Title 19, Health

§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: (1) From a dispensary licensed pursuant to chapter 329D; provided that the cannabis shall be purchased and paid for at the time of purch…

[§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: (1) Each loca…

§329-32 Registration requirements. (a) [Subsection effective until December 31, 2023. For subsection effective January 1, 2024, see below.] Every person who: (1) Manufactures, distributes, prescribes, dispenses, or conducts reverse distribution with any controlled substance withi…

§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: (1) In the case of an emergency situation, a pharmacist may dispense a controlled substance listed in schedule II upon receiving oral autho…

§329-39 Labels. (a) Whenever a producer, manufacturer, or wholesaler of controlled substances, or a pharmacy sells or dispenses any such drug to: (1) A producer, manufacturer, or wholesaler of controlled substances; or (2) A pharmacy, physician, dentist, podiatrist, veterinarian,…

[§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: (1) Assist the department of health in coordinating all action programs of community agencies (state, county, mil…

§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: (1) Who is subject to part III to distribute, administer, prescribe, or dispense a controlled substance in violation of section 329-38 or rules authorized under section 329-31…

§329-42 Prohibited acts C--penalties. (a) It is unlawful for any person knowingly or intentionally: (1) To distribute as a registrant a controlled substance classified in schedule I or II, except pursuant to an order form as required by section 329-37; (2) To use in the course of…

[§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: (1) A condition, including but not limited to extreme physical illness, decreased level of consciousness, respiratory depression, coma, mania, or death, that is the r…

§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…