Hawaii Administrative Code

(a) A dispensary shall establish a written recall plan for cannabis and for each manufactured cannabis product. (b) The written recall plan shall include procedures that describe the steps to be taken, and assign responsibility for taking those steps, to perform the following act…

(a) A medical cannabis dispensary shall establish and maintain the following records documenting compliance with this subchapter: (1) Written procedures for quality control operations, including:(A) Conducting a review and making a disposition decision; (B) Approving or rejecting…

(a) As permitted by section 11-850-135 (h) (1), a batch of cannabis or manufactured cannabis products may be remediated and submitted a certified laboratory for reanalysis in accordance with the following procedures: (1) The dispensary licensee shall submit the sampling plan, cer…

An individual applicant shall: (1) Be not less than twenty-one years of age; (2) Be a legal resident of the State for not less than five years preceding the date of application; (3) Not have any felony convictions or any other disqualifying background history in accordance with t…

Notes Haw. Code R. § 11-850-130 Res 2/24/2022 Res 4/29/2022 Res 11/17/2022 Res 12/6/2024

(a) A dispensary licensee shall not dispense cannabis or manufactured cannabis products unless a laboratory certified by the department pursuant to this chapter has analyzed a representative sample of the cannabis or manufactured cannabis products and the samples meet the require…

(a) No laboratory is authorized to handle or analyze cannabis or manufactured cannabis products unless that laboratory is certified by the department as specified in this subchapter, except as provided in subsection (d). (b) The department may grant a certification to a laborator…

(a) To apply for a laboratory certification to analyze cannabis and manufactured cannabis products, a laboratory shall submit to the department on forms and in a manner prescribed by the department:(1) An application; (2) All information and documents required by the department, …

(a) Upon being certified by the department, a laboratory shall: (1) Display a copy of the certification in a prominent location on the laboratory premises; (2) Obtain department approval of the laboratory's employee qualifications, quality assurance plan, and standard operating p…

(a) A certified laboratory shall develop and follow a statistically valid sampling plan to collect representative samples from each batch of cannabis or manufactured cannabis product in accordance with section 11-850-131. A certified laboratory shall analyze a representative samp…

(a) A certified laboratory or a laboratory seeking certification shall provide the department access to inspect the laboratory facility, interview laboratory personnel, or review, inspect, evaluate, and audit records and documents related to the analyses of dispensary licensee sa…

(a) A laboratory aggrieved by a suspension or revocation made pursuant to section 11-850-136 may request a reconsideration of the action. (b) A request for reconsideration shall be submitted to the department within five business days after the date of notification; provided that…

Notes Haw. Code R. §§ 11-850-138 to 11-850-140 Res 2/24/2022 Res 4/29/2022 Res 11/17/2022 Res 12/6/2024

(a) An individual applicant shall provide the following required information and documents: (1) Legal name, date of birth, legal residence, last four digits of the applicant's social security number, mailing address, and principal residence address if different from the mailing a…

A dispensary licensee shall not post any signage visible from the exterior other than one or two signs, each no greater than one thousand six hundred square inches, that bear only the business or trade name in text without any pictures or illustrations; provided that if any appli…

(a) A dispensary licensee shall use packaging for cannabis and manufactured cannabis products that:(1) Meets the requirements for child-resistant special packaging for the number of openings and closings customary for the package size and contents, specified in Title 16 C.F.R. pa…

(a) Each package of cannabis or manufactured cannabis product shall be labeled using only black lettering on a white background with no pictures or graphics. (b) Except as provided in subsection (f), every package of cannabis or manufactured cannabis product shall be labeled with…

(a) All ingredients shall be listed on the label in order of prominence by weight and shall be preceded by the word "Ingredients". (b) The common or usual name of ingredients shall be consistent with the names standardized in: (1) For ingredients that are botanicals (including fu…

(a) A dispensary licensee shall not engage in advertising in any media including but not limited to:(1) Broadcast or electronic media: (A) Radio; (B) Television; (C) Internet; and (D) Social media; (2) Print media: (A) Newspaper; (B) Magazine; (C) Billboards; and (D) Placards on …

Notes Haw. Code R. §§ 11-850-146 to 11-850-150 Res 2/24/2022 Res 4/29/2022 Res 11/17/2022 Res 12/6/2024

An applying entity shall: (1) Be organized under the laws of the State; (2) Have a Hawaii tax identification number; (3) Have a department of commerce and consumer affairs business registration division number and suffix; (4) Have a federal employer identification number; (5) Not…

(a) If the director determines that any person is violating any provision of this chapter, chapter 329D, HRS, or the person's license, the director may have that person served with a notice of violation and an order. The notice shall specify the alleged violation. The order may:(…

(a) Upon suspension of a dispensary license pursuant to section 329D-21 and this subchapter, the licensee shall immediately do any or all of the following as ordered by the director:(1) Cease dispensing or manufacturing cannabis and manufactured cannabis products, or both; (2) Ce…

