reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 3 - LAW ENFORCEMENT › Chapter 200 - REGULATION OF CONTROLLED SUBSTANCES › Section 23-200-12 - Records of controlled substances

Current through June, 2024
(a) Every
				physician, dentist, podiatrist, veterinarian or other practitioner shall keep a
				record of all controlled substances received, transferred, administered,
				prescribed, or disposed of as damaged or outdated, showing the amounts
				received, transferred, administered, prescribed, dispensed or disposed of for a
				period of five years. All records pertaining to the administration, dispensing
				or prescribing of controlled substance must be produced and made available upon
				request by the department or its agents.
(b) Distributors, manufacturers, wholesalers,
				and their representatives shall keep a record of the controlled substance
				produced, distributed, received, and disposed of by them.
(c) Pharmacies shall keep a record of all
				controlled substances received, dispensed, and disposed of by them.
(d) Inventories and records of all controlled
				substances shall be maintained separately from all other business
				records.
(e) Inventories or records
				of all controlled substances must be produced and made available upon request
				by the department or its agents.
(f) The theft or loss of any controlled
				substance regulated by this chapter discovered by any person regulated by this
				part shall be reported to the department within 24 hours of the receipt of
				actual knowledge of the discrepancy. The registrant shall within three calendar
				days submit a written report of the theft or loss to the department.
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 3 - LAW ENFORCEMENT › Chapter 200 - REGULATION OF CONTROLLED SUBSTANCES › Section 23-200-13 - Filing requirements

Current through June, 2024
(a) All persons
				registered to manufacture, distribute, or dispense controlled substances and
				all persons who transport, warehouse, or otherwise handle controlled
				substances, shall file with the department, copies of order, receipt and
				distribution forms of schedule I and II controlled substances and other
				controlled substances designated by the department, showing the amounts of such
				controlled substances ordered, received, distributed, transported, warehoused,
				or otherwise handled.
(b) The
				record of controlled substances received shall contain the date, the name of
				the person from whom received, the kind and quantity of the controlled
				substance and a copy of each such record shall be forwarded to the department
				as directed by the narcotics enforcement division, department of public safety.
				Controlled substances listed in schedule I and II and ordered on an official
				order form issued by the Drug Enforcement Administration need not be reported
				to the department unless requested in writing by the department.
(c) The records of controlled substances
				sold, administered, or dispensed, shall contain the date, name of the person
				for whom, or the animal for which sold, administered, or dispensed, and the
				kind and quantity of controlled substances. Every such record shall be kept for
				a period of five years from the date of transaction recorded.
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 3 - LAW ENFORCEMENT › Chapter 200 - REGULATION OF CONTROLLED SUBSTANCES › Section 23-200-14 - Professional use of controlled substances

Current through June, 2024
(a) A physician, in
				good faith and in the course of professional practice only, may prescribe,
				administer or dispense a controlled substance in accordance with the
				certificate of registration, or may cause the same to be administered by a
				health care professional under the direction and supervision of the
				physician.
(b) A dentist, in good
				faith and in the course of professional practice only, may prescribe,
				administer, or dispense a controlled substance in accordance with the
				certificate of registration, or cause the same to be administered by a health
				care professional under the direction and supervision of the dentist.
(c) A podiatrist, in good faith and in the
				course of professional practice only, may prescribe, administer, or dispense a
				controlled substance in accordance with the certificate of registration, or may
				cause the same to be administered by a health care professional under the
				direction and supervision of the podiatrist.
(d) A veterinarian, in good faith and in the
				course of professional practice only, and not for use by a human being, may
				prescribe, administer or dispense a controlled substance or cause the same to
				be administered by the authorized agent under the direction and supervision of
				the veterinarian.
(e) A physician
				assistant, in good faith and in the course of professional practice only, may
				prescribe or administer a controlled substance under the authority and
				supervision of the supervising physician as designated under section
				329-38,
				Hawaii Revised Statutes.
(f) Any
				duly authorized person, employed by an institutional practitioner, who has
				obtained any controlled substance for administering to a patient shall
				immediately dispose of any unused portion of the controlled substance through
				authorized procedures in accordance with section 23-200-20, when it is no
				longer required for the patient.
(g) Methadone administered or dispensed to a
				patient at a methadone treatment program, and changes in quantity administered
				or dispensed, must be approved by the treating physician prior to the
				administration or dispensing.
(h)
				Administering, dispensing, or transferring for the purpose of dispensing of
				outdated, contaminated, or damaged controlled substances is
				prohibited.
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 3 - LAW ENFORCEMENT › Chapter 200 - REGULATION OF CONTROLLED SUBSTANCES › Section 23-200-15 - Prescriptions

