Hawaii Administrative Code

(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 fo…

Any person as specified in section 329-64, Hawaii Revised Statutes, is exempt from reporting transactions except as specified in section 23-201-11. Notes Haw. Code R. § 23-201-12 [Eff APR 15 2000] (Auth: HRS §§ 329-31, 353C-2) (Imp: HRS § 329-64)

(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 re…

(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 simultan…

(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 rec…

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. Notes Haw. Code R. § 23-201-16 [Eff APR 15 2000] (Auth: HRS §§ 329-31, 353C-2) (Imp: HRS §§ 329-62, 329-65,…

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. Notes Haw. Code R. § 23-201-17 [Eff APR 15 2000] (…

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 e…

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 …

(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 initi…

(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 chemi…

(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 of…

(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 enforce…

(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, narcot…

(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 o…

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…

(a) The department shall create and maintain both paper and computer data files of the qualifying patients and primary caregivers to whom the department has issued registry identification certificates. The data files will include all information collected on the registration form…

(a) The department may, at any time, contact a qualifying patient, primary caregiver, or attending physician by phone, mail, or in person to verify the current accuracy of information provided to the registration system. (b) Notwithstanding subsection (a), the department may, whe…

(a) In accordance with these rules, the department has the authority to revoke a registry identification certificate, with suspension of the registry identification certificate pending administrative hearing on the revocation. The department under one or more of the following con…

(a) A qualifying patient who possesses a registry identification certificate issued pursuant to section 329-123, Hawaii Revised Statutes, may engage in and a registered primary caregiver of the patient may assist in, the medical use of marijuana only as justified to mitigate the …

Every person violating any provision of this chapter shall be subject to the provisions set forth in section 329-128, Hawaii Revised Statutes. Notes Haw. Code R. § 23-202-14 [Eff DEC 28 2000] (Auth: HRS §§ 329-31, 353C-2) (Imp: HRS §§ 329-128)

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 this chapter shall not be affected thereby. Notes Haw. Code R. § 23-202-15 [Eff DEC 28 2000] (…

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 unint…

(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 certif…

(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 identificati…

(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 r…

(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 divisio…

(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 safet…

(a) department shall create registry identification registration forms and physician written certification forms for the medical use of marijuana and issue them to requesting physicians. The written certification /registry identification forms shall be issued by the department an…

(a) Once the department has verified the information in the completed written certification/registry form submitted pursuant to this section, including the designated registration fee, the department shall issue a serially numbered registry identification certificate. The registr…

As used in this chapter: "Party" means the department and petitioner. "Person" means individuals, partnerships, corporations, associations, or organizations of any character, except the department. "Petition" means a properly documented submission of information by a person seeki…

This chapter shall govern all proceedings brought before the department which are intended to obtain a declaratory relief of the applicability of any rule, or order of the department, or any statute the department is mandated to administer or enforce with respect to a factual sit…

(a) Any interested person may submit a signed petition either in person or by mail to the department for a declaratory order as to the applicability of any statutory provision or of any rule or order of the department. The petition shall be legibly written or typed, identifiable …

(a) Upon receipt of a petition for declaratory relief, the department within thirty days shall notify the petitioner in writing whether or not to proceed with the relief. (b) If it is determined by the department that a genuine controversy of material fact exists within the petit…

As used in this chapter: "Hearing officer" means a person, not interested in the outcome of the matter, who is authorized by the director to conduct hearings or render decisions, or both, on any contested case or controversy within the department's jurisdiction. "Party" means: (1…

(a) In any proceedings before the department no party or representative of a party shall communicate with the hearing officer concerning the merits of the case. (b) It shall be improper for any person interested in a proceeding to seek to influence the judgment of any member of t…

(a) The parties shall have an opportunity to:(1) Present oral or documentary evidence; (2) Examine the case record as well as all documents and records to be used at the hearing at a reasonable time before the date of the hearing as well as during the hearing; (3) Present the cas…

(a) The official records of proceedings shall include materials prescribed in section 91-9(e), Hawaii Revised Statutes. (b) Records of proceedings requested for the purposes of rehearing or court review, may be transcribed. (c) The records transcribed shall not include matters ou…

(a) A final decision shall not be rendered by the department prior to the hearing and examination of all evidence unless the decision is made in the form of a proposal which is subject to the following conditions:(1) That the proposed decision contains a statement of reasons for …

This chapter shall govern all administrative hearing proceedings before the department which are intended to obtain relief in a contested case, provided that a contested case does not include any adjustment, disciplinary, grievance, classification, or any other hearing decision. …

(a) Any interested person may petition for an administrative relief hearing with the department either in person or by mail. The petition shall be legibly written or typed to include the following:(1) The first page of every petition shall set forth the name, full address, and ph…

When a party's authorized representative appears in a hearing proceeding or signs a petition submitted to the department or a hearing officer, that shall signify that the representative is authorized to so act. The representative, however, may be required by the department or hea…

(a) Upon determination by the department to proceed with a hearing, the department shall give written notice to all parties of the hearing by registered or certified mail with return receipt at least fifteen days prior to the hearing date to include:(1) The date, time, and place …

(a) The hearing officer may: (1) Approve a stipulation between parties continuing the hearing; and (2) Upon motion by a party, for good cause shown as provided in section 23-4-7, continue the hearing. Notes Haw. Code R. § 23-4-6 [Eff APR 15 2000] (Auth: HRS § 353C-2) (Imp: HRS § …

(a) An application for an order shall be made by motion, which, except during a hearing, shall be in writing and state the grounds for the application and the order sought. (b) Motions referring to facts not of record shall be supported by affidavits, and if involving a question …

(a) The hearing officer, in conducting a hearing, may: (1) Issue notices of hearings and appearance of parties; (2) Examine witnesses; (3) Rule upon offers of proof, receive relevant evidence, and exclude irrelevant evidence or restrict questioning or testimony; (4) Regulate the …

(a) No matter shall be heard by the hearing officer who:(1) Has any pecuniary interest in the matter; (2) Is related within the third degree by blood or marriage to any party in the proceeding; or (3) Has participated in any pre-proceeding investigation of the matter, or in devel…

As used in these rules unless the context requires otherwise: "Administrator" means the executive secretary of the criminal injuries compensation commission. "Chairperson" means the chairperson of the criminal injuries compensation commission. "Commission" means the criminal inju…

(a) The principal office of the commission is at the Old Federal Building, Honolulu, Hawaii. All communications to the commission shall be addressed to the Criminal Injuries Compensation Commission, State of Hawaii, 335 Merchant Street, Room 244, Honolulu, Hawaii, unless otherwis…

Unless entitled to confidential treatment pursuant to section 23-601-3, state or federal law, commission records, such as rules, regulations, opinions, orders, and meeting minutes shall be made available for inspection to the public during established office hours. Notes Haw. Cod…