Title 19, Health

§329D-13 Dispensing limits. (a) A qualifying patient, primary caregiver, qualifying out-of-state patient, or caregiver of a qualifying out-of-state patient shall be allowed to purchase no more than four ounces of cannabis within a consecutive period of fifteen days, or no more th…

[§329D-14] Prohibited acts related to exceeding limits; fraud; penalties. (a) It shall be unlawful for any person to obtain or attempt to procure any medical cannabis or medical cannabis product by: (1) Fraud, deceit, misrepresentation, embezzlement, or theft; (2) The forgery or …

§329D-15 Criminal offense; unauthorized access to retail dispensing location. (a) No person shall intentionally or knowingly enter or remain upon the premises of a medical cannabis retail dispensing location unless the individual is: (1) An individual licensee or registered emplo…

§329D-16 Criminal offense; unauthorized access to production centers. (a) No person shall intentionally or knowingly enter or remain upon the premises of a medical cannabis production center unless the person is: (1) An individual licensee or registered employee of the production…

§329D-17 Prohibition of distribution of medical cannabis and medical cannabis products to minors; penalties. (a) A person commits the offense of promoting medical cannabis or medical cannabis products to a minor if the person intentionally or knowingly distributes any amount of c…

[§329D-18] Diversion from dispensary or production center; penalties. (a) A person commits diversion from a dispensary or production center if the person is a licensee, operator, or employee of a dispensary or production center and intentionally or knowingly diverts to the person…

[§329D-19] Criminal offense; alteration or falsification of medical cannabis dispensary records. (a) A person commits the offense of alteration or falsification of medical cannabis dispensary records if the person intentionally or knowingly: (1) Makes or causes a false entry in m…

[§329D-19.5] Unlicensed operation of a dispensary; criminal penalty. (a) No person shall intentionally, knowingly, or recklessly operate a dispensary without a license issued by the department pursuant to this chapter. (b) No person shall intentionally, knowingly, or recklessly o…

§329D-2 Medical cannabis dispensaries; authorized; licensure. (a) No person shall operate a medical cannabis dispensary unless the person has a license issued by the department pursuant to this chapter. (b) The director of health shall grant medical cannabis dispensary licenses t…

§329D-2.5 Office of medical cannabis control and regulation; established; duties. (a) There is established within the department the office of medical cannabis control and regulation, which shall report to the deputy director of health resources administration. (b) The office of …

[§329D-20] Law enforcement access to dispensary and production center records. Notwithstanding any other law, the department shall disclose information, documents, and other records regarding medical cannabis dispensaries and production centers, upon request, to any state, federa…

§329D-21 Revocation and suspension of licenses. (a) In addition to any other actions authorized by law, the department may deny, revoke, or suspend any license applied for or issued by the department, in accordance with this chapter, and to fine or otherwise discipline a licensee…

§329D-22 Medical cannabis zoning. (a) Medical cannabis production centers and dispensaries shall comply with all county zoning ordinances, rules, or regulations; provided that: (1) A medical cannabis production center shall be permitted in any area in which agricultural productio…

§329D-23 Annual inspections, audits, and reports. (a) Each medical cannabis production center and dispensary licensed pursuant to this part shall: (1) Be subject to an annual announced inspection and unlimited unannounced inspections of its operations by the department; provided …

§329D-24 Cultivation of medical cannabis by qualifying patients and primary caregivers. Nothing in this chapter shall be construed as prohibiting a qualifying patient or primary caregiver from cultivating or possessing an adequate supply of medical cannabis pursuant to part IX of…

[§329D-24.5] Cannabis cultivator; license required. [Section effective January 1, 2028.] (a) Notwithstanding section 329D-24, it shall be unlawful for any person to cultivate cannabis without a license issued by the department pursuant to this section. (b) A cannabis cultivator l…

§329D-25 Coordination among state and federal agencies. The department shall initiate ongoing dialogue among relevant state and federal agencies to identify processes and policies that ensure the privacy of qualifying patients and qualifying out-of-state patients and the complian…

§329D-26 Public education. (a) The department, in conjunction with medical cannabis dispensaries and physicians and advanced practice registered nurses who issue written certifications pursuant to section 329-123, shall conduct a continuing education and training program to expla…

§329D-27 Administrative rules. (a) The department shall adopt rules pursuant to chapter 91 to effectuate the purposes of this chapter. (b) No later than January 4, 2016, the department shall adopt interim rules, which shall be exempt from chapter 91 and chapter 201M, to effectuat…

[§329D-3] Qualifications for licensure. (a) Each application for a dispensary license shall include both an individual applicant and an applying entity. (b) The application shall be submitted to the department and shall include supporting documentation to establish the following:…

§329D-4 Medical cannabis dispensaries; license application procedure and verification; fees. (a) The department shall make a medical cannabis dispensary license application form available to the public on January 11, 2016, commencing at 8:00 a.m., Hawaii-Aleutian Standard Time. (…

[§329D-5] Medical cannabis dispensaries; selection. (a) By January 4, 2016, the department shall provide for a selection process and criteria based on merit for verified applicants for medical cannabis dispensary licenses; provided that the selection process, at minimum, includes…

[§329D-5.5] Sale or transfer of dispensary license. (a) In the event of death, legal incapacity, or permanent disability of an individual dispensary licensee, the relevant entity licensee shall notify the department within thirty days of the individual licensee's inability to con…

§329D-6 Dispensary operations. (a) No person shall operate a dispensary, or engage in the production, manufacture, or sale of cannabis or manufactured cannabis products, unless the person has obtained a license from the department pursuant to this chapter. (b) No dispensary licen…

§329D-7 Medical cannabis dispensary rules. The department shall establish standards with respect to: (1) The number of medical cannabis dispensaries that shall be permitted to operate in the State; (2) A fee structure, set by rules adopted pursuant to chapter 91, for: (A) The sub…

§329D-8 Laboratory standards and testing; laboratory certification. (a) The department shall establish and enforce standards for laboratory-based testing of cannabis and manufactured cannabis products for content, contamination, and consistency; provided that in establishing thes…

[§329D-9] Manufacturing of medical cannabis products. (a) Any medical cannabis dispensary licensed by the department pursuant to this chapter shall be permitted to manufacture cannabis products; provided that the dispensary shall also obtain any other state or county permits or l…