What’s New

EFFECTIVE IMMEDIATELY: Appropriately licensed APRNs are able to use the SAME process as physicians to certify patients for the Medical Marijuana Registry Program.  A certifying APRN must be a Hawaii-licensed Advanced Practice Registered Nurse with prescriptive authority and who is registered with the Department of Public Safety to prescribe controlled substances.

APRNs interested in certifying patients for the Medical Marijuana Registry Program should review the Medical Marijuana Registry website (http://health.hawaii.gov/medicalmarijuanaregistry) under Certifying Physicians/APRNs for general information as well as training documents and links to video tutorials.  The process is the SAME as it is for physicians so any reference to a certifying physician is also applicable to a certifying APRN (aside from the different licensing requirements).

NEW REGISTRATION PROCESS: Effective January 1, 2016, ALL applications MUST be submitted electronically.  This will require patients to create a secure account, enter their own personal data (name, address, grow site location, etc.) and that of their caregiver, if applicable, and make the required payment of $38.50 ($35 application fee + $3.50 portal administration fee) electronically.  All initial application and renewal application fees MUST be paid electronically via credit/debit card or direct withdrawal from a savings or checking account.  Fees are non-refundable, even if a card is NOT issued.  Physicians will still be required to certify the patient’s debilitating medical condition AND “submit” the electronic application to DOH.   Click here for Registration Information.

Electronically certified (signed and certified by the physician electronically) 329 Cards will be mailed directly to the patient.

To avoid delays, applicants should be sure to use a valid (complete AND correct):

  1. email address,
  2. mailing address, and
  3. phone number

 

Renewal applicants, be advised that if you use a different valid ID to register (different than the one you used the prior year), your 329 card will take an additional 5 – 10 business days to process.  If possible, use the same valid ID.  If this is not possible, please be patient as staff will need to pull your prior records from storage to verify the renewal before we can issue your new 329 Card.

DOH recommends that applicants check their account at medmj.ehawaii.gov WEEKLY for registration status updates.

NEW ADMINISTRATIVE RULES: Click here to read Chapter 11-160, HAR

On July 6, 2015, Governor David Ige approved the adoption of the DOH’s Chapter 11-160, Hawaii Administrative Rules (HAR), entitled “Medical Use of Marijuana” which became effective on July 18, 2015. Chapter 11-160, HAR, is now effective all interested parties, patients and caregivers are advised to read through the new rules as ignorance of the law is not an acceptable defense for violating it.  Read more about the DOH Administrative Rules Timeline.

Noteworthy changes made by Chapter 11-160, HAR, include:

Possession of 329 Registration Cards – REQUIRED– Contrary to what some physicians are advising their patients, the new DOH rules require that patients possess their registration cards whenever in possession of medical marijuana.  This requirement protects valid patients and caregivers.

Tagging Plants – REQUIRED – The new DOH rules require the person who has been designated with the DOH to cultivate marijuana have a legible identification tag, in a form and manner as determined by the DOH, on each marijuana plants being cultivated for the qualifying patient. (see Tagging Guidelines)

Strengthened Physician-Patient Relationship – REQUIRED – The new DOH rules added a definition of “bona fide physician-patient relationship” and require that certifying physicians have such a relationship with the qualifying patient. “Bona fide physician-patient relationship” means a relationship in which the physician has ongoing responsibility for the assessment, care, and treatment of a qualifying patient’s debilitating medical condition with respect to the medical use of marijuana which means (at a minimum):

  1. The physician has completed a full assessment of the qualifying patient’s medical history and current medical condition, including conducting a review of the qualifying patient’s medical records related to the debilitating condition as medically appropriate and conducting an in-person physical examination;
  2. The physician provides follow up care and treatment as medically appropriate to the qualifying patient and assesses the qualifying patient’s condition during the course of the qualifying patient’s medical use of marijuana; and
  3. The physician maintains records of the qualifying patient’s treatment and condition in accordance with medically accepted standards.

 

Expanded Options for Valid ID – The new DOH rules allow a patient to provide a valid driver’s license or state photo ID card from any state in the United States, or a passport (book, not card).

Process to Add New Conditions – Subchapter 2 of Chapter 11-160, HAR, defines a new petition process by which medical conditions may be added by the DOH to the list of debilitating medical conditions that are defined in the law. The petition process is being developed.  Stay tuned for updates!

 

Notice: The DISPENSARY ACT 241, codified as HRS 329D, Amended HRS chapter 329, PART IX.

Some noteworthy changes include:

  • Removal of PCP Requirement –  You can continue seeing the physician that has certified your condition in the past OR you can begin the discussion with the physician that is currently treating you for the debilitating condition, your regular doctor.
  • Addition of Post Traumatic Stress Disorder (PTSD) – Effective July 1, 2015, your physician can certify PTSD as a debilitating medical condition under 329-121.
  • Reciprocity Agreements (with other states) – “no sooner than January 1, 2018” (see 329D-7-17).
  • Caregiver can NOT Grow – after December 31, 2018, unless the patient resides on an island that does not have a dispensary OR if the patient is a minor/adult lacking legal capacity.
  • Inter-Island Transportation of Marijuana Prohibited – transport “does not include the inter-island transportation of marijuana, usable marijuana, or any manufactured marijuana product”.
  • Physicians must comply with [patient] registrations requirements of section 329-123 to be protected under the law.

 

It’s NOT okay to drive a motor vehicle when under the influence of medical marijuana.