Medical Cannabis Use & Restrictions
It is every patient and caregivers responsibility to comply with Hawaii State Laws and Rules.
Ignorance of the law is not a valid defense. Click Here for a compilation of Medical Cannabis Laws & Rules in the beautiful State of Hawaii
MEDICAL USE means “the acquisition, possession, cultivation, use, distribution or the transportation of cannabis or paraphernalia…” For a more detailed listing, please review HRS-329– 122: Conditions of Use
All “Smoke Free” laws (see §328J) also apply to medical cannabis! (there are other methods of ingestion)
In-State & Out of State Registered patients and caregivers are prohibited from acquiring, possessing, cultivating, using, distributing or transporting cannabis or paraphernalia in ALL public places. This includes (but not limited to):
- Public Parks and Beaches
- Recreation Centers, Youth Centers
- School Grounds
- In a moving vehicle including school buses or public buses
- In the workplace of one’s employment
In addition, Act 241 amended part IX HRS HRS-329– 122 in that cannabis:
- “…shall be transported in a sealed container, not be visible to the public, and shall not be removed from it sealed container or consumed or used in any way while it is in the public place”; and
- “…transport does not include the inter-island transportation of cannabis, usable cannabis, or any manufactured cannabis product”. This means that registered patients and caregivers CANNOT transport cannabis inter-island.
Hotels, Apartments, and Condos
A general rule of thumb – if the entire “footprint” of the property is “smoke free”, registered in-state and out-of-state patients cannot smoke or ingest via safe pulmonary device (a.k.a. vape) medical cannabis anywhere on that property.
There are other methods of ingestion.
- The smell of cannabis smoke from a neighbor’s home/hotel room (single family, condo, hotel, etc.) – again, all “smoke free” laws apply to medical cannabis.
- Registry staff refer complainants to their Board of Directors or property managers (for condos/apartments) or to speak directly to their neighbors in this regard.
- Owner’s or tenants should be able to obtain a copy of the By-Laws from their Board of Directors.
- The smell of cannabis plants growing in a neighbor’s yard – there is currently no legal guidance in this regard.
- Registry staff typically recommend that the complainant file a report with local law enforcement to verify if the site is appropriately registered and/or speak directly with their neighbor in this regard.
- Other smells or questionable activity from a neighbor’s home –
- Registry staff typically recommend that the complainant file a report with the Narcotics Enforcement Division to rule out other illicit activities.