Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 3 - LAW ENFORCEMENT › Chapter 202 - MEDICAL USE OF MARIJUANA › Section 23-202-2 - Definitions

Current through June, 2024
The following definitions shall apply in the interpretation
				  and enforcement of this chapter:
"Adequate supply" means an amount of marijuana jointly
				  possessed between the qualifying patient and the primary caregiver that is not
				  more than is reasonably necessary to assure the uninterrupted availability of
				  marijuana for the purpose of alleviating the symptoms or effects of a
				  qualifying patient's debilitating medical condition; provided that the
				  "adequate supply" jointly possessed by the qualifying patient and the primary
				  caregiver not exceed three mature marijuana plants, four immature marijuana
				  plants, and one ounce of usable marijuana per each mature plant.
"Administrator" means the administrator of the narcotics
				  enforcement division, department of public safety.
"Debilitating medical condition" means:
(1) Cancer, glaucoma, positive status for human
				  immunodeficiency virus, acquired immune deficiency syndrome, or the treatment
				  of these conditions;
(2) A chronic or debilitating disease or medical condition or
				  its treatment that produces one or more of the following:
(A) Cachexia or wasting syndrome;
(B) Severe pain;
(C) Severe nausea;
(D) Seizures, including those characteristic of epilepsy;
				  or
(E) Severe and persistent muscle spasms, including those
				  characteristic of multiple sclerosis or Crohn's disease; or
(3) Any other medical condition approved by the department of
				  health pursuant to administrative rules in response to a request from a
				  physician or potentially qualifying patient.
"Department" means the department of public safety.
"Immature marijuana plant" means a marijuana plant, whether
				  male or female, that has not yet flowered and which does not yet have buds that
				  are readily observed by unaided visual examination.
"Marijuana" shall have the same meaning as "marijuana" and
				  "marijuana concentrate" as provided in sections
				  329-1 and
				  712-1240,
				  Hawaii Revised Statutes.
"Mature plant" means a marijuana plant, whether male or
				  female, that has flowered and which has buds that are readily observed by
				  unaided visual examination.
"Medical use" means the acquisition, possession, cultivation,
				  use, distribution, or transportation of marijuana or paraphernalia relating to
				  the administration of marijuana to alleviate the symptoms or effects of a
				  qualifying patient's debilitating medical condition. For the purposes of
				  "medical use", the term distribution is limited to the transfer of marijuana
				  and paraphernalia from the primary caregiver to the qualifying patient.
"Patient identification number" means with respect to the
				  qualifying patient and primary caregiver:
(1) The unique, valid Hawaii driver's license number of the
				  qualifying patient, primary caregiver, Hawaii State identification number, or
				  passport number;
(2) If the qualifying patient or primary caregiver does not
				  have a Hawaii driver's license or Hawaii State Identification number, the
				  "patient identification number" means the patient's social security number;
				  and
(3) If the qualifying patient is less than eighteen years old
				  and has no Hawaii driver's license, Hawaii State identification number,
				  passport number or social security number, then the patient identification
				  number means the unique number contained on the valid driver's license of the
				  patient's parent or legal guardian.
"Physician" means a person who is licensed under chapters
				  453 and
				  460, Hawaii Revised Statutes, and is
				  licensed with authority to prescribe drugs and is registered under section
				  329-32,
				  Hawaii Revised Statutes. "Physician" does not include physician's assistant as
				  described in section
				  453-5.3,
				  Hawaii Revised Statutes.
"Primary caregiver" means a person, other than the qualifying
				  patient and the qualifying patient's physician, who is eighteen years of age or
				  older, and who has agreed to undertake responsibility for managing the
				  well-being of the qualifying patient with respect to the medical use of
				  marijuana. In the case of a minor or an adult lacking legal capacity, the
				  primary caregiver shall be a parent, guardian, or person having legal
				  custody.
"Registry identification certificate" means a document issued
				  by the department that identifies a patient authorized to engage in the medical
				  use of marijuana, the patient's physician, the patient's designated primary
				  caregiver, if any, and the location of the authorized marijuana plants.
"Qualifying patient" means a person who has been diagnosed by
				  a physician as having a debilitating medical condition.
"Usable marijuana" means the dried leaves and flowers of the
				  plant Cannabis family Moraceae, and any mixture of preparations thereof, that
				  is appropriate for the medical use of marijuana. "Usable marijuana" does not
				  include the seeds, stalks, and roots of the plant.
"Written certification" means the qualifying patient's
				  medical records or a statement signed by a qualifying patient's physician,
				  stating that in the physician's professional opinion, the qualifying patient
				  has a debilitating medical condition and the potential benefits of the medical
				  use of marijuana would likely outweigh the health risks for the qualifying
				  patient. "Written certifications" are valid for only one year from the time of
				  signing.