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 712 shall be a petty misdemeanor and subject to a fine of $500.

Terms Used In Hawaii Revised Statutes 329-128

  • Advanced practice registered nurse: means an advanced practice registered nurse with prescriptive authority as described in section 457-8. See Hawaii Revised Statutes 329-121
  • Medical use: means the acquisition, possession, cultivation, use, distribution, or transportation of cannabis or paraphernalia relating to the administration of cannabis to alleviate the symptoms or effects of a qualifying patient's debilitating medical condition. See Hawaii Revised Statutes 329-121
  • Person: means individual, corporation, government, or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Hawaii Revised Statutes 329-1
  • Physician: means a person who is licensed to practice under chapter 453 and is licensed with authority to prescribe drugs and is registered under section 329-32. See Hawaii Revised Statutes 329-121

     (b)  Notwithstanding any law to the contrary, fraudulent misrepresentation to a law enforcement official of any fact or circumstance relating to the issuance of a written certificate by a physician or advanced practice registered nurse not covered under section 329-126 for the medical use of cannabis shall be a misdemeanor.  This penalty shall be in addition to any other penalties that may apply for the non-medical use of cannabis.  Nothing in this section is intended to preclude the conviction of any person under section 710-1060 or for any other offense under part V of chapter 710.