reglab/statecodes huggingface dataset:
2023 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]
2023 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]
2023 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]
2023 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]
2023 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, 2024, 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, 2024, 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; am L 2022, c 309, §3]
2023 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]
2023 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]
2023 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]
2023 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.
2023 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]
2023 Hawaii Revised Statutes › Title 19. Health › 329B. Substance Abuse Testing › 329B-5.5 Substance abuse on-site screening tests, testing procedures, and confidentiality.

§329B-5.5 Substance abuse on-site screening tests, testing procedures, and confidentiality.
The substance abuse on-site screening test shall be administered according to the instructions of the manufacturer and this section:
(1) Every employer using a substance abuse on-site screening test shall administer the test according to the package insert that accompanies the substance abuse on-site screening test;
(2) Any indication of the presence of drugs, alcohol, or the metabolites of drugs by the substance abuse on-site screening test shall not be used to deny or deprive a person of employment or any benefit, or result in any adverse action against the employee or prospective employee, unless a substance abuse test is conducted according to section 329B-5 and the requirements of paragraph (3) are met;
(3) Upon the indication of the presence of drugs, alcohol, or the metabolites of drugs by the substance abuse on-site screening test, the employer shall have the employee or prospective employee report within four hours to a laboratory licensed by the department under section 329B-4 and be tested under section 329B-5. The employer shall bear the cost of the laboratory referral. An employee or prospective employee who fails to report for the substance abuse test may be denied or deprived of employment or any benefit, or have adverse action taken against the employee or prospective employee for refusing or failing to report for the substance abuse test; provided that the employer has provided to the employee or prospective employee written notice stating that:
(A) At the time of the substance abuse on-site screening test, the employer followed the procedures under section 329B-5.5;
(B) The employee or prospective employee was informed that the employee or prospective employee may refuse to submit to the substance abuse test; and
(C) If the employee or prospective employee refuses or fails to submit to the substance abuse test, the employer may take adverse employment action against the employee or prospective employee;
(4) The operator who administers the substance abuse on-site screening test shall have been trained in the use and administering of the on-site screening test by the manufacturer of the on-site screening test or the manufacturer's designee; and
(5) Any information concerning the substance abuse on-site screening test 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 relating to a positive on-site screening test result of an individual shall be disclosed to the individual, a third party, the laboratory to which the individual is referred, and the decision maker in a lawsuit, grievance, or other proceeding initiated by or on behalf of the individual tested and arising from the positive on-site screening test result. [L 1999, c 206, §1; am L 2007, c 179, §2]
2023 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]
2023 Hawaii Revised Statutes › Title 19. Health › 329B. Substance Abuse Testing › 329B-7 Remedies.

§329B-7 Remedies.
[(a)] Any person, agency, or entity that wilfully and knowingly violates any provision of this chapter shall be fined not less than $1,000 but not more than $10,000 for each violation as set by the department, plus reasonable court costs and attorney's fees as determined by the court, which penalty and costs shall be paid to the aggrieved person. This subsection shall not be construed as limiting the right of any person or persons to recover actual damages.
(b) In addition to any other enforcement mechanism allowed by law, any person, agency, or entity that commits, or proposes to commit, any act in violation of this chapter may be enjoined therefrom by a court of competent jurisdiction. An action for injunctive relief under this subsection may be brought by any aggrieved person that will fairly and adequately represent the interests of the protected class. [L 1990, c 236, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 329C. Imitation Controlled Substances Act › 329C-1 Definitions.

§329C-1 Definitions.
Whenever used in this chapter, unless the context otherwise requires:
"Controlled substance" means a substance as defined in section 329-1.
"Distribute" means the actual, constructive, or attempted transfer, delivery, or dispensing to another of an imitation controlled substance.
"Imitation controlled substance" means a substance that is not a controlled substance, which by dosage unit, appearance (including color, shape, size, and markings), or by representations made, would lead a reasonable person to believe that the substance is a controlled substance. In any case when the appearance of the dosage unit is not reasonably sufficient to establish that the substance is an "imitation controlled substance" (for example in the case of powder or liquid), the court or authority concerned shall consider, in addition to all other logically relevant factors, the following factors as related to representations made in determining whether the substance is an imitation controlled substance:
(1) Statements made by an owner or by anyone else in control of the substance concerning the nature of the substance, or its use or effect;
(2) Statements made to the recipient that the substances may be resold for inordinate profit;
(3) Whether the substance is packaged in a manner normally used for illicit controlled substances;
(4) Evasive tactics or actions utilized by the owner or person in control of the substance to avoid detection by law enforcement authorities;
(5) Prior convictions, if any, of an owner, or anyone in control of the object, under state or federal law related to controlled substances or fraud; and
(6) The proximity of the substances to controlled substances.
"Manufacture" means the production, preparation, or repackaging, labeling, or relabeling, of an imitation controlled substance. [L 1984, c 222, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 329C. Imitation Controlled Substances Act › 329C-2 Offenses.

