Chapter 329 — Chapter 329

PART I. GENERAL PROVISIONS §329-1 Definitions. As used in this chapter: "Abuse" means the misuse of a substance or the use of a substance to an extent deemed deleterious or detrimental to the user, to others, or to society. "Address" means, with respect to prescriptions, the phys…

[PART VIII.] ELECTRONIC PRESCRIPTION ACCOUNTABILITY SYSTEM §329-101 Reporting of dispensation of controlled substances; electronic prescription accountability system; requirements; penalty. (a) A controlled substance electronic prescription accountability system shall be establis…

§329-102 Central repository. (a) Except as provided in subsection (b), the transmittal of information under this section shall be made: through an electronic transmitting device that is compatible with the receiving device of the central repository; or by computer diskette, magne…

§329-104 Confidentiality of information; disclosure of information. (a) The information collected under this part shall not be available to the public or used for any commercial purpose. Ownership of all data collected shall reside with the State. (b) Responsibility for limiting …

PART II. STANDARDS AND SCHEDULES §329-11 Authority to schedule controlled substances. (a) [Subsection effective until December 31, 2023. For subsection effective January 1, 2024, see below.] Annually, upon the convening of each regular session of the state legislature, the depart…

PART IX. MEDICAL USE OF CANNABIS §329-121 Definitions. As used in this part: "Adequate supply" means an amount of medical cannabis jointly possessed between the qualifying patient and the primary caregiver that is not more than is reasonably necessary to ensure the uninterrupted …

§329-122 Medical use of cannabis; conditions of use. (a) Notwithstanding any law to the contrary, the medical use of cannabis by a qualifying patient eighteen years of age or older shall be permitted only if: (b) Notwithstanding any law to the contrary, the medical use of cannabi…

§329-123 Registration requirements; qualifying patients; primary caregivers. (a) Physicians or advanced practice registered nurses who issue written certifications shall provide, in each written certification, the name, address, patient identification number, and other identifyin…

§329-123.5 Registration requirements; qualifying out-of-state patient; caregiver of a qualifying out-of-state patient. (a) Notwithstanding section 329-123, a qualifying out-of-state patient and a caregiver of a qualifying out-of-state patient shall register with the department of…

§329-125 Protections afforded to a qualifying patient, primary caregiver, qualifying out-of-state patient, or caregiver of a qualifying out-of-state patient. (a) A qualifying patient, primary caregiver, qualifying out-of-state patient, or caregiver of a qualifying out-of-state pa…

§329-125.5 Medical cannabis patient and caregiver protections. (a) No school shall refuse to enroll or otherwise penalize, and no landlord shall refuse to lease property to or otherwise penalize, a person solely for the person's status as a qualifying patient or primary caregiver…

§329-125.6 Protections afforded to an owner or qualified employee of a licensed medical cannabis dispensary. (a) An owner or employee of a medical cannabis dispensary that is licensed under chapter 329D may assert the production or distribution of medical cannabis as an affirmati…

§329-126 Protections afforded to a treating physician or advanced practice registered nurse. (a) No physician or advanced practice registered nurse shall be subject to arrest or prosecution, penalized in any manner, or denied any right or privilege for providing written certifica…

§329-127 Protection of cannabis and other seized property. (a) Cannabis, paraphernalia, or other property seized from a qualifying patient or primary caregiver in connection with a claimed medical use of cannabis under this part shall be returned immediately upon the determinatio…

§329-128 Fraudulent misrepresentation; penalty. (a) Notwithstanding any law to the contrary, fraudulent misrepresentation to a law enforcement official of any fact or circumstance relating to the medical use of cannabis to avoid arrest or prosecution under this part or chapter 71…

§329-129 Prohibited acts; flammable solvents. (a) No qualifying patient, primary caregiver, qualifying out-of-state patient, or caregiver of a qualifying out-of-state patient shall use butane to extract tetrahydrocannabinol from cannabis plants. (b) Any person who violates this s…

§329-130 Authorized sources of medical cannabis. (a) A qualifying patient shall obtain medical cannabis or manufactured cannabis products only: (b) A qualifying out-of-state patient and a caregiver of a qualifying out-of-state patient shall be authorized to obtain cannabis for me…

§329-14 Schedule I. (a) The controlled substances listed in this section are included in schedule I. (b) Opiates. Unless specifically excepted or unless listed in another schedule, any of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers,…

§329-16 Schedule II. (a) The controlled substances listed in this section are included in schedule II. (b) Any of the following substances, except those narcotic drugs listed in other schedules, whether produced directly or indirectly by extraction from substances of vegetable or…

§329-18 Schedule III. (a) The controlled substances listed in this section are included in schedule III. (b) Stimulants. Unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a stimulant e…

§329-2 Hawaii advisory commission on drug abuse and controlled substances; number; appointment. There shall be established a state advisory commission on drug abuse and controlled substances consisting of not more than fifteen nor less than nine members appointed by the governor,…

§329-20 Schedule IV. (a) The controlled substances listed in this section are included in schedule IV. (b) Depressants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation that contains any quantity of the following s…

§329-22 Schedule V. (a) The controlled substances listed in this section are included in schedule V. (b) Narcotic drugs containing nonnarcotic active medicinal ingredients. Any compound, mixture, or preparation containing limited quantities of any of the following narcotic drugs,…

§329-23 Republishing and distribution of schedules. [Section effective until December 31, 2023. For section effective January 1, 2024, see below.] (a) The department of public safety shall make available to the public on the department's website the schedules annually or more oft…

