Restrictions

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

BE A GOOD NEIGHBOR: Please ensure that your use of medical marijuana does not endanger the health or well-being of another.

Common Complaints are:

  • The smell of marijuana smoke from a neighbor’s home (single family, condo, etc.) – all “smoke free” laws (see §328J) also apply to medical marijuana and Registry staff typically refer complainants to their Board of Directors or property managers (for condos/apartments) or to speak directly to their neighbors in this regard.  A general rule of thumb (for condos) is that if the entire “footprint” of the property is “smoke free” than registered patients cannot “smoke” or “vape” marijuana anywhere on that property.  Registered patients will need to “use” marijuana in some other format.  Owner’s or tenants should be able to obtain a copy of the By-Laws from their Board of Directors.
  • The smell of marijuana plants growing in a neighbor’s yard – there is currently no legal guidance in this regard and 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.

Is there anywhere that I cannot use medical marijuana? YES – Registered patients and caregivers are prohibited from acquiring, possessing, cultivating, using, distributing or transporting  marijuana or paraphernalia in ALL public places including public parks, beaches, recreation centers, youth centers, or school grounds; and in any moving vehicle.  In addition, registered patients may not use marijuana that “endangers the health or well-being of another person”. For a more detailed listing, please see part IX HRS-329– 122: Conditions of Use.

In addition, Act 241 am mended part IX HRS 329-122 in that marijuana:

  • “…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 marijuana, usable marijuana, or any manufactured marijuana product”.  This means that registered patients and caregivers CANNOT transport marijuana inter-island.

Note: Medical use means “the acquisition, possession, cultivation, use, distribution or the transportation of marijuana or paraphernalia…”