§329C-2 Offenses.
(a) No person shall manufacture, distribute, or possess with intent to distribute, an imitation controlled substance. Any person who violates this subsection shall be guilty of a misdemeanor.
(b) No person eighteen years of age or over shall violate subsection (a) by distributing an imitation controlled substance to a person under eighteen years of age. Any person who violates this subsection shall be guilty of a class C felony.
(c) No person shall use, or possess with intent to use, an imitation controlled substance. Any person who violates this subsection shall be guilty of a petty misdemeanor, except that possession of a substance imitating a controlled substance which is subject to section 712-1249 shall constitute a violation.
(d) No person shall place in any newspaper, magazine, handbill, or other publication, or post or distribute in any public place, any advertisement or solicitation with reasonable knowledge that the purpose of the advertisement or solicitation is to promote the distribution of imitation controlled substances. Any person who violates this subsection shall be guilty of a misdemeanor.
(e) No civil or criminal liability shall be imposed by virtue of this chapter on any person registered under chapter 329 who manufactures, distributes, or possesses an imitation controlled substance for use as a placebo by a registered practitioner in the course of professional practice or research. [L 1984, c 222, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 329C. Imitation Controlled Substances Act › 329C-3 Forfeiture.

§329C-3 Forfeiture.
All imitation controlled substances are subject to forfeiture according to the procedures set forth in chapter 712A. [L 1984, c 222, pt of §1; am L 1989, c 261, §13]
2023 Hawaii Revised Statutes › Title 19. Health › 329D. Medical Marijuana Dispensary System › 329D-2.5 Office of medical cannabis control and regulation; established; duties.

§329D-2.5 Office of medical cannabis control and regulation; established; duties.
(a) There is established within the department the office of medical cannabis control and regulation, which shall report to the deputy director of health resources administration.
(b) The office of medical cannabis control and regulation shall administer medical cannabis dispensary licensure and regulation, pursuant to this chapter, and the registration of qualifying patients and primary caregivers, pursuant to part IX of chapter 329. [L 2018, c 159, §2]
2023 Hawaii Revised Statutes › Title 19. Health › 329D. Medical Marijuana Dispensary System › 329D-3 Qualifications for licensure.

§329D-3 Qualifications for licensure.
(a) Each application for a dispensary license shall include both an individual applicant and an applying entity.
(b) The application shall be submitted to the department and shall include supporting documentation to establish the following:
(1) That the individual applicant:
(A) Has been a legal resident of the State for not less than five years preceding the date of application;
(B) Is not less than twenty-one years of age; and
(C) Has had no felony convictions;
(2) That the applying entity:
(A) Has been organized under the laws of the State;
(B) Has a Hawaii tax identification number;
(C) Has a department of commerce and consumer affairs business registration division number and suffix;
(D) Has a federal employer identification number;
(E) Is not less than fifty-one per cent held by Hawaii legal residents or entities wholly controlled by Hawaii legal residents who have been Hawaii legal residents for not less than five years immediately preceding the date the application was submitted;
(F) Has financial resources under its control of not less than $1,000,000 for each license applied for, plus not less than $100,000 for each retail dispensing location allowed under the license applied for, in the form of bank statements or escrow accounts, and that the financial resources have been under the control of the applying entity for not less than ninety days immediately preceding the date the application was submitted; and
(G) Is composed of principals or members, each of whom has no felony convictions.
(c) A dispensary license shall not be sold or otherwise transferred from one person to another person. [L 2015, c 241, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 329D. Medical Marijuana Dispensary System › 329D-5 Medical cannabis dispensaries; selection.