PART III. REGULATION OF MANUFACTURE, DISTRIBUTION, PRESCRIPTION, AND DISPENSING OF CONTROLLED SUBSTANCES §329-31 Rules. [Section effective until December 31, 2023. For section effective January 1, 2024, see below.] The department of public safety may adopt rules and charge reason…

§329-31.5 Clinics. Registration as a clinic is required when an out-patient medical facility maintains centralized ordering, storage, and record keeping of controlled substances to be administered and/or dispensed to patients. Registration of a clinic requires that: The term "aff…

§329-32 Registration requirements. (a) [Subsection effective until December 31, 2023. For subsection effective January 1, 2024, see below.] Every person who: shall obtain a registration issued by the department of public safety in accordance with the department's rules. A license…

§329-33 Registration. (a) [Subsection effective until December 31, 2023. For subsection effective January 1, 2024, see below.] The department of public safety shall register an applicant to manufacture, dispense, prescribe, distribute, or conduct reverse distribution with control…

§329-34 Revocation and suspension of registration. [Section effective until December 31, 2023. For section effective January 1, 2024, see below.] (a) A registration under section 329-33 to manufacture, distribute, dispense, or conduct reverse distribution with a controlled substa…

§329-35 Order to show cause. (a) If, upon examination of the application for registration from any applicant and other information gathered by the department regarding the applicant, the administrator is unable to make the determinations required by the applicable provisions of s…

§329-36 Records of registrants. [Section effective until December 31, 2023. For section effective January 1, 2024, see below.] Persons registered to manufacture, distribute, prescribe, dispense, or conduct reverse distribution with controlled substances under this chapter shall k…

§329-37 Filing requirements. [Section effective until December 31, 2023. For section effective January 1, 2024, see below.] All persons registered to manufacture, distribute, conduct reverse distribution, or dispense controlled substances and all persons who transport, warehouse,…

§329-38 Prescriptions. (a) No controlled substance in schedule II may be dispensed without a written prescription of a practitioner, except: (b) A schedule II controlled substance prescription shall: (c) Initial concurrent prescriptions for opioids and benzodiazepines shall not b…

§329-38.2 REPEALED. L 2018, c 153, §4.

§329-38.5 REPEALED. L 2017, c 66, §6.

§329-39 Labels. (a) Whenever a producer, manufacturer, or wholesaler of controlled substances, or a pharmacy sells or dispenses any such drug to: the producer, manufacturer, wholesaler, or pharmacist shall securely affix to each package in which that drug is contained: a label sh…

§329-40 Methadone treatment programs. (a) Notwithstanding any other provision of law to the contrary, methadone may be administered or dispensed or both as part of a state-registered and federal Substance Abuse and Mental Health Services Administration approved methadone treatmen…

PART IV. OFFENSES AND PENALTIES §329-41 Prohibited acts B--penalties. (a) It is unlawful for any person: (b) It shall be unlawful for any person subject to part III of this chapter except a pharmacist, to administer, prescribe, or dispense any controlled substance without a bona …

§329-42 Prohibited acts C--penalties. (a) It is unlawful for any person knowingly or intentionally: (b) Any person who violates this section is guilty of a class C felony. [L 1972, c 10, pt of §1; am L 1991, c 159, §14; am L 1997, c 280, §4; am L 2000, c 98, §6; am L 2006, c 69, …

§329-43.5 Prohibited acts related to drug paraphernalia. (a) Except as provided in subsection (e), it is unlawful for any person to use, or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, pr…

§329-44 Notice of conviction to be sent to licensing board, department of commerce and consumer affairs. On the conviction of any physician, osteopathic physician and surgeon, dentist, podiatrist, veterinarian, practitioner, apothecary, manufacturer, wholesaler, or producer, of t…

§329-45 REPEALED. L 1991, c 159, §15.

§329-46 Prohibited acts related to visits to more than one practitioner to obtain controlled substance prescriptions. (a) It is unlawful for any person knowingly or intentionally to visit more than one practitioner and withhold information regarding previous practitioner visits f…

PART V. ENFORCEMENT AND ADMINISTRATIVE PROVISIONS §329-51 Powers of enforcement personnel. [Section effective until December 31, 2023. For section effective January 1, 2024, see below.] Any officer or employee of the department of public safety designated by the director of publi…

§329-52 Administrative inspections. (a) The administrator or any of the administrator's agents may make administrative inspections of controlled premises upon presenting appropriate credentials to the registrant or persons subject to parts III, IV, VIII, and IX of this chapter or…

§329-54 Cooperative arrangements and confidentiality. [Section effective until December 31, 2023. For section effective January 1, 2024, see below.] (a) The department of public safety shall cooperate with federal and other state agencies in discharging its responsibilities conce…

§329-55 Forfeitures. (a) The following are subject to forfeiture according to the procedures set forth in the Penal Code: (b) Property subject to forfeiture under this chapter may be seized in accordance with the provisions of chapter 712A. (c) Controlled substances listed in sch…

§329-56 Burden of proof; liabilities. (a) It is not necessary for the State to negate any exemption or exception in this chapter in any complaint, information, indictment or other pleading or in any trial, hearing, or other proceeding under this chapter. The burden of proof of an…

§329-57 Judicial review. [Section effective until December 31, 2023. For section effective January 1, 2024, see below.] All final determinations, findings and conclusions of the department of public safety under this chapter are final and conclusive decisions of the matters invol…

§329-58 Education and research. [Section effective until December 31, 2023. For section effective January 1, 2024, see below.] (a) The department of public safety shall carry out educational programs designed to prevent and determine misuse and abuse of controlled substances. In …