dispensary: means a person licensed by the State pursuant to this chapter to own, operate, or subcontract no more than three production centers and up to two retail dispensing locations. See Hawaii Revised Statutes 329D-1
dispensing: means the act of a licensed dispensary providing cannabis or manufactured cannabis products to a qualifying patient, primary caregiver, qualifying out-of-state patient, or caregiver of a qualifying out-of-state patient for a fee. See Hawaii Revised Statutes 329D-1
Manufacture: means the preparation, propagation, compounding, conversion, or processing of a substance containing cannabis or its principal psychoactive constituent tetrahydrocannabinol, either directly or indirectly, by a person other than a qualifying patient, primary caregiver, qualifying out-of-state patient, or caregiver of a qualifying out-of-state patient for the qualifying patient's or qualifying out of state patient's use, by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container. See Hawaii Revised Statutes 329D-1
Person: means an individual, firm, corporation, partnership, association, or any form of business or legal entity. See Hawaii Revised Statutes 329D-1
Production: includes the manufacture of medical cannabis products pursuant to this chapter. See Hawaii Revised Statutes 329D-1
production center: means a farm or series of structures located within the same secured perimeter fence-line wholly owned, operated, or subcontracted by a person licensed by the State pursuant to this chapter as a medical cannabis dispensary that produces cannabis and manufactured cannabis products to supply cannabis and manufactured cannabis products to one or more of the retail dispensing locations of any licensed medical cannabis dispensary. See Hawaii Revised Statutes 329D-1
Retail dispensing location: means an establishment owned, operated, or subcontracted by a medical cannabis dispensary where cannabis and manufactured cannabis are made available for retail sale to a qualifying patient, primary caregiver, qualifying out-of-state patient, or caregiver of a qualifying out-of-state patient. See Hawaii Revised Statutes 329D-1
(b) The director of health shall grant medical cannabis dispensary licenses to allow dispensaries to produce, manufacture, and dispense cannabis and manufactured cannabis products pursuant to this chapter.(c) Each medical cannabis dispensary license shall allow production, manufacture, and dispensing of cannabis and manufactured cannabis products only in the county for which the license is granted.(d) The department shall issue eight dispensary licenses statewide; provided that three dispensary licenses shall be issued for the city and county of Honolulu, two dispensary licenses each shall be issued for the county of Hawaii and the county of Maui, and one dispensary license shall be issued for the county of Kauai; provided further that no dispensary license shall be issued for the county of Kalawao.(e) No person may be granted a dispensary license in more than one county.(f) No more than three production centers shall be allowed under each dispensary license; provided that, except as otherwise specified in subsection (k), each production center shall be limited to no more than five thousand cannabis plants. For purposes of this subsection, “plant” means a cannabis plant that is greater than twelve vertical inches in height from where the base of the stalk emerges from the growth medium to the tallest point of the plant, or greater than twelve horizontal inches in width from the end of one branch to the end of another branch; provided that multiple stalks emanating from the same root ball or root system shall be considered part of the same single plant.(g) A dispensary licensee may establish up to two retail dispensing locations under the licensee’s dispensary license, except as otherwise specified in subsection (l).(h) Each dispensary licensee may commence dispensing medical cannabis and manufactured cannabis products to qualifying patients or primary caregivers no sooner than July 15, 2016, with approval by the department, in accordance with this chapter.(i) Retail dispensing locations shall not be at the same location as the dispensary licensee’s production centers.(j) Notwithstanding subsection (d), the department shall determine whether, based on the qualifying patient need, additional dispensary licenses shall be offered to qualified applicants in the State after October 1, 2018; provided that the department shall make available not more than one license per five hundred qualifying patients residing in any single county; provided further that in considering whether to award a new license, the department shall consider an applicant’s capability to serve and supply medical cannabis to qualified patients in a rural or underserved geographical area of a county; provided further that a “rural or underserved geographical area” shall be determined by considering the number of registered medical cannabis patients that reside within a certain zip code compared to the quantity of medical cannabis that the closest production center and retail dispensing location have the capability to provide.(k) Notwithstanding any provision of subsection (f) to the contrary, the department may allow any dispensary licensee an additional two thousand five hundred cannabis plants at each of the licensee’s production centers; provided that the licensee shall be allowed no more than fifteen thousand cannabis plants in total across all of the licensee’s production centers; provided further that in no case shall a licensee be allowed more than seven thousand five hundred plants at a single production center.(l) Notwithstanding any provision of subsection (g) to the contrary, the department may determine whether dispensary licensees shall be allowed no more than two additional retail dispensing locations per licensee. In considering whether to allow additional retail dispensing locations, the department shall consider the licensee’s capability to serve and supply medical cannabis to qualifying patients in a rural or underserved geographical area of a county. For purposes of this subsection, a “rural or underserved geographical area” shall be determined by considering the number of registered medical cannabis patients who reside within a certain zip code compared to the quantity of medical cannabis that the closest production center and retail dispensing location have the capability to provide.(m) Notwithstanding any other law to the contrary, a dispensary shall not be subject to the prescription requirement of section 329-38 or to the board of pharmacy licensure or regulatory requirements under chapter 461.