§329D-5 Medical cannabis dispensaries; selection.
(a) By January 4, 2016, the department shall provide for a selection process and criteria based on merit for verified applicants for medical cannabis dispensary licenses; provided that the selection process, at minimum, includes the criteria of section 329D-7(3).
(b) This selection process shall be utilized by the department to grant medical cannabis dispensary licenses. Licensees selected will be announced by April 15, 2016. A dispensary licensed pursuant to this chapter may begin dispensing not sooner than July 15, 2016, with the approval of the department. [L 2015, c 241, pt of §2; am L 2017, c 170, §2]
2023 Hawaii Revised Statutes › Title 19. Health › 329D. Medical Marijuana Dispensary System › 329D-5.5 Sale or transfer of dispensary license.

§329D-5.5 Sale or transfer of dispensary license.
(a) In the event of death, legal incapacity, or permanent disability of an individual dispensary licensee, the relevant entity licensee shall notify the department within thirty days of the individual licensee's inability to continue in the individual's capacity as a licensee, and shall provide to the department within thirty days of the notice a plan for the sale or transfer of the individual license to another individual who meets all the requirements under this chapter and has been a resident of the State for not less than five years preceding the proposed date of transfer.
(b) In the event of a voluntary resignation by an individual licensee, termination of an individual licensee's employment with an entity licensee with or without cause, or any other permanent separation of the relationship between an individual licensee and an entity licensee, the relevant entity licensee shall submit a plan to the department for approval at least thirty days prior to any sale or transfer of the individual license to another individual who shall meet all the requirements under this chapter and shall have been a resident of the State for not less than five years preceding the date of transfer.
(c) The department may deny a request for transfer of ownership if it deems the transferee has failed to meet all the requirements of section 329D-3 for ownership. [L 2019, c 240, §2]
2023 Hawaii Revised Statutes › Title 19. Health › 329D. Medical Marijuana Dispensary System › 329D-8 Laboratory standards and testing; laboratory certification.

§329D-8 Laboratory standards and testing; laboratory certification.
(a) The department shall establish and enforce standards for laboratory-based testing of cannabis and manufactured cannabis products for content, contamination, and consistency; provided that in establishing these standards, the department shall:
(1) Review and take guidance from the testing programs and standards utilized in other jurisdictions;
(2) Consider the impact of the standards on the retail cost of the product to the qualifying patient;
(3) Review and take guidance from the testing programs and standards for pesticides under the regulations of the United States Environmental Protection Agency;
(4) Consider processes that may allow cannabis or manufactured cannabis products that fail testing standards to be remediated;
(5) For the testing for microbiological impurities, consider the benefits of organically grown cannabis that features the use of bacteria in lieu of pesticides; and
(6) Include permission for qualifying patients and primary caregivers to obtain testing services directly from certified laboratories on the island where the qualifying patient and primary caregiver reside.
(b) The department may certify laboratories that can test cannabis and manufactured cannabis products prior to the sale of cannabis and manufactured cannabis products.
(c) If a dispensary licensee obtains a laboratory result indicating that a sample of a batch of its cannabis or manufactured cannabis products does not meet the department's standards for patient safety, the dispensary licensee, at its own expense, may have the same sample or a different sample from the same batch retested by the same laboratory or a different laboratory. If a retest at a different laboratory yields a different result, the department shall determine which result controls whether the batch may be approved for sale or whether further testing shall be required. [L 2015, c 241, pt of §2; am L 2017, c 41, §8 and c 170, §2; am L 2018, c 116, §16; am L 2020, c 38, §3]
2023 Hawaii Revised Statutes › Title 19. Health › 329D. Medical Marijuana Dispensary System › 329D-9 Manufacturing of medical cannabis products.

