Hawaii Patient

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II. Becoming A Patient

A. How to become a medical marijuana patient in the state of Hawaii

Under Hawaii's medical marijuana law the registration requirements are as follows:

• 1. Physicians who issue written certification shall register the names, addresses, patient identification numbers, and other identifying information of the patients issued written certifications with the department of public safety;

  2. Qualifying patients shall register with the department of public safety. Such registration shall be effective until the expiration of the certificate issued by the physician. Every qualifying patient shall provide sufficient identifying information to establish personal identity of the qualifying patient and the primary caregiver, if one exists. Qualifying patients shall report changes in information within five working days.

B. Registration Fee

The Department shall issue to the qualifying patients a registration certificate, and may charge a reasonable fee not to exceed $25.

C. Eligible medical conditions: "Debilitating Medical Condition"

"Debilitating medical condition" means:

• 1. Cancer, glaucoma, 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:

     1. 1. Cachexia or wasting syndrome;

        2. Severe pain;

        3. Severe nausea;

        4. Seizures, including those characteristic of epilepsy; or

        5. Severe and persistent muscle spasms, including those characteristic of multiple sclerosis or Crohn's disease; 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 potentially qualifying patient.

D. Written Certification Must be Provided to Prove Eligibility

Pursuant to Hawaii's medical marijuana law, "written certification" means "the qualifying patient's medical records or a statement signed by a qualifying patient's physician, stating that in the physician's professional opinion, the qualifying patient has a debilitating medical condition and the potential benefits of the medical use of marijuana would likely outweigh the health risks for the qualifying patient.

The department of public safety may require, through its rule making authority, that all written certifications comply with a designated form. "Written certifications" are valid for only one year from the time of signing.

A patient who has been diagnosed with any of the above shown conditions and wishes to become a registered medical marijuana patient in the state of Hawaii should do the following:

• 1. Ask their physician to request a written certification form from the Narcotics Enforcement Division of the Department of Public Safety at

  2. (808) 837-8470;

  3. Send the completed certification form along with a copy of the patient's photo ID and a check for the registration fee ($25 for the patient plus $25 for the caregiver, if any) to the following address:

     1. Narcotics Enforcement Division (NED)

     2. 3375 Koapaka St., Suite D-100

     3. Honolulu, HI 96819

E. Finding a Doctor

Under Hawaii's medical marijuana law, a "physician" is defined as a person who is licensed under chapters 453 and 460, and is licensed with authority to prescribe drugs and is registered under section 329-32. However, "physician" does not include physician's assistant as described in section 453-5.3.

Hawaii, like other states that allow medical marijuana, protects treating physicians from arrest, prosecution, being penalized in any manner, or denied any right or privilege for providing written certification for the medical use of marijuana for a qualifying patient. Additionally, the federal government recognized physicians' 1st amendment right to recommend marijuana for medical purposes in the case Conant v. Walters (2002).

In order for physicians to qualify for these protections, they must do the following:

• 1. Diagnose the patient as having a debilitating medical condition;

  2. Explain the potential risks and benefits of the medical use of marijuana;

  3. Provide a professional opinion after having completed a full assessment of the patient's medical history and current medical condition made in the course of a bona fide physician-patient relationship; and

  4. Comply with the registration requirements of Hawaii's medical marijuana law.

F. Renewal Applications

Once per year, patients must resubmit their applications and fees, including an updated physician's statement, in order for their registration certificates to remain valid. Additionally, patients must notify the registry within 5 days of any change in the name or address of a patient or their physician or caregiver(s).

G. Age Limits

If the patient is a minor (under 18 years of age), the following additional regulations apply:

• 1. The patient's physician must explain the risks and benefits of medical marijuana use to the patient's parent(s)/guardian; and

  2. The patient's parent(s)/guardian consent in writing to:

     1. 1. Allow the patient's medical use of marijuana;

        2. Serve as the qualifying patient's primary caregiver; and

        3. Control the acquisition, dosage, and frequency of use by the patient.

H. Personal Records

Americans for Safe Access strongly urges all patients to keep copies of all paperwork they have related to their status as a medical marijuana patient as proof of legal status. This is meant to protect patients from possible future encounters with law enforcement agents.