(a) An applying entity shall provide the following required information and documents: (1) Name of the applying entity and any other name under which the applying entity does business; street address, telephone number, facsimile number, email address; date the applying entity was…

(a) The following are subject to background checks conducted by the department or its designee: (1) The individual applicant or licensee; (2) All officers, directors, members of a limited liability corporation, shareholders with at least twenty-five per cent ownership interest in…

(a) Each application for a dispensary license shall include a non-refundable application fee of $5,000 by certified check or cashier's check payable to State of Hawaii Department of Health, delivered or mailed by certified mail, return receipt requested, to: Department of Health,…

(a) After receipt of an application, the department shall verify that the application and supporting documentation is complete, and the information submitted in the application is true and valid, and meets the requirements of section 329D-3, HRS. (b) Applications that meet the re…

As used in this chapter: "Accreditation body" means an impartial organization that is a signatory to the International Laboratory Accreditation Cooperation (ILAC) Mutual Recognition Arrangement for Testing and which requires laboratories to conform to ISO/IEC 17025, the general r…

(a) The department shall consider the following criteria based on merit to evaluate applications verified pursuant to section 11-850-19: (1) Ability to operate a business, including but not limited to education, knowledge, and experience with: (A) Regulated industries; (B) Agricu…

(a) Within seven days of receiving written notice of selection from the department, the selected applicant shall submit to the department a dispensary license fee of $75,000 by certified or cashier's check made payable to: State of Hawaii Department of Health. (b) If the dispensa…

(a) Upon award of a license pursuant to section 11-850-21, a dispensary licensee shall apply to the department of public safety narcotics enforcement division (NED) and obtain a certificate to possess and handle cannabis and manufactured cannabis products. (b) A dispensary licens…

A license shall be valid for one year from the date issued unless suspended or revoked by the department, or unless surrendered by the dispensary licensee. Notes Haw. Code R. § 11-850-23 [Eff DEC 14 2015] (Auth: HRS §§ 321-9, 329D-27) (Imp: HRS §§ 329D-2, 329D-4, 329D-21) Comp 2/…

(a) The department may deny an application for or renewal of a license for any of the following reasons: (1) Failure to provide the information required in sections 11-850-13 through 11-850-17; (2) Failure to meet the requirements set forth in this chapter or chapter 329D, HRS; (…

(a) A license may be renewed if the dispensary licensee:(1) Submits to the department a renewal application on a form and in a manner prescribed by the department at least sixty days prior to the expiration date on the license; (2) Continues to meet all the requirements of this c…

(a) A dispensary may voluntarily surrender a license to the department at any time. (b) If a dispensary voluntarily surrenders a license, the dispensary shall:(1) Return the license to the department; (2) Submit a report to the department including the reason for surrendering the…

(a) The dispensary licensee shall notify the department of any changes in contact information. (b) The dispensary licensee shall notify the department in writing no less than fourteen days in advance of any change that may affect the licensee's qualifications for licensure, and s…

(a) The license renewal fee shall be calculated by the department by determining and adding the applicable base fee for each production center owned, operated, or subcontracted by the licensee in accordance with subsection (b) and the base fee for each retail dispensing location …

Notes Haw. Code R. §§ 11-850-29 to 11-850-30 Res 2/24/2022 Res 4/29/2022 Res 11/17/2022 Res 12/6/2024

If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the p…

(a) In all dispensary facilities, only the individual licensee, authorized employees of the dispensary, authorized employees of the subcontracted dispensary facilities, employees of a certified laboratory for analysis purposes, state employees authorized by the director, and law …

(a) Not less than thirty days prior to producing or manufacturing any cannabis or manufactured cannabis products at a licensed production center, a dispensary licensee shall provide the department with the address, tax map key number, and a copy of the premises title or lease, as…

(a) Not less than sixty days prior to opening a licensed retail dispensing location for business, a dispensary licensee shall provide the department with the address, tax map key number, and a copy of the premises title or lease, as applicable, of the proposed location of that re…

(a) A dispensary licensee shall establish and maintain written policies and procedures governing the qualifications, recruitment, hiring, and training of operators, employees, or subcontractors of production centers and retail dispensary locations. (b) No person under the age of …

(a) A dispensary licensee shall have available at each dispensary facility a time clock or ether adequate method to record the month, day, year, and time that each employee arrives at and leaves the facility. (b) Time record entries shall be made at the time an employee reports f…

(a) A dispensary licensee may transport cannabis and manufactured cannabis products between its facilities, between its facilities and a laboratory for analysis, and from its production center to the production center of another dispensary licensee that is purchasing the cannabis…

(a) Each dispensary licensee shall be subject to an annual announced inspection and unlimited unannounced inspections by the department, and inspections by any other government employee or official acting in an official capacity. Inspections for license renewals shall be unannoun…

(a) A dispensary licensee shall submit quarterly reports on January 31, April 30, July 31, and October 31. If the due date for submitting a quarterly report falls on a Saturday, Sunday, or State holiday, the report will be on time if it is submitted on the next day that is not a …