Current through June, 2024
(a) A prescription for a controlled substance
				may be issued only by an individual practitioner who is registered by the
				department of public safety to prescribe controlled substances in the State of
				Hawaii. All controlled substance prescription forms issued shall be no larger
				than
				4-1/2" x
				6-1/2" in size and no smaller than 4" x 5".
(b) Any alteration to the patient name, date
				issued, drug, quantity, strength, or refill section of a controlled substance
				prescription invalidates the prescription, unless authorized by the
				administrator.
(c) Prescriptions
				for schedule II controlled substances shall be submitted to the pharmacist in
				duplicate. The pharmacist shall, within seven days after filling the
				prescription, forward the duplicate including the pharmacy's NABP number, the
				NDC number for the dispensed drug, and the patient's identification number to
				the department, or shall submit all information to the department as prescribed
				by the department. Requirements for forwarding duplicate schedule II
				prescriptions, may be waived by the department if the pharmacy is capable of
				providing the required information electronically in a format approved by the
				department. The department shall retain the original thereof on file for a
				period of two years after filling the same.
(1) A prescription for schedule II controlled
				substance written for a patient in a long term'care facility or for a patient
				with a medical diagnosis documenting a terminal illness may be filled in
				partial quantities to include individual dosage units in accordance with all
				regulations stated in section 1306.13(b), Title 21, Code of Federal
				Regulations.
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 3 - LAW ENFORCEMENT › Chapter 200 - REGULATION OF CONTROLLED SUBSTANCES › Section 23-200-16 - Telephone prescriptions

Current through June, 2024
(a) Inlieu of a
				written prescription, a pharmacist, in good faith, may dispense schedule III,
				IV, and V controlled substances, to any person upon receiving an oral
				prescription over the telephone from a prescriber originating from within the
				State; provided that:
(1) The pharmacist shall
				promptly reduce to writing:
(A) The oral
				prescription in full;
(B) The name,
				strength, and quantity of the drug, and specific directions for the drug's
				use;
(C) The date the oral
				prescription was received;
(D) The
				full name, Drug Enforcement Administration registration number, and oral code
				number of the practitioner; and
(E)
				The name and address of the person for whom the controlled substance was
				prescribed or the name of the owner of the animal for which the controlled
				substances was prescribed, unless the pharmacy filing the prescription has the
				address on file.
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 3 - LAW ENFORCEMENT › Chapter 200 - REGULATION OF CONTROLLED SUBSTANCES › Section 23-200-17 - Electronic reporting of dispensation of controlled substances

Current through June, 2024
(a) All pharmacies shall transmit
				electronically all controlled substance prescription data as specified by the
				administrator. The administrator shall determine those schedules of controlled
				substances, classes of controlled substances, and specific controlled
				substances that are to be electronically transmitted to the department. No
				identified controlled substances may be dispensed unless information relevant
				to the dispensation of the substance is reported electronically or by universal
				claim form to the central repository established under section
				329-102,
				Hawaii Revised Statutes.
(b) The
				information required by this section shall be transmitted:
(1) On an electronic device that is
				compatible with the receiving device of the central repository; or
(2) By computer diskette, magnetic tape, or
				pharmacy universal claim form that meets the specifications provided by the
				Administrator.
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 3 - LAW ENFORCEMENT › Chapter 200 - REGULATION OF CONTROLLED SUBSTANCES › Section 23-200-18 - Filing of prescriptions

Current through June, 2024
(a) Prescriptions
				for controlled substances listed in schedule II shall be maintained in a
				separate prescription file.
(b)
				Prescriptions for controlled substances listed in schedules III, iv, and V
				shall be maintained as follows:
(1) In a
				separate prescription file, or
(2)
				In such form that they are readily retrievable from the other prescription
				records of the pharmacy. Prescriptions will be deemed readily retrievable if,
				at the time they are initially filed, the face of the prescription is stamped
				in red ink in the lower right hand corner with the letter "c" no less than one
				inch high and filed either in the prescription file for the usual consecutively
				numbered prescription file for non-controlled substances, or
(3) In a computerized database that provides
				a daily printout of those prescriptions that are maintained with other
				controlled substance records of the pharmacy.
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 3 - LAW ENFORCEMENT › Chapter 200 - REGULATION OF CONTROLLED SUBSTANCES › Section 23-200-19 - Professional samples of controlled substances

