Growing Medical Marijuana

Only REGISTERED patients and caregivers that are in compliance with all aspects of the medical marijuana program can be protected, as applicable.  If you are growing medical marijuana and are not currently registered, you are NOT protected.

My friend says that he/she can grow my marijuana for me AND that I don’t need to name him/her as my caregiver as long as I claim to “own or control” his/her property.  Is this allowed? NO – Submission of misleading, incorrect, false, or fraudulent information on any portion of the application may result in the revocation of your 329 Registration Card and may negate your ability to assert the medical use of marijuana as an affirmative defense to any prosecution involving marijuana under this part or chapter 712.

GENERAL QUESTIONS

  • I am not well enough or for any reason I cannot grow my own medical marijuana. Can someone else grow for me? YES – you may name an adult (18 years or older) to be your caregiver and who is willing to grow medical marijuana on your behalf.  This individual cannot be a caregiver for anyone else at the same time. However, Act 241, eliminates the ability of a caregiver to grow medical marijuana on behalf of a qualifying patient after December 31, 2018, unless the patient is either a minor/adult lacking legal capacity or resides on an island that does not have a dispensary.
  • If I’m a caregiver growing plants for a patient, should I tag the medical marijuana plants? YES – Whoever is designated on the application to grow the medical marijuana, should tag each plant at the base with the 329 Card number and expiration date.  (See Tagging Guidelines)
  • If I am found with medical marijuana in my possession, am I protected? YES – assuming that you have your valid 329 Card and valid identification (driver’s license, state ID, or passport, as applicable) on your possession and assuming you have complied with all applicable laws.

MARIJUANA PLANTS AND ADEQUATE SUPPLY

  • Am I allowed to grow marijuana if I am a registered patient or caregiver? YES – as a registered program participant, and assuming that you indicated your intent to grow your own supply of medical marijuana on your application, you are allowed to grow an “adequate supply” of medical marijuana, not to exceed seven (7) plants and posses no more than 4oz of usable marijuana jointly between a registered patient and caregiver.
  • Where can I grow medical marijuana? Medical marijuana may be grown only at ONE of the following locations AND that location MUST be identified on your 329 Card:
    • the residence of the qualifying patient, OR
    • the residence of the designated caregiver, OR
    • another site that is either owned or controlled by the qualifying patient or the designated caregiver.

NOTE: To be protected under the law, the “grow site” MUST be designated with DOH when registering or via a notification of change if already registered and the grow site MUST appear on your 329 Card.

  • Can I keep my plants in two locations? NO – you must designate a single grow site if you intend to grow medical marijuana.
  • Where can I get a supply of medical marijuana once I’m registered? DOH is not a resource for access to marijuana and does not have information to give to patients. At this time, there are no legal means to purchase marijuana or marijuana seeds or plants.

DISPENSARIES

Does Hawaii have a dispensary system? NOT YETAct 241 was signed into law on July 14, 2015 and codified into HRS 329 D.  A tentative timeline is outlined therein and summarized below:

  • January 4, 2016 – DOH will provide “selection process and criteria based on merit” – COMPLETED
  • January 4, 2016 – DOH will adopt interim rules that may remain in effect until July 1, 2018 – COMPLETED
  • January 11, 2016 – DOH will make applications available – COMPLETED
  • January 12, 2016 – Application period OPENS – COMPLETED
  • January 29, 2016 – Application period CLOSES – COMPLETED
  • April 15 29, 2016 – DOH announces licensees COMPLETED
  • July 15, 2016 – and not sooner, licensed dispensaries may begin dispensing from 8 AM – 8 PM and closed Sunday (see HB2707) and state/federal holidays

 

 

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