Growing Cannabis
“Adequate supply” means an amount of medical cannabis jointly possessed between the qualifying patient and the primary caregiver that is not more than is reasonably necessary to ensure the uninterrupted availability of cannabis for the purpose of alleviating the symptoms or effects of a qualifying patient’s debilitating medical condition; provided that an “adequate supply” shall not exceed: ten cannabis plants, whether immature or mature, and four ounces of usable cannabis at any given time. The four ounces of usable cannabis shall include any combination of usable cannabis and manufactured cannabis products, as provided in chapter 329D, with the cannabis in the manufactured cannabis products being calculated using information provided pursuant to section 329D‑9(c).
“Medical cannabis dispensary” or “dispensary” means a person licensed by the State pursuant to this chapter to own, operate, or subcontract up to two production centers and up to two retail dispensing locations.
“Medical use” means the acquisition, possession, cultivation, use, distribution, or transportation of cannabis or paraphernalia relating to the administration of cannabis to alleviate the symptoms or effects of a qualifying patient’s debilitating medical condition; provided that “medical use” does not include the cultivation or distribution of cannabis or paraphernalia by a qualifying out-of-state patient or the caregiver of a qualifying out-of-state patient. For the purposes of “medical use”, the term “distribution” is limited to the transfer of cannabis and paraphernalia.
“Primary caregiver” means a person eighteen years of age or older, other than the qualifying patient and the qualifying patient’s physician or advanced practice registered nurse, who has agreed to undertake responsibility for managing the well-being of the qualifying patient with respect to the medical use of cannabis. In the case of a minor or an adult lacking legal capacity, the primary caregiver shall be a parent, guardian, or person having legal custody.
(Every qualifying patient shall only have one primary caregiver at all times. However, if the primary caregiver is the “parent, guardian, or person having legal custody of more than one minor qualifying patient at any given time, unless the primary caregiver is the parent, guardian, or person having legal custody of more than one minor qualifying patient, in which case the primary caregiver may be responsible for the care of more than one minor qualifying patient at any given time; provided that the primary caregiver is the parent, guardian, or person having legal custody of all of the primary caregiver’s qualifying patients.)
“Qualifying patient” means a person who has been diagnosed by a physician or advanced practice registered nurse as having a debilitating medical condition.
“Usable cannabis” means the dried leaves and flowers of the plant Cannabis family Moraceae, and any mixture or preparation thereof, that are appropriate for the medical use of cannabis. “Usable cannabis” does not include the seeds, stalks, and roots of the plant.
Who can legally grow medical cannabis in the state of Hawaii?
| 1. | Medical cannabis dispensary as defined above. There are a total of eight licensed dispensaries in the state of Hawaii, please click HERE for a comprehensive list. |
| 2. | Primary caregiver as defined above. IF a primary caregiver is growing medical cannabis for their patient, the location of the grow site and the primary caregiver’s name and date of birth shall be stated on the patients valid 329 registration card. |
| 3. | Qualifying patient as defined above. IF a patient is growing cannabis for their own medical use, the location of the grow site shall be stated on their valid 329 registration card. |
Where can medical cannabis be grown in Hawaii?
Medical cannabis may be grown only at one of the following locations and that location must be identified on your 329 Card:
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- the residence of the qualifying patient, or
- the residence of the designated primary caregiver, or
- another site that is either owned or controlled by the qualifying patient or the designated primary caregiver.
Can anyone else transfer cannabis and paraphernalia, or handle (e.g. touch, water, harvest, take care of, etc.) a qualifying patients medical cannabis plant or usable cannabis?
No. Hawaii state law does not authorize transferring cannabis and paraphernalia or handling a qualifying patient’s medical cannabis or usable cannabis outside the 1:1 registered patient-primary caregiver relationship. Only you (registered patient) and your one reported primary caregiver stated on your valid 329 registration card are allowed to handle your usable cannabis or your medical cannabis plants, given you have registered a grow site, which is also stated on your 329 registration card.
Are medical cannabis plants required to have an identification tag?
Yes. The qualifying patient or the primary caregiver shall have a legible identification tag, on each cannabis plant being cultivated for the qualifying patient.” (See, section 11-160-31(b), HAR.) Simply put, all registered patients and caregivers must place identification tags on each of their medical cannabis plants that shows their 329 registration number and expiration date. Tagging Guidelines