Current through June, 2024
(a) No
				person shall distribute professional samples of controlled substances to a
				practitioner except in response to a written request made on a form, which
				indicates:
(1) Name, address, professional
				designation and signature of the practitioner making the request;
(2) The name of the drug sample requested and
				the quantity requested;
(3) The
				name of the manufacturer; and
(4)
				The date of the request.
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 3 - LAW ENFORCEMENT › Chapter 200 - REGULATION OF CONTROLLED SUBSTANCES › Section 23-200-20 - Procedures for disposal of controlled substances

Current through June, 2024
(a) Any
				registrant desiring to dispose of controlled substances that are old, outdated,
				contaminated or unfit for human consumption may do so in the following manner:
(1) By delivery to an agent of the department
				who is authorized to dispose of controlled substances;
(2) By the destruction in the presence of an
				authorized agent of the department;
(3) By delivery to an authorized United
				States Department of Justice, Drug Enforcement Administration registered
				disposal firm; or
(4) By other
				means as the administrator may determine to assure that the controlled
				substance does not become available to unauthorized persons.
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 3 - LAW ENFORCEMENT › Chapter 200 - REGULATION OF CONTROLLED SUBSTANCES › Section 23-200-21 - Production of controlled substance-bearing plants

Current through June, 2024
(a) It-shall
				be unlawful for any person to engage in or be associated in any manner with or
				permit another to engage in the cultivation of controlled substance bearing
				plants or in the production, manufacturing or processing of controlled
				substances unless such person holds a currently effective certificate of
				registration issued by the department.
(b) A certificate of registration may be
				renewed upon the filing of an application on a form furnished by the director,
				stating either that there has been no changes in the status of matter set forth
				in the registrant's original application or in a supplementary application, or,
				if any changes have occurred, setting forth such changes.
(c) A certificate of registration shall be
				renewed annually.
(d) A certificate
				of registration may be revoked immediately by the director upon any violation
				by the registrant of any of the terms of the certificate of laws of the United
				States and this State governing controlled substances.
(e) Disposal of controlled substance-bearing
				plants. Any controlled substance bearing plant that is cultivated or any
				substance from such plant that is produced, manufactured, or processed by the
				registrant and used for a specific scientific or educational use shall be
				disposed of as authorized pursuant to section 23-200-20.
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 3 - LAW ENFORCEMENT › Chapter 200 - REGULATION OF CONTROLLED SUBSTANCES › Section 23-200-22 - Confidentiality and access to records

Current through June, 2024
(a) All controlled
				substance information and records maintained by'the narcotics enforcement
				division, department of public safety, shall be kept confidential except when
				information is disclosed for law enforcement purposes concerning the use and
				abuse of controlled substances, educational and statistical reporting purposes,
				or for the protection of the health and safety of the public.
(b) Any person denied access to controlled
				substance information and records may seek administrative relief pursuant to
				the administrative reliefr procedures provided by the department.
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 3 - LAW ENFORCEMENT › Chapter 200 - REGULATION OF CONTROLLED SUBSTANCES › Section 23-200-23 - Offenses and penalties

Current through June, 2024
Every person violating any provision of this chapter shall be
				  guilty of the provisions as set forth in sections
				  329-41
				  and
				  329-42
				  Hawaii Revised Statutes.
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 3 - LAW ENFORCEMENT › Chapter 200 - REGULATION OF CONTROLLED SUBSTANCES › Section 23-200-24 - Severability

Current through June, 2024
Should any section, paragraph, sentence, clause, phrase, or
				  application of this chapter be declared unconstitutional or invalid for any
				  reason, the remainder or any other application of said chapter shall not be
				  affected thereby.
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 3 - LAW ENFORCEMENT › Chapter 201 - REGULATED CHEMICALS FOR THE MANUFACTURE OF CONTROLLED SUBSTANCES › Section 23-201-1 - Purpose

Current through June, 2024
The purpose of this chapter is to set forth rules for the
				  manufacture, distribution, selling, transferring, or otherwise furnishing for
				  use by any person or the bringing in or receiving from a source outside the
				  State any substance specified in section
				  329-61,
				  Hawaii Revised Statutes.
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 3 - LAW ENFORCEMENT › Chapter 201 - REGULATED CHEMICALS FOR THE MANUFACTURE OF CONTROLLED SUBSTANCES › Section 23-201-2 - Definitions

