329-121 Definitions
329-122 Medical use of cannabis; conditions of use
329-123 Registration requirements
329-124 Insurance not applicable
329-125 Protections afforded to a qualifying patient or primary caregiver
329-125.5 Medical cannabis patient and caregiver protections
329-125.6 Protections afforded to an owner or qualified employee of a licensed medical cannabis dispensary
329-126 Protections afforded to a treating physician or advanced practice registered nurse
329-127 Protection of cannabis and other seized property
329-128 Fraudulent misrepresentation; penalty
329-129 Prohibited acts; flammable solvents
329-130 Authorized sources of medical cannabis
329-131 Prescription and pharmacy requirements not applicable

Terms Used In Hawaii Revised Statutes > Chapter 329 > Part IX

  • Address: means , with respect to prescriptions, the physical location where an individual resides such as:

         (1)  Street address, city, and state;

         (2)  Tax map key number; or

         (3)  The description of a physical location. See Hawaii Revised Statutes 329-1

  • Adequate supply: means an amount of medical cannabis jointly possessed between the qualifying patient and the primary caregiver that is not more than is reasonably necessary to ensure the uninterrupted availability of cannabis for the purpose of alleviating the symptoms or effects of a qualifying patient's debilitating medical condition; provided that an "adequate supply" shall not exceed:  ten cannabis plants, whether immature or mature, and four ounces of usable cannabis at any given time. See Hawaii Revised Statutes 329-121
  • 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
  • Advanced practice registered nurse with prescriptive authority: means a person licensed under section 457-8. See Hawaii Revised Statutes 329-1
  • Debilitating medical condition: means :

         (1)  Cancer, glaucoma, lupus, epilepsy, multiple sclerosis, rheumatoid arthritis, positive status for human immunodeficiency virus, acquired immune deficiency syndrome, or the treatment of these conditions;

         (2)  A chronic or debilitating disease or medical condition or its treatment that produces one or more of the following:

              (A)  Cachexia or wasting syndrome;

              (B)  Severe pain;

              (C)  Severe nausea;

              (D)  Seizures, including those characteristic of epilepsy;

              (E)  Severe and persistent muscle spasms, including those characteristic of multiple sclerosis or Crohn's disease; or

              (F)  Post-traumatic stress disorder; or

         (3)  Any other medical condition approved by the department of health pursuant to administrative rules in response to a request from a physician or advanced practice registered nurse or potentially qualifying patient. See Hawaii Revised Statutes 329-121

  • Department: means the department of commerce and consumer affairs. See Hawaii Revised Statutes 329-74
  • Department: means the department of public safety. See Hawaii Revised Statutes 329-1
  • Director: means the director of commerce and consumer affairs. See Hawaii Revised Statutes 329-74
  • Identification number: means , with respect to a patient:

         (1)  The patient's unique valid driver's license number or state identification card number, followed by the abbreviation of the state issuing the driver's license or state identification card, or the patient's military identification number;

         (2)  If the patient is a foreign patient, the patient's passport number;

         (3)  If the patient does not have a valid driver's license, state identification card, or military identification, the patient's social security number;

         (4)  If the patient is less than eighteen years of age and has none of the identification referred to in paragraph (1), (2), or (3), the unique number on the valid driver's license, state identification card, military identification, or passport of the patient's parent or guardian; or

         (5)  If the controlled substance is obtained for an animal, the unique number of the animal's owner as described in paragraph (1), (2), or (3). See Hawaii Revised Statutes 329-1

  • Marijuana: means all parts of the plant (genus) Cannabis whether growing or not; the seeds thereof, the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. See Hawaii Revised Statutes 329-1
  • 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
  • Occupational therapist: means a person who engages in the practice of occupational therapy in this State. See Hawaii Revised Statutes 329-74
  • Occupational therapy assistant: means a person who engages in the practice of occupational therapy under the supervision of and in partnership with an occupational therapist. See Hawaii Revised Statutes 329-74
  • 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
  • Physician assistant: means a person licensed under section 453-5. See Hawaii Revised Statutes 329-1
  • Physician-patient relationship: means the collaborative relationship between physicians and their patients. See Hawaii Revised Statutes 329-1
  • Prescribe: means to direct, designate, or order the use of a formula for the preparation of a medicine for a disease or illness and the manner of using them. See Hawaii Revised Statutes 329-1
  • Prescription: means an order for medication, which is dispensed to or for an ultimate user. See Hawaii Revised Statutes 329-1
  • Primary caregiver: means a person eighteen years of age or older, other than the qualifying patient and the qualifying patient's physician or advanced practice registered nurse, who has agreed to undertake responsibility for managing the well-being of the qualifying patient with respect to the medical use of cannabis. See Hawaii Revised Statutes 329-121
  • Production: includes the manufacture, planting, cultivation, growing, or harvesting of a controlled substance. See Hawaii Revised Statutes 329-1
  • Qualifying patient: means a person who has been diagnosed by a physician or advanced practice registered nurse as having a debilitating medical condition. See Hawaii Revised Statutes 329-121
  • State: when applied to a part of the United States, includes any state, district, commonwealth, territory, insular possession thereof, and any area subject to the legal authority of the United States of America. See Hawaii Revised Statutes 329-1
  • System: means an electronic prescription accountability system as described in part VIII. See Hawaii Revised Statutes 329-1
  • Usable cannabis: means the dried leaves and flowers of the plant Cannabis family Moraceae, and any mixture or preparation thereof, that are appropriate for the medical use of cannabis. See Hawaii Revised Statutes 329-121
  • Written certification: means the qualifying patient's medical records or a statement signed by a qualifying patient's physician or advanced practice registered nurse, stating that in the physician's or advanced practice registered nurse's professional opinion, the qualifying patient has a debilitating medical condition and the potential benefits of the medical use of cannabis would likely outweigh the health risks for the qualifying patient. See Hawaii Revised Statutes 329-121