2023 Hawaii Revised Statutes › Title 19. Health › 329D. Medical Marijuana Dispensary System › 329D-15 Criminal offense; unauthorized access to retail dispensing location.

§329D-15 Criminal offense; unauthorized access to retail dispensing location.
(a) No person shall intentionally or knowingly enter or remain upon the premises of a medical cannabis retail dispensing location unless the individual is:
(1) An individual licensee or registered employee of the dispensary;
(2) A qualifying patient, primary caregiver, qualifying out-of-state patient, or caregiver of a qualifying out-of-state patient;
(3) A government employee or official acting in the person's official capacity; or
(4) Previously included on a current department-approved list provided to the department by the licensee of those persons who are allowed into that retail dispensing location for a specific purpose for that retail dispensing location including but not limited to construction, maintenance, repairs, legal counsel, providers of paratransit or other assistive services required by a qualifying patient, primary caregiver, qualifying out-of-state patient, or caregiver of a qualifying out-of-state patient to access a retail dispensing location, 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 dispensary at all times while in the retail dispensing location; provided that construction and maintenance personnel who are 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 dispensary while in areas not containing any cannabis or manufactured cannabis products;
(E) The person is only permitted within those portions of the retail dispensing location as necessary to fulfill the person's purpose for entering;
(F) The person is only permitted within the retail dispensing location during the times and for the duration necessary to fulfill the person's purpose for entering;
(G) The dispensary shall keep an accurate record of each person's first and last name, date and times upon entering and exiting the retail dispensing location, purpose for entering, and the identity of the escort; and
(H) The approved list shall be effective for one year from the date of the department approval;
provided that a member of the general public may enter or remain within the waiting room of a retail dispensing location.
(b) No individual licensee or registered employee of a medical cannabis dispensary with control over or responsibility for a retail dispensing location shall intentionally or knowingly allow another to enter or remain upon the premises of the retail dispensing location, unless the other is permitted to enter and remain as specified in subsection (a), except in an emergency situation to repair infrastructure at a retail dispensing location 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 retail dispensing location is a class C felony. [L 2015, c 241, pt of §2; am L 2017, c 41, §9 and c 170, §2; am L 2018, c 116, §19; am L 2023, c 108, §8]