Current through June, 2024
As used in this chapter:
"Administrator" means the administrator of the narcotics
				  enforcement division of the department of public safety.
"Authorized state and federal agencies" means any unit of
				  government in this State or in the United States whose major responsibility is
				  to enforce the drug laws of this State or the United States.
"Department" means the department of public safety.
"Director" means the director of the department of public
				  safety or the director's duly authorized agent.
"Ephedrine" the term shall include any synthetic compound,
				  salt, derivative, mixture, or preparation extracted from the plant (genus)
				  ephedra that contains the substance Ephedrine.
"Permit" means the regulated chemical certificate of
				  registration issued by the department.
"Permittee" means any person who has a permit to distribute,
				  sell, transfer, or furnish for use, by any person in this state, who brings in
				  or receives from a source outside the State any substance specified in section
				  329-61,
				  Hawaii Revised Statutes.
"Person" means an individual, corporation, government, or
				  governmental subdivision or agency, business trust, estate trust, partnership,
				  association, or any other legal entity.
"Proper identification" means:
(1) A valid motor vehicle operator's license, or other
				  official state-issued identification 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 number of any motor vehicle owned or operated by
				  the purchaser; or
(2) A letter of authorization from the business for which any
				  substance specified in section
				  329-61,
				  Hawaii Revised Statutes, is being furnished, which includes the general excise
				  license number, address and phone number of the business.
"Safe harbor packaging" means a product that is, if not a
				  liquid, sold in packages of not more than three grams of the base ingredient
				  and is packaged in blister packs of not more than two tablets per blister; or,
				  if a liquid, sold in package sizes of not more than three grams of the base
				  ingredient.
"Substance" means any precursor specified in section
				  329-61
				  Hawaii Revised Statutes.
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 3 - LAW ENFORCEMENT › Chapter 201 - REGULATED CHEMICALS FOR THE MANUFACTURE OF CONTROLLED SUBSTANCES › Section 23-201-3 - Permit requirements

Current through June, 2024
Any manufacturer, wholesaler, retailer, or other person who
				  sells, transfers, or otherwise furnishes for use by a person in this State or
				  who brings in or receives from a source outside of the State any substance
				  specified in section
				  329-61,
				  Hawaii Revised Statutes, shall obtain annually a permit for the conduct of that
				  business issued by the department. The application for permit shall be obtained
				  from the department.
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 3 - LAW ENFORCEMENT › Chapter 201 - REGULATED CHEMICALS FOR THE MANUFACTURE OF CONTROLLED SUBSTANCES › Section 23-201-4 - Annual fees for initial and renewal permits

Current through June, 2024
(a) For each
				initial and renewal permit, to manufacture for distribution the applicant shall
				pay a fee of $100.
(b) For each
				initial and renewal permit, to conduct business as a wholesale distributor,
				importer; or exporter, the applicant shall pay a fee of $75.
(c) For each initial and renewal permit, to
				conduct business as a retail distributor the applicant shall pay a fee of
				$75.
(d) For each duplicate permit,
				the permittee shall submit a written request and shall pay a fee of
				$10.
The amended
				  version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2018-01, February, eff.
				  2/22/2018 is not yet
				  available.
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 3 - LAW ENFORCEMENT › Chapter 201 - REGULATED CHEMICALS FOR THE MANUFACTURE OF CONTROLLED SUBSTANCES › Section 23-201-5 - Persons required to obtain a permit but exempt from fee

Current through June, 2024
(a) The director shall exempt Tram payment-a
				Fee for registration or re-registration of any official or agency of the U.S.
				Army, Navy, Marine Corps, Air Force, Coast Guard, Veteran's Administration or
				Public Health Service who are authorized to procure or purchase regulated
				chemicals for official use.
(b) Any
				official, employee, or other civil officer or agency of the United States,
				State or any political subdivision or agency thereof, who is authorized to
				purchase regulated chemical, to obtain such substances from official stocks, to
				dispense, to conduct research, instructional activities, or chemical analyses
				with such substances, or any combination thereof, in the course of their
				official duties or employment.
(c)
				Any person who is exempt from the permit registration fee and may apply to
				re-register not earlier than sixty days prior to the expiration date of the
				permit. A fee of $25 shall be paid for processing of a permit after the
				expiration date on the permit.
(d)
				In order to enable law enforcement agency laboratories to obtain and transfer
				controlled substances for use as standards in chemical analyses, laboratories
				must obtain annually a registration to conduct chemical analyses. Such
				laboratories shall be exempted from payment-of any fee for
				registration.
The amended
				  version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2018-01, February, eff.
				  2/22/2018 is not yet
				  available.
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 3 - LAW ENFORCEMENT › Chapter 201 - REGULATED CHEMICALS FOR THE MANUFACTURE OF CONTROLLED SUBSTANCES › Section 23-201-6 - Persons exempted from permit requirement

