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Medical Marijuana Caregiver - Hawaii

SUMMARY:  On June 14, 2000, Hawaii's Governor Ben Cayetano signed Senate Bill 862 into law and it became effective on December 28, 2000.  This law removed Hawaii state-level criminal penalties for the possession, use and cultivation of marijuana by Patients who have a signed statement from their doctor stating that he or she has been diagnosed with a debilitating medical condition and that the "potential benefits of medical use of marijuana would likely outweigh the health risks."   People who have been diagnosed with the following maladies are legally protected from criminal prosecution for possession, use or cultivation of marijuana:  cachexia, cancer, chronic pain, Crohn’s disease, epilepsy (and other disorders characterized by seizures), glaucoma, HIV or AIDS, multiple sclerosis (and other disorders characterized by muscle spasticity) and nausea  Any other medical conditions have to be approved by the Hawaii Department of Health.  Hawaii's medical marijuana law allows Patients (or their Primary Marijuana Caregiver) to legally possess as much as three (3) ounces of useable marijuana and allows them to grow up to seven (7) medical marijuana plants, three (3) of which may be mature and ready to harvest.  The law also provided for the establishment of a mandatory, confidential, state-run medical marijuana Patient registry which issues identification cards to qualified Patients.

MARIJUANA CAREGIVER:  Hawaii's medical marijuana caregiver statute allows for the appointment of a Primary Marijuana Caregiver, who is the person responsible for managing the well-being of the qualified medical marijuana Patient regarding their medical use of marijuana.  The law provides that the Primary Caregiver must be a person other than the Patient or his or her doctor and that the Caregiver must be at least 18 years old.  Qualified medical marijuana Patients are allowed to have only one (1) Primary Marijuana Caregiver at a time and the Primary caregiver can have only one (1) qualified medical marijuana Patient at any given time.  Hawaii's law regarding a medical marijuana Caregiver can be viewed at Haw. Rev. Stat. §§329-121; 329-123 (b), (c) (2008).

AMENDMENTS:  There have been no Amendments to Hawaii's medical marijuana law, but the state does have a separate statute which allows medical marijuana Patients who have been criminally charged with possession or use of marijuana to utilize a "choice of evils" defense, thereby arguing that their use of marijuana is medically necessary.

MEDICAL MARIJUANA STATUTES:  Hawaii's medical marijuana law can be reviewed at Haw. Rev. Stat. §§329-121 to 329-128 (2008).

RECIPROCITY:  The State of Hawaii's medical marijuana law does not include provisions of reciprocity to protect medical marijuana Patients from other medical-use states while visiting Hawaii.

CONTACT INFORMATION:  Information regarding the rules and regulations of Hawaii's medical marijuana law is available online from the Drug Policy Forum of Hawaii.

Patient and Caregiver application information for Hawaii's medical marijuana caregiver and patient program is available at the Hawaii Department of Public Safety, 919 Ala Moana Boulevard, Honolulu, HI 96814 -- (808) 594-0150.

 

Hawaii Medical Marijuana Statistics:

Year Law Passed

Voter Percentage

Patient Fee

Approved Patients 2011

Possession Limit

Accepts other State Cards

2000

State Senate 13-12

$ 25

4,042

3 oz usable, 7 plants
(3 mature, 4 immature)

No

 

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