III. Limitations and Protections under the Initiative

Hawaii defines "medical use" as the acquisition, possession, cultivation, use, distribution, or transportation of marijuana or paraphernalia relating to the administration of marijuana to alleviate the symptoms or effects of a qualifying patient's debilitating medical condition. With regards to the above definition for "medical use," the term distribution is limited to the transfer of marijuana and paraphernalia from the primary caregiver to the qualifying patient.

A. Possession and Growing Limitations

Hawaiians are permitted to maintain an "adequate supply" of medical marijuana. "Adequate supply" is defined as "an amount of marijuana jointly possessed between the qualifying patient and the primary caregiver (if one is needed) that is not more than is reasonably necessary to assure the uninterrupted availability of marijuana for the purpose of alleviating the symptoms or effects of a qualifying patient's debilitating medical condition; provided that an "adequate supply" does not exceed the statutory limitations.

Hawaii's statutory medical marijuana limitations for possession and cultivation are as follows:

1. Three mature plants; and

2. Four immature plants; and

3. One ounce of usable marijuana per mature plant

Additionally, under the Hawaii state medical marijuana law, "marijuana concentrate" is defined as being identical to "marijuana" for medical purposes. Therefore, forms of concentrated cannabis such as hash, oils, edibles, and any other substances derived from marijuana are afforded the same protections as marijuana itself.

B. Consumption of Medical Marijuana

Under Hawaii law, the medical use of marijuana is prohibited under the following circumstances:

• 1. If it in any way that endangers the health or well-being of another person; or

  2. In a school bus, public bus, or any moving vehicle;

  3. In the workplace of one's employment;

  4. On any school grounds;

  5. At any public park, public beach, public recreation center, recreation or youth center; or

  6. In any correctional facility or other state monitored facility; or

  7. Other place open to the public; and

  8. The consumption of marijuana by a qualifying patient, parent, or primary caregiver for purposes other than for medical purposes.

C. Paraphernalia associated with medical use

Paraphernalia associated with the medical use of marijuana is permitted under Hawaii law. "Medical use" means the acquisition, possession, cultivation, use, distribution, or transportation of marijuana or paraphernalia relating to the administration of marijuana to alleviate the symptoms or effects of a qualifying patient's debilitating medical condition.

D. Access to Medical Marijuana

The Hawaii state medical marijuana law does not provide any method for patients to receive medical marijuana. There is no place in the State of Hawaii to legally purchase medical marijuana. Qualified medical marijuana patients cannot go to a pharmacy to fill a prescription for medical marijuana. Pharmacies can only dispense medications that are "prescribed."

Marijuana is currently classified by the federal government as a Schedule I drug. This means that it cannot be "prescribed" by any health care professional. Federal law only allows doctors to "recommend" medical marijuana. Patients or their caregivers are allowed to grow medical marijuana only for the patient's private use, but makes no provisions for a supply or source.

The State of Hawaii will not supply any registered patients or caregivers with seeds or starter plants, nor will they give any patients or caregivers any advice on how to grow medical marijuana.

E. Growing/Dispensing Collectives and Cooperatives

Hawaii does not provide for a legal means of supplying marijuana. Therefore, no license to grow or sell marijuana is available. The law does not address the issue of whether or not patients can form growing cooperatives. ASA recommends against patients and caregivers consulting with law enforcement before forming a growing cooperative.

Instead, ASA feels that pressure should be put on the State of Hawaii to allow for collective and cooperative operations. Additionally, ASA recommends that patient's contact the following organizations for further information:

State registration program

Dept. of Public Safety