Current through June, 2024
(a) The
				permit requirement is not required for the following persons under these
				circumstances:
(1) Any officer or employee of
				the Bureau, any officer of the U.S. Bureau of Customs, any officer or employee
				of the United States Food and Drug Administration, and any other federal
				officer who is lawfully engaged in the enforcement of any federal law relating
				to regulated chemicals or customs, and.-is duly authorized to possess regulated
				chemicals in the course of their official duties;
(2) Any officer or employee of this State, or
				political subdivision or agency thereof, who is engaged in the enforcement of
				any State or local law relating to regulated chemicals and is duly authorized
				to possess regulated chemicals in the course of their official duties;
				and
(3) Law enforcement laboratory
				personnel when acting in the scope of their official duties.
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 3 - LAW ENFORCEMENT › Chapter 201 - REGULATED CHEMICALS FOR THE MANUFACTURE OF CONTROLLED SUBSTANCES › Section 23-201-7 - Time and method of registration

Current through June, 2024
(a) Registration
				and re-registration fees shall be paid at the time when the application for
				registration or re-registration is submitted for filing. Payment shall be made
				in the form of a personal, certified or cashier's check or money order made
				payable to the narcotics enforcement division, department of public safety.
				Payment made in the form of stamps, foreign currency, or third party endorsed
				checks will not be accepted. No prorated or full refund will be issued once the
				certificate is processed. In the event that the application is not accepted for
				filing or is denied, the payment shall be refunded to the applicant.
(b) Any person who is required to obtain a
				permit and who has not obtained a permit from the department may apply for a
				permit at any time. No person required to obtain a permit shall engage in any
				transactions for which the permit is required, until the application for permit
				is granted and a permit is issued by the department to such person. All
				regulated chemical permit applications shall be processed by the department
				within sixty days after receipt of the completed application, including all
				requested documentation. In the absence of a national disaster, state
				emergency, or union strike which would prevent the department from reviewing
				the permit application, any application pending more than sixty days after
				receipt of the completed application shall be deemed granted.
(c) Each permit shall expire annually as
				noted on the permit. Any permittee may apply for renewal not earlier than sixty
				days prior to the expiration date of their permit. An additional fee of $25
				shall be paid for renewal after the expiration date on the permit.
(d) Failure to obtain a permit from the
				department will prohibit the applicant from engaging in any activity utilizing
				regulated chemicals designated in section
				329-61,
				Hawaii Revised Statutes.
(e) The
				administrator may require an applicant to submit such documents or written
				statements of fact relevant to the application as he deems necessary to
				determine whether the application should be granted. The failure of the
				applicant to provide such documents or statements within thirty days after
				being requested to do so shall be deemed to be a waiver by the applicant of an
				opportunity to present such documents or facts for consideration by the
				administrator in granting or denying the permit application.
(f) The failure to renew the permit on a
				timely basis or to pay the applicable fees or payment with a check that is
				dishonored upon first deoosit shall cause the permit to be automatically
				forfeited.
The amended
				  version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2018-01, February, eff.
				  2/22/2018 is not yet
				  available.
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 3 - LAW ENFORCEMENT › Chapter 201 - REGULATED CHEMICALS FOR THE MANUFACTURE OF CONTROLLED SUBSTANCES › Section 23-201-8 - Modification, transfer, and termination of permits

Current through June, 2024
(a) Any
				person may apply to modify his permit registration to authorize the handling of
				additional regulated chemicals by filing a new permit application. in the event
				of a change of a name or address, the permittee shall submit a letter to the
				department of public safety, narcotics enforcement division. The letter shall
				contain the new name or address and the effective date. Such notification shall
				be within thirty days of such fact. No fee shall be required to be paid for the
				modification.
(b) Failure to report
				a change of address will invalidate the permit and require re-registration and
				the imposition of the $25 late fee.
(c) No permit issued to a person shall be
				assigned or otherwise transferred to any other person.
(d) A permit issued to a person will
				terminate if and when the person dies, ceases legal existence, or discontinues
				business. The person or the person's representative, shall within thirty days,
				return the permit to the department.
The amended
				  version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2018-01, February, eff.
				  2/22/2018 is not yet
				  available.
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 3 - LAW ENFORCEMENT › Chapter 201 - REGULATED CHEMICALS FOR THE MANUFACTURE OF CONTROLLED SUBSTANCES › Section 23-201-9 - Records of transactions