§329D-9 Manufacturing of medical cannabis products.
(a) Any medical cannabis dispensary licensed by the department pursuant to this chapter shall be permitted to manufacture cannabis products; provided that the dispensary shall also obtain any other state or county permits or licenses that may be necessary for a particular manufacturing activity.
(b) The department shall establish health, safety, and sanitation standards regarding the manufacture of manufactured cannabis products.
(c) A manufacturer of a manufactured cannabis product shall calculate the equivalent physical weight of the cannabis that is used to manufacture the product and shall make the equivalency calculations available to the department and to a consumer of the manufactured cannabis product. [L 2015, c 241, pt of §2; am L 2017, c 170, §2]
Revision Note
"Marijuana" changed to "cannabis" to conform to L 2017, c 170, pursuant to §23G-15.
2023 Hawaii Revised Statutes › Title 19. Health › 329D. Medical Marijuana Dispensary System › 329D-10 Types of manufactured cannabis products.

§329D-10 Types of manufactured cannabis products.
(a) The types of medical cannabis products that may be manufactured and distributed pursuant to this chapter shall be limited to:
(1) Capsules;
(2) Lozenges;
(3) Pills;
(4) Oils and oil extracts;
(5) Tinctures;
(6) Ointments and skin lotions;
(7) Transdermal patches;
(8) Pre-filled and sealed containers used to aerosolize and deliver cannabis orally or by inhalation, such as an inhaler, nebulizer, or device that provides safe pulmonary administration; provided that:
(A) Containers need not be manufactured by the licensed dispensary but shall be filled with cannabis, cannabis oils, or cannabis extracts manufactured by the licensed dispensary or purchased from another dispensary pursuant to section 329D-6(r); but shall not contain nicotine, tobacco-related products, or any other non-cannabis derived products; and
(B) For devices that provide safe pulmonary administration:
(i) The heating element of the device, if any, shall be made of inert materials such as glass, ceramic, or stainless steel, and not of plastic or rubber;
(ii) The device shall be distributed solely for use with single-use, pre-filled, tamper-resistant, sealed containers that do not contain nicotine or other tobacco products;
(iii) There shall be a temperature control on the device that is regulated to prevent the combustion of cannabis oil; and
(iv) The device need not be manufactured by the licensed dispensary;
(9) Pre-rolled cannabis flower products, as specified by the department;
(10) Edible cannabis products, as specified by the department; and
(11) Other products as specified by the department.
(b) As used in this section, "lozenge" means a small tablet manufactured in a manner to allow for the dissolving of its medicinal or therapeutic component slowly in the mouth.
(c) As used in this section, "edible cannabis products" means manufactured cannabis products intended for gastrointestinal administration of any cannabinoid extracted from the cannabis plant and regulated as manufactured cannabis products and not as a "drug" or "food" as defined and regulated in chapter 328, or as "bottled water" as defined and regulated in chapter 328D.
(d) Any medical cannabis product manufactured pursuant to this chapter shall be regulated and approved by the department and meet all requirements of rules adopted pursuant to this chapter; provided that the department shall establish requirements for child-resistant packaging and accurate and proper labeling. [L 2015, c 241, pt of §2; am L 2016, c 230, §17; am L 2017, c 170, §2; am L 2018, c 116, §27; am L 2020, c 38, §4; am L 2023, c 108, §5]
2023 Hawaii Revised Statutes › Title 19. Health › 329D. Medical Marijuana Dispensary System › 329D-11 Advertising and packaging.

§329D-11 Advertising and packaging.
(a) The department shall establish standards regarding the advertising and packaging of cannabis and manufactured cannabis products; provided that the standards, at a minimum, shall require the use of packaging that:
(1) Is child-resistant and opaque so that the product cannot be seen from outside the packaging;
(2) Uses only lettering in colors approved by the department on a white background with no pictures or graphics;
(3) Is clearly labeled with the phrase "For medical use only";
(4) Is clearly labeled with the phrase "Not for resale or transfer to another person";
(5) Includes instructions for use and "use by date";
(6) Contains information about the contents and potency of the product;
(7) Includes the name of the production center where cannabis in the product was produced, including the batch number and date of packaging;
(8) Includes a barcode generated by tracking software; and
(9) In the case of a manufactured cannabis product, includes a:
(A) Listing of the equivalent physical weight of the cannabis used to manufacture the amount of the product that is within the packaging, pursuant to section 329D-9(c);
(B) Clearly labeled warning stating that the product:
(i) Is a medication that contains cannabis, and is not a food; and
(ii) Should be kept away from children; and
(C) Date of manufacture.
(b) Any capsule, lozenge, or pill containing cannabis or its principal psychoactive constituent tetrahydrocannabinol shall be packaged so that one dose, serving, or single wrapped item contains no more than ten milligrams of tetrahydrocannabinol; provided that no manufactured cannabis product that is sold in a pack of multiple doses, servings, or single wrapped items, nor any containers of oils, shall contain more than a total of one thousand milligrams of tetrahydrocannabinol per pack or container; provided further that no dispensary shall exceed the dispensing limits imposed by section 329D-7.
(c) All manufactured cannabis products shall be individually wrapped at the original point of manufacture.
(d) The department shall be authorized to allow dispensaries to provide, disseminate, and publish educational and scientific materials relating to medical cannabis and its approved products and sponsor events about medical cannabis. [L 2015, c 241, pt of §2; am L 2017, c 170, §2; am L 2018, c 116, §28; am L 2020, c 38, §5; am L 2023, c 108, §6]
2023 Hawaii Revised Statutes › Title 19. Health › 329D. Medical Marijuana Dispensary System › 329D-12 Background checks.

