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HI Marijuana Laws

June 14, 2000, Hawaii Governor Ben Cayetano, signed Senate Bill 862 (effective December 28, 2000), removing state-level criminal penalties on the use, possession and cultivation of marijuana, by patients who possess a signed statement from their physicians, affirming that he or she is diagnosed with a debilitating condition, and the “potential benefits of medical  use of marijuana would likely outweigh the health risks.”

June 25, 2013, House Bill 668 was amended, establishing a medical marijuana registry fund to pay for the program. It also transferred the program from the Department of Public Safety to the Department of Public Health, by no later than January 01, 2015.

January 02, 2015, the Senate Bill 642 was amended, defining “adequate supply” as seven cannabis plants total, regardless of maturity. It further states that medical marijuana recommendations may only be made by the qualifying patient’s primary care physician.

July 14, 2015, Act 241 was amended, creating and regulating, a statewide dispensary system for medical marijuana, while further adding Post Traumatic Stress Disorder (PTSD) to the official list of qualifying medical conditions.

Hawaii Medical Marijuana Law

“The Hawaii Medical Marijuana Act” — SENATE BILL 862

REPORT TITLE: Medical Use of Marijuana

DESCRIPTION: Allows for the acquisition, possession, cultivation, distribution, transportation, administration, and use of marijuana for medical purposes.

THE SENATE S.B. NO. 862 TWENTIETH LEGISLATURE, 1999 STATE OF HAWAII A BILL FOR AN ACT RELATING TO MEDICAL USE OF MARIJUANA.BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that modern medical research has discovered a beneficial use for marijuana in alleviating certain serious illnesses. Medical usage of marijuana has been permitted in California, Arizona, Oregon, Washington, and Alaska.

The legislature further finds that allowing the medical use of marijuana could promote Hawaii as being an international center for medical treatment and research.

The legislature further finds that although federal law prohibits marijuana use, states are not required to enforce federal law and the State is not precluded from passing its own laws. The purpose of this Act is to ensure that seriously ill people are not penalized for the use of marijuana for strictly medical purposes when the patient’s treating physician provides a professional opinion that marijuana is medically beneficial to the patient.

SECTION 2. Chapter 329, Hawaii Revised Statutes is amended by adding a new part to be appropriately designated and to read as follows:

PART. MEDICAL USE OF MARIJUANA

§329-A Definitions. As used in this part: “Adequate supply” means an amount of marijuana that is not more than is necessary to assure, throughout the projected course of treatment, the uninterrupted availability for purposes of alleviating the symptoms or effects of a qualifying patient’s 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: cachexia or wasting syndrome; severe pain; severe nausea; seizures, including those characteristic of epilepsy; or severe and persistent muscle spasms, including those characteristic of multiple sclerosis; or Any other medical condition approved by the department of health pursuant to administrative rules in response to a request from a physician or qualifying patient.

“Marijuana” shall have the same meaning as provided in section 329-1.

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Offense

Penalty

Incarceration

Max. Fine

Possession

Personal Use
Less than 1 oz. Misdemeanor 30 days

$1,000

1 oz. to 1 lb. Misdemeanor 1 year

$2,000

With Intent To Distribute
1 lb to 2 lbs Felony 5 years

$10,000

2 lbs to 25 lbs. Felony 10 years

$25,000

25 lbs. or more Felony 20 years

$50,000

Within 750 feet of school grounds or a park, or on or within 10 feet of a parked school vehicle. Felony 5 years

$10,000

Sale or Delivery

Less than 1 oz. Misdemeanor 1 year

$2,000

1 oz. to 1 lb. Felony 5 years

$10,000

1 lb. to 5 lbs. Felony 10 years

$25,000

5 lbs. or more Felony 20 years

$50,000

Within 750 feet of school grounds or a park, or on or within 10 feet of a parked school vehicle. Felony 5 years

$10,000

Cultivation

25-50 plants Felony 5 years

$10,000

50-100 plants Felony 10 years

$25,000

100 or more plants Felony 20 years

$50,000

Less than 25 plants on another’s property. Felony 10 years

$25,000

More than 25 plants on another’s property. Felony 20 years

$50,000

In a structure where a minor under 16 years is present carries additional penalty.

Hash & Concentrates

Possession Misdemeanor 1 year

$2,000

Distribution Felony 10 years

$25,000

Civil Asset Forfeiture

Vehicles and other assets can be seized in a civil proceeding, regardless of whether criminal charges are brought.

Miscellaneous (license suspensions, civil damages, etc…)

Promoting through a minor Felony 10 years

$25,000

Within school grounds, school vehicles, or a public park. Felony 20 years

$50,000

Discovery of marijuana in a vehicle may result in each occupant being charged with possession.

Finally, a helpful & informative website! MarijuanaDoctors.com answered all of my medical marijuana questions and helped me schedule an appointment with an accredited doctor in my area.~Susan - Denver, CO