Overview of Key Hawaii Cannabis Laws
Is medical cannabis allowed? Yes
Is adult-use cannabis allowed? No
Personal Laws
Beginning on January 11, 2020, possession of up to three grams of marijuana will be punishable with a fine of $130. Until that date, possession of just three grams or less of cannabis is a misdemeanor punishable with a find up to $1,000 and one year in prison.
Personal Possession
Registered Medical Patient Possession: Up to 4 oz. of usable marijuana (jointly possessed between the qualifying patient and primary caregiver). Plant seeds, stalks, and roots do not qualify as usable marijuana.
Caregiver Possession: Up to 4 oz. of usable marijuana (jointly possessed between the qualifying patient and primary caregiver). Plant seeds, stalks, and roots do not qualify as usable marijuana.
Non-Hawaii Resident Possession: Visitors who are registered as medical cannabis patients in other states may use medical cannabis in Hawaii.
Personal Growing
Registered medical marijuana patients and registered caregivers can grow cannabis within certain limits.
Registered Medical Patient Growing: No more than 10 plants
Registered Caregiver Growing: No more than 10 plants
Medical Cannabis Patient Qualification and Registry
Patients are required to register for a 329 Card ($35 fee) and renew their cards each year to access medical cannabis, but patients with certain conditions may renew every three years. Patients must have a qualifying condition and receive a certification from a physician who has a Hawaii Medical License and Hawaii Controlled Substance License or from an Advance Practice Registered Nurse (APRN) who has prescriptive authority.
The patient must also maintain a bona fide relationship with the certifying doctor or APRN, which means the physician or APRN has an “ongoing responsibility for the assessment, care and treatment of a qualifying patient’s debilitating medical condition with respect to the medical use of cannabis.”
Qualifying medical conditions include:
- Amyotrophic Lateral Sclerosis
- Cancer,
- Glaucoma,
- Lupus
- Epilepsy
- Multiple Sclerosis
- Rheumatoid Arthritis
- Positive status for human immunodeficiency virus,
- Acquired immune deficiency syndrome,
- Post-traumatic stress disorder, or
- The treatment of the above conditions, or
- 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 Crohn’s disease.
Business Laws
Vertical integration or “license stacking” is required in Hawaii, which means a licensed company handles growing, processing, manufacturing, and sales. Residency is required to apply for a cannabis business license in Hawaii. Applicants must have been a legal resident for a minimum of five years prior to the application date. Furthermore, at least 51% of the entity must be owned by legal Hawaii residents or entities wholly controlled by legal residents of Hawaii.
The state allows a total of eight dispensary licenses but may authorize more. Each license holder may operate up to three retail dispensaries (for a total of 24 statewide) and up to two production centers (for a total of 16 statewide).
License Types
- Dispensary Licenses
- Testing Lab Licenses
License Fees
Dispensary: $5,000 application fee and $75,000 license fee
Testing Lab: $3,000 application fee and $3,000 license fee
License Timeline
The law allows additional business licenses to be authorized in Hawaii, but there has been no indication that new licenses will be issued.
Testing
Testing is required of all cannabis in Hawaii.
Training
Hawaii does not require that license holders attend training.
Learn More about Cannabis in Hawaii and How to Work or Start a Business in the Hawaii Cannabis Industry
Leafy Green Agency offers a variety of certification seminars for people who want to start businesses, find jobs, get promotions, or invest in the cannabis industry in Hawaii and across the country. Follow the link to learn more about our educational seminars.
Sources and More Information
Data current as of 10/6/19.