§329D-12 Background checks.
(a) The following shall be subject to background checks conducted by the department or its designee, including but not limited to criminal history record checks in accordance with section 846-2.7:
(1) Each applicant and licensee for a medical cannabis dispensary license, including the individual applicant and all officers, directors, members of a limited liability corporation; shareholders with at least twenty-five per cent or more ownership interest in a corporation; and managers of an entity applicant;
(2) Each employee of a medical cannabis dispensary;
(3) Each employee of a subcontracted production center or retail dispensing location;
(4) All officers, directors, members of a limited liability corporation; and shareholders with at least twenty-five per cent or more ownership interest in a corporate owner of a subcontracted production center or retail dispensing location; and
(5) Any person permitted to enter and remain in a retail dispensing location or production center pursuant to section 329D-15(a)(4) or 329D-16(a)(3).
The person undergoing the background check shall provide written consent and all applicable processing fees to the department or its designee to conduct the background checks.
(b) This section shall not apply to:
(1) A qualifying patient, primary caregiver, qualifying out-of-state patient, or caregiver of a qualifying out-of-state patient who enters or remains on the premises of a retail dispensing location for the purpose of a transaction conducted pursuant to sections 329D-6 and 329D-13; or
(2) Government officials and employees acting in an official capacity and employees of a certified laboratory who enter or remain on the premises of a retail dispensing location or production center for any purpose authorized by this chapter. [L 2015, c 241, pt of §2; am L 2016, c 230, § §18, 19; am L 2017, c 170, §2; am L 2018, c 116, §17; am L 2023, c 108, §7]
2023 Hawaii Revised Statutes › Title 19. Health › 329D. Medical Marijuana Dispensary System › 329D-13 Dispensing limits.

§329D-13 Dispensing limits.
(a) A qualifying patient, primary caregiver, qualifying out-of-state patient, or caregiver of a qualifying out-of-state patient shall be allowed to purchase no more than four ounces of cannabis within a consecutive period of fifteen days, or no more than eight ounces of cannabis within a consecutive period of thirty days.
(b) A qualifying patient, primary caregiver, qualifying out-of-state patient, or caregiver of a qualifying out-of-state patient may purchase cannabis from any dispensary location in the State, subject to the limits set forth in subsection (a).
(c) Beginning on January 1, 2018, this section may apply to qualifying out-of-state patients from other states, territories of the United States, or the District of Columbia; provided that the patient meets the registration requirements of section 329-123.5. [L 2015, c 241, pt of §2; am L 2018, c 116, §18]
2023 Hawaii Revised Statutes › Title 19. Health › 329D. Medical Marijuana Dispensary System › 329D-14 Prohibited acts related to exceeding limits; fraud; penalties.

§329D-14 Prohibited acts related to exceeding limits; fraud; penalties.
(a) It shall be unlawful for any person to obtain or attempt to procure any medical cannabis or medical cannabis product by:
(1) Fraud, deceit, misrepresentation, embezzlement, or theft;
(2) The forgery or alteration of a medical cannabis permit;
(3) Furnishing fraudulent medical information or the concealment of a material fact;
(4) The use of a false name or patient identification number, or the giving of a false address; or
(5) The alteration of a state issued medical use of cannabis permit card.
(b) Any person who violates subsection (a) shall be guilty of a class C felony. [L 2015, c 241, pt of §2; am L 2017, c 170, §2]
2023 Hawaii Revised Statutes › Title 19. Health › 329D. Medical Marijuana Dispensary System › 329D-16 Criminal offense; unauthorized access to production centers.

