Title 19, Health

[§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…

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] Penalties under other laws. Any penalty imposed for violation of this chapter is in addition to, and not in lieu of, any civil or administrative penalty or sanction otherwise authorized by law. [L 1972, c 10, pt of §1]

§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…

[§329-43.6] Overdose prevention; limited immunity. (a) As used in this section: "Drug or alcohol overdose" means: "Seeks medical assistance" or "seeking medical assistance" includes but is not limited to reporting a drug or alcohol overdose to law enforcement, the 911 system, a p…

§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…

§329-46 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…

[§329-49] Administrative penalties. (a) Any person who violates this chapter or any rule adopted by the department pursuant to this chapter shall be fined not more than $10,000 for each separate offense. Any action taken to collect the penalty provided for in this subsection shal…

[§329-50] Injunctive relief. The administrator may institute a civil action in any court of competent jurisdiction for injunctive relief to prevent any violation of this chapter or any rule adopted to implement this chapter. The court shall have powers to grant relief in accordan…

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…

[§329-53] Injunctions. (a) The circuit courts of this State may exercise jurisdiction to restrain or enjoin violations of this chapter. (b) The defendant may demand trial by jury for an alleged violation of an injunction or restraining order under this section. [L 1972, c 10, pt …

§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 …

§329-59 Controlled substance registration revolving fund; established. (a) [Subsection effective until December 31, 2023. For subsection effective January 1, 2024, see below.] There is established within the state treasury the controlled substance registration revolving fund. The…

PART VI. REGULATED CHEMICALS FOR THE MANUFACTURE OF CONTROLLED SUBSTANCES §329-61 Substances subject to reporting. (a) List 1 chemicals. Any manufacturer, wholesaler, retailer, or other person who sells, transfers, or otherwise furnishes any of the following substances to any per…

[§329-62] Proper identification. (a) Any manufacturer, wholesaler, retailer, or other person who receives from a source outside of the State any substance specified in section 329-61 prior to selling, transferring, or otherwise furnishing any substance specified in section 329-61…

§329-63 Person required to keep records and file reports. (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, or an encapsulating or tablet…