, including one who is authorized to obtain information, who, knowing the information obtained is from confidential records or files, intentionally discloses the records or information other than authorized by law, or who intentionally or knowingly aids or abets in the inspection or disclosure of such records or information by any person not authorized to inspect such records and information, shall be imprisoned not more than thirty days or fined not more than $5,000, or both. [L 1990, c 200, pt of §1; am L 1993, c 225, §4; am L 2022, c 278, §17]
2023 Hawaii Revised Statutes › Title 19. Health › 329. Uniform Controlled Substances Act › 329-69 Subpoena powers. §329-69 Subpoena powers.

§329-69 Subpoena powers.
[Section effective until December 31, 2023. For section effective January 1, 2024, see below.]
Subject to the privileges which witnesses have in the courts of this State, the director of public safety or the director's designated subordinate is empowered pursuant to and in accordance with the rules of court to subpoena witnesses, examine them under oath and require the production of books, papers, documents or objects where the director of public safety reasonably believes the information sought is relevant or material to enforcement of this chapter. Books, papers, documents, or objects obtained pursuant to exercise of these powers may be retained by the director of public safety or the director's designate for forty-eight hours for the purpose of examination, audit, copying, testing, or photographing. Upon application by the director of public safety, obedience to the subpoenas may be enforced by the circuit court in the county where the person subpoenaed resides or is found in the same manner as a subpoena issued by the clerk of a circuit court. L 1990, c 200, pt of §1 and am c 281, §10; am L 2000, c 98, §7
§329-69 Subpoena powers.
[Section effective January 1, 2024. For section effective until December 31, 2023, see above.]
Subject to the privileges which witnesses have in the courts of this State, the director of law enforcement or the director's designated subordinate is empowered pursuant to and in accordance with the rules of court to subpoena witnesses, examine them under oath and require the production of books, papers, documents or objects where the director of law enforcement reasonably believes the information sought is relevant or material to enforcement of this chapter. Books, papers, documents, or objects obtained pursuant to exercise of these powers may be retained by the director of law enforcement or the director's designate for forty-eight hours for the purpose of examination, audit, copying, testing, or photographing. Upon application by the director of law enforcement, obedience to the subpoenas may be enforced by the circuit court in the county where the person subpoenaed resides or is found in the same manner as a subpoena issued by the clerk of a circuit court. [L 1990, c 200, pt of §1 and am c 281, §10; am L 2000, c 98, §7; am L 2022, c 278, §17]
2023 Hawaii Revised Statutes › Title 19. Health › 329. Uniform Controlled Substances Act › 329-70 Forfeiture.

§329-70
Forfeiture.
(a) Precursor chemicals that are possessed, transferred, sold, or offered for sale in violation of this part shall be subject to seizure and forfeiture as provided in chapter 712A.
(b) All conveyances, including aircraft, vehicles, or vessels that are used, or intended for use, to transport or in any manner facilitate the transportation of precursor chemicals for a purpose that would constitute a violation of section 329-65(c) or (d), shall be subject to seizure and forfeiture as provided in chapter 712A.
(c) All moneys, negotiable instruments, securities, or other things of value furnished or intended to be furnished by any person in exchange for any of the substances listed in section 329-61 that facilitate any violation of section 329-65(c) or (d), and all proceeds traceable to such an exchange, and all moneys, negotiable instruments, and securities used or intended to be used to facilitate any violation of section 329-65(c) or (d), shall be subject to seizure and forfeiture as provided in chapter 712A. [L 1990, c 200, pt of §1; am L 2008, c 185, §1]
2023 Hawaii Revised Statutes › Title 19. Health › 329. Uniform Controlled Substances Act › 329-72 Rules. §329-72 Rules.

[ §329-72] Rules.
[Section effective until December 31, 2023. For section effective January 1, 2024, see below.]
The department of public safety may adopt rules and assess reasonable fees relating to the registration and control of the sale, distribution, or possession of regulated chemicals under part VI of chapter 329. L 2004, c 193, pt of §1
§329-72 Rules.
[Section effective January 1, 2024. For section effective until December 31, 2023, see above.]
The department of law enforcement may adopt rules and assess reasonable fees relating to the registration and control of the sale, distribution, or possession of regulated chemicals under part VI of chapter 329. [L 2004, c 193, pt of §1; am L 2022, c 278, §17]
2023 Hawaii Revised Statutes › Title 19. Health › 329. Uniform Controlled Substances Act › 329-74 Unlawful transport of pseudoephedrine.

§329-74 Unlawful transport of pseudoephedrine.
(a) A person commits the offense of unlawful transport of pseudoephedrine if the person transports more than three packages of any product the sale of which is restricted by section 329-75.
(b) For purposes of this section, "transportation" means the transfer of a pseudoephedrine product by a person other than a wholesaler, distributor, or retailer of such product authorized to conduct business as such by the State.
(c) Unlawful transport of pseudoephedrine is a misdemeanor. [L 2005, c 193, pt of §1; am L 2016, c 218, §15]
2023 Hawaii Revised Statutes › Title 19. Health › 329. Uniform Controlled Substances Act › 329-103 Designated state agency.

§329-103 Designated state agency.
The designated state agency shall:
(1) Oversee and administer the collection of information under the system;
(2) Control access to the information in the system; and
(3) Produce exception reports as defined in section 329-1. [L 1996, c 268, pt of §2]
2023 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).
2023 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]
2023 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]