§329D-16 Criminal offense; unauthorized access to production centers.
(a) No person shall intentionally or knowingly enter or remain upon the premises of a medical cannabis production center unless the person is:
(1) An individual licensee or registered employee of the production center;
(2) A government employee or official acting in the person's official capacity; or
(3) Previously included on a current department-approved list provided to the department by the licensee of those persons who are allowed into that production center for a specific purpose for that production center, including but not limited to construction, maintenance, repairs, legal counsel, or investors; provided that:
(A) The person has been individually approved by the department to be included on the list;
(B) The person is at least twenty-one years of age, as verified by a valid government issued identification card;
(C) The department has confirmed that the person has no felony convictions;
(D) The person is escorted by an individual licensee or registered employee of the production center at all times while in the production center; provided that construction and maintenance personnel not normally engaged in the business of cultivating, processing, or selling medical cannabis need not be accompanied on a full-time basis, but shall be reasonably monitored by an individual licensee or registered employee of the production center while in areas not containing any cannabis or manufactured cannabis products;
(E) The person is only permitted within those portions of the production center as necessary to fulfill the person's purpose for entering;
(F) The person is only permitted within the production center during the times and for the duration necessary to fulfill the person's purpose for entering;
(G) The production center shall keep an accurate record of each person's identity, date and times upon entering and exiting the production center, purpose for entering, and the identity of the escort; and
(H) The approved list shall be effective for one year from the date of department approval.
(b) No individual licensee or registered employee of a medical cannabis dispensary with control over or responsibility for a production center shall intentionally or knowingly allow another to enter or remain upon the premises of the production center, unless the other is permitted to enter and remain as specified in subsection (a), except in an emergency situation to repair infrastructure at a production center by a person not on the department-approved list; provided that the repair worker shall be escorted at all times, and the licensee shall notify the department of the use of this individual immediately.
(c) Unauthorized access to a production center is a class C felony. [L 2015, c 241, pt of §2; am L 2017, c 170, §2; am L 2023, c 108, §9]
2023 Hawaii Revised Statutes › Title 19. Health › 329D. Medical Marijuana Dispensary System › 329D-17 Prohibition of distribution of medical cannabis and medical cannabis products to minors; penalties.

§329D-17 Prohibition of distribution of medical cannabis and medical cannabis products to minors; penalties.
(a) A person commits the offense of promoting medical cannabis or medical cannabis products to a minor if the person intentionally or knowingly distributes any amount of cannabis or manufactured cannabis products that came from a dispensary or production center to a minor who is not a registered qualifying patient or a registered qualifying out-of-state patient under eighteen years of age.
(b) Any person who violates this section shall be guilty of a class B felony. [L 2015, c 241, pt of §2; am L 2017, c 170, §2; am L 2018, c 116, §20]
Revision Note
"Marijuana" changed to "cannabis" to conform to L 2017, c 170, pursuant to §23G-15.
2023 Hawaii Revised Statutes › Title 19. Health › 329D. Medical Marijuana Dispensary System › 329D-18 Diversion from dispensary or production center; penalties.

§329D-18 Diversion from dispensary or production center; penalties.
(a) A person commits diversion from a dispensary or production center if the person is a licensee, operator, or employee of a dispensary or production center and intentionally or knowingly diverts to the person's own use or other unauthorized or illegal use, or takes, makes away with, or secretes, with intent to divert to the person's own use or other unauthorized or illegal use, any medical cannabis, manufactured cannabis product, or cannabis concentrate under the person's possession, care, or custody as a licensee, operator, or employee of a medical cannabis dispensary or production center licensed by the department.
(b) Any person who violates this section shall be guilty of a class C felony. [L 2015, c 241, pt of §2; am L 2017, c 170, §2]
Revision Note
"Marijuana" changed to "cannabis" to conform to L 2017, c 170, pursuant to §23G-15.