Hawaii Cannabis Laws

Is cannabis legal in Hawaii?

Hawaii has legalized medical marijuana, but non-medical, adult use of cannabis is still prohibited. Cannabis has been decriminalized in Hawaii.

What are the medical marijuana laws in Hawaii?

Medical cannabis laws in Hawaii

2000

Governor Ben Cayetano signed Senate Bill 862 (SB 862), removing state-level penalties for the use, possession, and cultivation of cannabis by those with a signed statement from a physician recommending cannabis for their condition. Act 228 creates The Medical Cannabis Registry Program and allows patients and their caregivers to grow cannabis.

2013

House Bill 668 (HB 668) is amended, transferring the medical marijuana program from the Department of Public Safety to the Department of Public Health from 2015 onwards. A medical marijuana registry fund is also implemented to pay for the program.

2015

Senate Bill 642 (SB 642) is amended, defining the patient’s “adequate supply” as seven plants or less, regardless of the maturity of the cannabis plant.

2015

PTSD is added to the list of qualifying conditions in Hawaii.

Recreational cannabis laws in Hawaii

Non-medical, recreational, adult-use marijuana is illegal in Hawaii. Possession of 3 grams or less is decriminalized.

What medical conditions qualify for a Medical Marijuana Card in Hawaii?

The Hawaii law lists the following medical conditions as qualifiers for a medical cannabis card:

• Cachexia or wasting syndrome
• Cancer
• Chronic and/or severe pain
• Crohn’s disease
• Lupus
• Multiple sclerosis (M.S.), or any condition that causes severe and persistent muscle spasms
• Post-Traumatic Stress Disorder (PTSD)
• Rheumatoid arthritis
• Seizures, such as those caused by epilepsy
• Severe autism
• Severe nausea

How do I get certified for medical cannabis in Hawaii?

You can get your Hawaii Medical Marijuana Card in 4 simple steps:

• Register online with Leafwell (opening soon!)
  • Create an account online; then, you can speak to a doctor and qualify for a Hawaii medical marijuana card. You are only billed if approved.
• Attend your appointment and discuss with your physician why you would like an MMJ Card
  • The doctor will review your medical records and ask you questions based on your medical history. They will advise on whether medical marijuana is a good choice for you.
• Complete the medical marijuana application on the government website – called a “329 application.”
  • After your appointment, you’ll receive the following steps to help guide you through the state process. The state will then contact the physician to verify that they have approved you.
• Complete the medical marijuana application on the government website
  • The state will review your application and will be emailed once approved. You can then login and download a copy of your card. The card is valid for one year.

Is telemedicine allowed for medical cannabis consultations in Hawaii?

Yes, telemedicine is legal in Hawaii, and you can get certified for cannabis online.

How much cannabis can I possess in Hawaii with an MMJ Card?

In Hawaii, you can possess the following amounts with a valid MMJ Card:

• Four ounces of usable marijuana
• 3.5 grams of concentrated cannabis

This is the maximum amount in a fifteen (15) day period

Is it legal to grow cannabis in Hawaii?

Qualified medical marijuana patients can grow their cannabis in Hawaii – up to 10 plants at a single location owned by the patient and/or caregiver (total amount no more than 10 plants).

Does Hawaii accept out-of-state cards?

Hawaii does not have medical marijuana reciprocity; therefore, it does not recognize medical marijuana cards from other states.

Hawaii allows out-of-state U.S. citizens to apply for its medical marijuana program.

Will my Hawaii card be accepted in other states?

A Hawaii medical marijuana card is valid in some states with a medical marijuana program and reciprocity.

The following states accept or recognize out-of-state medical marijuana cards:

• Arizona
• Maine
• Massachusetts
• Michigan
• Montana
• Nevada
• New Hampshire
• New Jersey
• New Mexico
• Oklahoma
• Puerto Rico
• Rhode Island
• U.S. Virgin Islands
• Utah
• Washington, D.C.

However, this does not always mean you can purchase cannabis at a medical marijuana dispensary (non-medical adult use is acceptable) – just that the state’s medical marijuana laws protect you to some extent. It is wise to call the dispensary ahead if you are a medical cannabis patient from another state and intend to purchase medical marijuana.

The qualifying condition usually has to match between states, so if your qualifying condition is accepted in one state and not your visiting state, your recommendation is not necessarily valid. You are also accountable to the visiting state’s medical marijuana laws, not the state that issued your card.

The following states accept out-of-state applications, allowing visiting patient application to use medical cannabis for the duration of their stay:

• Arkansas
• California
• West Virginia (cancer patients only)

Are there employment laws protecting medical cannabis cardholders in Hawaii?

State Bill 2543 SD 2 HD1 states:

“Prohibits an employer from discriminating against a person in hiring, termination, or term or condition of employment based on the person’s status as a medical cannabis cardholder, under certain conditions. Specifies that an employer may use a fit-for-duty test as a tool for medical cannabis users in potentially dangerous occupations. Exempts certain occupations.”

However, this may not be effective until 2050! Also, until recently, the state has often sided with employers regarding drug-free workplace policies. These laws will not likely protect those working in federal jobs or transport.

What are the medical cannabis product testing requirements in Hawaii?

Testing is done for pesticides, as well as for heavy metals, solvents, moisture content, microbial contaminants, intestinal bacteria and pathogens, “dangerous molds that can cause infection and disease,” and “toxins produced by molds.”

Where is it safe to purchase cannabis in Hawaii?

In all states with a medical marijuana program, the only way to purchase medicinal cannabis products is via a legally-licensed dispensary or pharmacy or another legally designated space to buy cannabis. Only those with a legal license to sell cannabis can do so.

Where is it safe to consume marijuana in Hawaii?

All states with a medical marijuana program have some restrictions on where a person can legally use cannabis. Near schools, nurseries, parks, or other places where children are expected to be, using cannabis is illegal. Use of cannabis on or in federal land or buildings, hospitals, or other such healthcare space is also illegal. Private members’ clubs and landowners may also prohibit cannabis use on their property or restrict it at their discretion.

The safest place to use medical cannabis is in the safety of your own home. It is wise to use common sense, generally keep consumption out of public view, and utilize discreet consumption methods wherever possible.