Title 19, Health

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…

[§329-103] Designated state agency. The designated state agency shall:

§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…

[§329-12] Nomenclature. The controlled substances listed or to be listed in the schedules in sections 329-14, 329-16, 329-18, 329-20, and 329-22 are included by whatever official, common, usual, chemical, or trade name designated. [L 1972, c 10, pt of §1]

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…

[§329-123.2] Qualifying patient medical records; inspection and enforcement; authority. (a) The department may inspect a qualifying patient's medical records held by the physician, advanced practice registered nurse, or hospice provider who issued a written certification for the …

§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…

[§329-124] Insurance not applicable. This part shall not be construed to require insurance coverage for the medical use of cannabis. [L 2000, c 228, pt of §2; am L 2017, c 170, §2]

§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…

[§329-13] Schedule I tests. A substance shall be placed in schedule I if it has the highest degree of danger or probable danger according to the determination made pursuant to section 329-11. [L 1972, c 10, pt of §1]

§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…

[§329-131] Prescription and pharmacy requirements not applicable. Notwithstanding any other law to the contrary, the prescription requirements of section 329-38 and the board of pharmacy licensure or regulatory requirements under chapter 461 shall not apply to the medical use of …

[§329-132] Violations; penalties. (a) In addition to any other penalties allowed by law, any person who violates this part or rules adopted pursuant to this part shall be fined not more than $5,000 for each separate violation. Each day on which a violation occurs or continues sha…

§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,…

[§329-15] Schedule II tests. A substance shall be placed in schedule II if it has a high degree of danger or probable danger according to the determination made pursuant to section 329-11. [L 1972, c 10, pt of §1]

§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…

[§329-17] Schedule III tests. A substance shall be placed in schedule III if the substance has a degree of danger or probable danger less than the substances listed in schedules I and II according to the determination made pursuant to section 329-11. [L 1972, c 10, pt of §1]

§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…

[§329-19] Schedule IV tests. A substance shall be placed in schedule IV if the substance has a degree of danger or probable danger less than the substances listed in schedule III according to the determination made pursuant to section 329-11. [L 1972, c 10, pt of §1]

§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…

[§329-21] Schedule V tests. A substance shall be placed in schedule V if it has a degree of danger or probable danger less than the substances listed in schedule IV according to the determination made pursuant to section 329-11. [L 1972, c 10, pt of §1]

§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…

[§329-3] Annual report. The commission shall prepare and present to the governor in the month of January in each year a report respecting its actions during the preceding fiscal year, together with its recommendations respecting legislation, copies of which reports shall be furni…

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,…

[§329-37.5] Mandatory reporting. (a) Notwithstanding any other law concerning confidentiality to the contrary, the holder of a registration issued under section 329-32 who, in the holder's professional or official capacity, has reason to believe that a controlled substance in the…

§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…

§329-39 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…

[§329-39.5] Opioid warning label. In addition to any requirements for labeling of drugs under part I of chapter 328, part III of this chapter, and any other requirement for labeling of prescription drugs pursuant to state or federal law, a health care professional or pharmacist w…

§329-4 Duties of the Hawaii advisory commission on drug abuse and controlled substances. The Hawaii advisory commission on drug abuse and controlled substances shall:

§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…