Current through June, 2024
(a) Any
				manufacturer, wholesaler, retailer, or other person who sells, transfers,
				receives, or brings in from outside the State, or otherwise furnishes a
				substance specified in section
				329-61,
				Hawaii Revised Statutes, or an encapsulating or tableting machine shall keep a
				record of each transaction for a period of two years after the date of
				transaction.
(b) Any retail
				distributor who sells, transfers, or furnishes any above threshold quantity of
				an over-the-counter-drug product that is not in "safe harbor packaging" in a
				single transaction to an individual that contains pseudoephedrine,
				norpseudoephedrine, phenylpropanolamine, or an ephedrine combination product
				must keep records of those transactions. The threshold for a retail distributor
				of a product that is not an over-the-counter drug product in "Safe harbor
				packaging" is twenty-four grams in a single transaction.
(c) Any manufacturer, wholesaler, retailer or
				other person who sells, transfers, receives, or brings in from outside the
				State, or otherwise furnishes any "over-the-counter-drug" product containing
				pseudoephedrine, norpseudoephedrine, phenylpropanolamine, or an ephedrine
				combination product not in "safe harbor packaging" that is above the cumulative
				threshold of one kilogram for multiple transactions in a month to a retail
				distributor must keep records of those transactions.
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 3 - LAW ENFORCEMENT › Chapter 201 - REGULATED CHEMICALS FOR THE MANUFACTURE OF CONTROLLED SUBSTANCES › Section 23-201-10 - Identification and use required for transactions

Current through June, 2024
Prior to distributing, selling, transferring, or otherwise
				  furnishing any substance specified,in section
				  329-61,
				  Hawaii Revised Statutes, to a person in this State every permittee shall
				  require proper identification from the purchaser, 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,
				  Hawaii Revised Statutes, shall sign as a witness to the signature and
				  identification of the purchaser.
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 3 - LAW ENFORCEMENT › Chapter 201 - REGULATED CHEMICALS FOR THE MANUFACTURE OF CONTROLLED SUBSTANCES › Section 23-201-11 - Reporting transactions

Current through June, 2024
(a) Any
				manufacturer, wholesaler, retailer, or other person who sells, transfers,
				receives, or brings in from outside the State, or otherwise furnishes a
				substance specified in section
				329-61,
				Hawaii Revised Statutes, for use in this State shall report to the
				administrator the following:
(1) Any
				regulated transaction involving:
(A) An above
				threshold quantity;
(B) Any
				suspicious or out-of-the ordinary quantity of a chemical listed in section
				329-61,
				Hawaii Revised Statutes, to include exempted items listed in section
				329-64, Hawaii Revised
				Statutes;
(C) An uncommon method of
				payment or delivery; or
(D) Any
				other circumstances that the regulated person believes may indicate that the
				regulated chemical will be used in violation of this part;
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 3 - LAW ENFORCEMENT › Chapter 201 - REGULATED CHEMICALS FOR THE MANUFACTURE OF CONTROLLED SUBSTANCES › Section 23-201-12 - Persons exempted from transaction reports

Current through June, 2024
Any person as specified in section
				  329-64, Hawaii Revised
				  Statutes, is exempt from reporting transactions except as specified in section
				  23-201-11.
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 3 - LAW ENFORCEMENT › Chapter 201 - REGULATED CHEMICALS FOR THE MANUFACTURE OF CONTROLLED SUBSTANCES › Section 23-201-13 - Reporting theft and loss

Current through June, 2024
(a) The theft or
				loss of any substance specified in section
				329-61,
				Hawaii Revised Statutes, to include exempted items listed in section
				329-64 Hawaii Revised
				Statutes, discovered by the permittee shall be reported in writing to the
				department within three calendar days of the receipt of the actual knowledge of
				the discrepancy.
(b) The report
				shall include the name of the common carrier or person who transports the
				substance, and the date of the shipment of the substance.
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 3 - LAW ENFORCEMENT › Chapter 201 - REGULATED CHEMICALS FOR THE MANUFACTURE OF CONTROLLED SUBSTANCES › Section 23-201-14 - Revocation and suspension of certificate of registration

Current through June, 2024
(a)
				A certificate of registration issued under section
				329-33, Hawaii
				Revised Statutes, may be denied, suspended, or revoked by the department for
				any of the reasons cited in section
				329-34,
				Hawaii Revised Statutes.
(b) The
				department may suspend or deny any registration simultaneously with the
				institution of proceedings under section
				329-34,
				Hawaii Revised Statutes, or where it finds there is danger to the public health
				and safety which warrants this action.
(c) An order to show cause served upon the
				applicant or registrant shall contain a statement of the basis for the action
				and shall call upon the applicant or registrant to appear before the department
				at a time and place not less than thirty days after the service of the
				order.
(d) Failure of a registrant
				to respond to the order to show cause shall result in an automatic revocation,
				suspension or denial of the certificate of registration.
(e) The proceedings will be conducted in
				accordance with section
				329-35,
				Hawaii Revised Statutes.
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 3 - LAW ENFORCEMENT › Chapter 201 - REGULATED CHEMICALS FOR THE MANUFACTURE OF CONTROLLED SUBSTANCES › Section 23-201-15 - Confidentiality of information and records

