Hawaii Medical Marijuana Card Legislation
Hawaii was the first state to legalize medical marijuana in 2000 with Act 228. This law amended Hawaii’s Revised Statutes of Chapter 329 which specified qualifying conditions, limitations for cultivation, and also gave protection against prosecution for patients, caregivers, and the recommending physicians. While the state legalized medical marijuana in 2000, dispensary licenses weren’t granted until 2018.
In 2019 Hawaii decriminalized the possession of small amounts of marijuana when HB 1383 was passed. HB 1383 allowed fines of $130 for possession of 3 grams or less of marijuana, while possession of up to an ounce carries a penalty of 30-days in jail and a $1,000 fine. Hb 1383 also granted a petition for release to drug-treatment programs of prisons convicted of nonviolent drug offenses. This allowed the expungement of those who successfully completed the program while convicted of possessing 3 grams or less.
In Hawaii, the Hawaii medical marijuana card is called the Hawaii 329 card, which is named after Statute 329, which was revised by the passing of Act 288. This card allows patients and caregivers to cultivate medical marijuana themselves, to possess cannabis, transport cannabis, consume cannabis, and to purchase cannabis from a dispensary. Hawaii also allows reciprocity for out-of-state patients and those who frequently visit Hawaii can also apply for a Hawaii 329 card as state residency is not a requirement. Out-of-state patients can qualify by visiting a physician or an advanced practice registered nurse licensed in Hawaii.
Hawaii Medical Marijuana Card Cultivation & Possession Laws
In Hawaii, registered medical marijuana patients & caregivers carrying marijuana cards can cultivate up to 10 marijuana plants if they have registered their intent to grow, and provide the location of the cultivation site to the Department of Health. Plants can only be grown at the home of the patient, caregivers, or another location under the control of the patient or caregivers. Plants must be in one location and tagged with the patient’s medical marijuana card number and expiration date. In 2023, caregivers will not be allowed to cultivate medical marijuana for any qualifying patients, except minors, adults without special capacity, or islands without a dispensary. Coming in 2024, home cultivation will be illegal following similar rules as caregivers in 2023 with exception to minors, adults unable to grow for themselves, or the patient lives on an island without a dispensary.