Hawaii
1. Overview of Cannabis and Hemp Laws
Cannabis:
- Recreational Use: Recreational cannabis remains illegal in Hawaii.
- Medical Use: Hawaii legalized medical cannabis in 2000 with Act 228, creating one of the earliest medical cannabis programs in the U.S. The program allows registered patients with qualifying conditions to access medical cannabis through licensed dispensaries.
Hemp Intoxicants and Synthetic THC:
Hawaii regulates hemp intoxicants under a Hemp-Specific Framework, meaning the state has specific guidelines for hemp-derived products that are distinct from its cannabis program.
2. Historical Context
- 2000: Hawaii passed Act 228, legalizing medical cannabis for patients with qualifying conditions, establishing one of the nation’s earliest medical programs.
- 2015: Act 241 authorized a dispensary system for medical cannabis, with the first licensed dispensaries opening in 2016.
- 2021: Act 137 was enacted, allowing visiting out-of-state medical cannabis patients to purchase cannabis while in Hawaii.
3. Recreational Cannabis Laws
- Possession Limits: Possession of cannabis for recreational use remains illegal in Hawaii, with penalties enforced for possession of any amount.
- Cultivation: Recreational cultivation is not allowed. Registered medical patients, however, may cultivate up to 10 plants for personal medical use.
- Public Use: Cannabis use is restricted to private residences for registered medical patients; public consumption is strictly prohibited.
- Sale and Retail: Hawaii’s dispensary system serves only medical patients, with no retail model for recreational cannabis.
4. Medical Cannabis Laws
- Patient Eligibility: Hawaii’s medical cannabis program permits access for patients with conditions like cancer, epilepsy, PTSD, and others listed in Hawaii Revised Statutes Chapter 329D.
- Product Access: Medical patients can obtain cannabis in forms such as oils, capsules, and lozenges; smoking is restricted.
- Program Details: Patients must receive a written certification from a healthcare provider and register with the Department of Health, which issues medical cannabis cards to authorize legal possession and purchase.
5. Hemp-Derived Intoxicants
- Regulatory Status: Hawaii categorizes hemp-derived intoxicants under a Hemp-Specific Framework, regulating these products separately from cannabis.
- Testing and Labeling Requirements: All hemp products must be tested to meet the federal THC limit of 0.3%, and labels must include clear product information to prevent misleading claims.
- Age and Retail Restrictions: Retail sales are restricted to individuals 21 and older, mirroring age restrictions applied to cannabis products.
6. Criminal Penalties for Cannabis Offenses
- Possession: Unlawful possession is a misdemeanor, with penalties potentially including fines and short-term imprisonment for small quantities.
- Sale and Distribution: Unauthorized cannabis sales are treated as felonies, with significant penalties, including lengthy prison sentences and substantial fines, especially for sales involving minors.
- Trafficking and Cultivation: Hawaii imposes stringent penalties for trafficking and unauthorized cultivation, classifying large-scale operations as felonies with severe sentences.
7. Social Equity Programs
- Eligibility Criteria: Hawaii does not currently have social equity programs specific to cannabis, nor any measures to assist communities impacted by previous cannabis laws.
- Licensing Benefits and Additional Support: No preferential licensing, reduced fees, or training resources are available to promote equity within Hawaii’s cannabis industry.
8. Business Types and Operations
- Licensing Types: Hawaii’s medical cannabis program includes licenses for cultivation, production, and dispensary operations, governed by Hawaii Revised Statutes Chapter 329D.
- Regulatory Requirements: Licensed cannabis businesses must comply with state regulations regarding security, record-keeping, and product testing. The Department of Health regularly inspects facilities to ensure compliance.