Current through June, 2024
(a) All information
				and records required pursuant to part VI of chapter
				329, Hawaii Revised Statutes, shall
				be kept confidential. Disclosure of information and records to authorized state
				and federal agencies is permissible.
(b) Any person denied access to the
				information and records may appeal the denial in accordance with chapter
				92F, Hawaii Revised
				Statutes.
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 3 - LAW ENFORCEMENT › Chapter 201 - REGULATED CHEMICALS FOR THE MANUFACTURE OF CONTROLLED SUBSTANCES › Section 23-201-16 - Offenses and penalties

Current through June, 2024
Every person violating any provision of this chapter shall be
				  subject to the provisions as set forth in sections
				  329-62,
				  329-65,
				  329-67
				  and
				  329-68,
				  Hawaii Revised Statutes.
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 3 - LAW ENFORCEMENT › Chapter 201 - REGULATED CHEMICALS FOR THE MANUFACTURE OF CONTROLLED SUBSTANCES › Section 23-201-17 - Severability

Current through June, 2024
Should any section, paragraph, sentence, clause, phrase, or
				  application of this chapter be declared unconstitutional or invalid for any
				  reason, the remainder or any other application of said chapter shall not be
				  affected thereby.
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 3 - LAW ENFORCEMENT › Chapter 202 - MEDICAL USE OF MARIJUANA › Section 23-202-1 - Purpose

Current through June, 2024
The purpose of this chapter is to set forth rules for the
				  medical use, the registration of qualifying patients, and procedures for the
				  implementation of Act 228, SLH 2000, Medical Use of Marijuana as specified in
				  chapter
				  329, part IX, Hawaii Revised
				  Statutes. The intent is not to legalize marijuana for other than medical
				  purposes, nor to diminish public policy and laws against illegal drug
				  use.
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 3 - LAW ENFORCEMENT › Chapter 202 - MEDICAL USE OF MARIJUANA › Section 23-202-3 - Medical use of marijuana and conditions of use

Current through June, 2024
(a)
				Notwithstanding any law to the contrary, the medical use of marijuana by a
				qualifying patient shall be permitted only if:
(1) The qualifying patient has been diagnosed
				by a physician as having a debilitating medical condition;
(2) The qualifying patient's physician has
				certified in writing that, in the physician's professional opinion, the
				potential benefits of the medical use of marijuana would likely outweigh the
				health risks for the particular qualifying patient; and
(3) The amount of marijuana does not exceed
				an adequate supply.
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 3 - LAW ENFORCEMENT › Chapter 202 - MEDICAL USE OF MARIJUANA › Section 23-202-4 - Registration requirements

Current through June, 2024
(a) Physicians who
				issue written certification shall register the names, addresses, patient
				identification numbers, and other identifying information of the qualifying
				patients issued written certifications with the department using the written
				certification/registry identification forms designated in section
				23-202-8.
(b) Qualifying patients
				shall register with the department using the written certification/registry
				identification forms designated in section 23-202-8. Such registration shall be
				effective until the expiration of the certificate issued by the physician.
				Every qualifying patient shall provide sufficient identifying information to
				establish the identity of the qualifying patient and the primary caregiver.
				Upon verification of the information provided, the department shall issue to
				the qualifying patient a registry identification certificate.
(c) Primary caregivers shall register with
				the department using the written certification/registry identification forms
				designated in section 23-202-8, Every primary caregiver shall be responsible
				for the care of only one qualifying patient at any given time.
(d) Qualifying patients and primary
				caregivers shall report any change in information required by the department
				within five working days. a qualifying patient shall have only one primary
				caregiver and only one physician issuing a written certificate at any given
				time.
(e) Upon an inquiry by a law
				enforcement agency, the department of public safety shall verify that a patient
				is a lawful possessor of a registry identification certificate, that a person
				is the designated primary caregiver of such a patient, that a person has
				submitted an application for a registry identification certificate that is
				pending verification by the department, that the persons registry
				identification certificate was denied but the denial is being appealed or to
				supply optional information provided on the written certification/registry
				identification forms, or as provided in section 23-202-11.
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 3 - LAW ENFORCEMENT › Chapter 202 - MEDICAL USE OF MARIJUANA › Section 23-202-5 - Fees for registration and re-registration

Current through June, 2024
(a) For each
				registration or re-registration of a qualifying patient to utilize marijuana
				for medical use, the qualifying patient shall pay a registration fee of $35 for
				an annual registration.
(b) For
				each duplicate registration requested, the registrant shall submit a written
				request and shall pay a fee of $15.
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 3 - LAW ENFORCEMENT › Chapter 202 - MEDICAL USE OF MARIJUANA › Section 23-202-6 - Time and method of registration

Current through June, 2024
(a) Registration
				fees shall be paid at the time the written certification/registry
				identification forms are submitted to the department. Payment shall be made in
				the form of a personal, certified, or cashier's check or money order made
				payable to the narcotics enforcement division, department of public safety.
				Payment made in the form of stamps, foreign currency, or third party endorsed
				checks will not be accepted. No refund will be issued once the written
				certification/registry identification forms has been received at the
				department.
(b) No person shall
				engage in the use of marijuana for medical purposes, until the completed
				written certification/registry identification forms and registration fees are
				submitted to the Department by the qualifying patient's physician. Upon receipt
				of the written certification/registry identification forms and registration
				fees, the department shall issue a receipt, which shall serve as a temporary
				registration certificate. The temporary registration certificate shall be valid
				for nor more than 60 days from the date of issuance or until the department
				issues or denies the registry identification certificate. In the absence of a
				natural disaster, state emergency, or union strike which would prevent the
				department from reviewing the written certification/registry identification
				forms, any registration pending more than sixty days after receipt of the
				completed written certification/registry identification forms shall be deemed
				granted.
(c) Each certificate shall
				expire annually as noted on the certificate. Qualifying patients and their
				primary caregivers may apply for renewal not earlier than sixty days prior to
				the expiration date of their certificate.
(d) Failure to obtain a certificate from the
				department will prohibit the applicant from engaging in any activity utilizing
				the medical use of marijuana as designated in section
				329-122,
				Hawaii Revised Statutes.
(e) The
				administrator may require an applicant to submit such documents or written
				statements of fact relevant to the registration, as the administrator deems
				necessary to verify information on the written certification/registry
				identification forms. The failure of the applicant to provide the documents or
				statements within thirty days after being mailed a request to do so shall be
				deemed to be a waiver by the applicant of an opportunity to present the
				documents or facts for consideration by the administrator in processing the
				registration.
(f) The termination
				of a certificate shall occur:
(1) Upon its
				expiration date;
(2) For failure to
				pay the applicable registration or re-registration fees; or
(3) For payment with a check that is
				dishonored upon first deposit that shall cause the certificate to be void ab
				initio.
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 3 - LAW ENFORCEMENT › Chapter 202 - MEDICAL USE OF MARIJUANA › Section 23-202-7 - Modification, transfer, and termination of certificate

Current through June, 2024
(a)
				In the event of a change of name or address of the qualifying patient, primary
				caregiver, or the location where the qualifying patient will elect to grow the
				qualifying patient's medical marijuana, the qualifying patient shall submit a
				letter to the department of public safety, narcotics enforcement division, with
				the updated information. The notification shall be submitted to the department
				within five working days of the change. No fee shall be assessed for the
				modification of the certificate.
(b) Failure to report a change of any of the
				information mentioned in subsection (a) shall invalidate the certificate as of
				the date of the change plus five working days and shall require re-registration
				and the imposition of a $10 late fee.
(c) No certificate issued to a qualifying
				patient shall be assigned or otherwise transferred to any other
				patient.
(d) A qualifying patient
				who possesses a registry identification certificate pursuant to this section
				who no longer suffers from a debilitating medical condition shall return the
				registry identification certificate to the department within seven calendar
				days of notification of the diagnosis. The qualifying patient's primary
				caregiver shall also return the issued registry identification certificate
				within the same period of time and the qualifying patient's medical marijuana
				supply disposed of in accordance with procedures set forth in section
				23-200-20.
(e) The qualifying
				patient's attending physician shall notify the department that the qualifying
				patient's condition no longer warrants the use of marijuana for medical
				purposes. The physician shall notify the qualifying patient of the
				contact.
(f) A certificate issued
				to a qualifying patient or primary caregiver is void upon the qualifying
				patient's death or if the patient's primary physician revokes the qualifying
				patient's written certificate. The qualifying patient's family, legal guardian,
				or primary caregiver shall notify the department within seven calendar days of
				the qualifying patient's death or revocation of the written certificate by the
				primary physician. The certificate shall be returned to the department and the
				qualifying patient's medical marijuana supply shall be disposed of in
				accordance with the procedures set forth in section 23-200-20.