Hawaii: Medical Marijuana Handbook

Hawaii Marijuana Tax Rate

Sales Tax Medical	Excise Tax Medical	Max Medical Tax	Sales Tax Recreational	Excise Tax Recreational	Max Recreational Tax
4.00%	N/A	4.00%	N/A	N/A	N/A

2023 Hawaii Medical Marijuana Handbook

Is medical marijuana legal in Hawaii?

Yes, medical marijuana is legal in Hawaii

When and how did Hawaii legalize marijuana for medical use?

Hawaii legalized medical marijuana in 2000. This law was passed using Senate Bill 862 . The official name for this law is the Medical Use of Cannabis Hawaii Rev. Stat. Sec. 329-121 et seq Hawaii Administrative Rules Sec. 11-160 et seq

Hawaii Medical Marijuana possession limits

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Is it legal to grow marijuana for medicinal use at home in Hawaii?

Yes, medical marijuana patients are allowed to grow marijuana for medicinal use.

Up through December 31, 2023, a registered patient and/or caregiver can grow no more than 10 plants at any stage of maturity. Grow sites must be designated with the DOH and appear on the patient's medical marijuana card ("329 Card").

Starting January 1, 2024, no cultivation is allowed by caregivers except for caregivers of patients under the age of 18 or an adult lacking legal capacity or the patient lives on an island without a marijuana dispensary.

Patients are still allowed to cultivate up to 10 plants regardless of maturity as of January 1, 2024 but no one growing site can be used by more than five qualifying patients. Patients and/or caregivers cannot use butane to extract THC from the plants.

Are there medical dispensaries available to patients?

Yes, as long as the patient presents the appropriate documentation for Hawaii.

Initially, only eight dispensary licenses will be issued statewide. Up to two (production centers can be allowed per dispensary license but each production center will be limited to 3,000 cannabis plants or up to 5,000 plants the discretion of the Department of Health.

All growing must be done in enclosed indoor facilities with an interior that is not visible from the outside.

Each dispensary licensee can open up to two retail dispensing locations neither of which can be located at the production facility.

Is there a list of specific conditions for medical marijuana in Hawaii?

Medical marijuana usage is allowed for “debilitating medical conditions” which are defined as:

• cancer
• glaucoma
• lupus
• epilepsy
• multiple sclerosis
• rheumatoid arthritis
• HIV+ status
• AIDS, or the treatment of these conditions;

OR a chronic or debilitating disease or medical condition that produces:

• cachexia or wasting syndrome
• severe pain
• severe nausea
• seizures including those characteristic of epilepsy,
• severe and persistent muscle spasm including those characteristic of multiple sclerosis or Crohn’s disease,
• PTSD.

The list above, and more detailed information on it, can be found in the Hawaii medical marijuana law

Does Hawaii have a medical registry system or ID card?

Yes, Hawaii keeps track of their medical marijuna patients.

There is a $35 fee per year for new applications or renewal applications. Applications are approved or denied within 30 days. All applications must be accompanied by a written certification by a licensed physician or advanced practice registered nurse certifying that the applicant should be able to access medical marijuana. Registrations are valid for up to one year.

Does Hawaii recognize patients from other states?

Yes, Hawaii recognizes medical marijuana patients from other states.

A qualifying out-of-state patient with a debilitating medical condition and their caregiver can obtain medical marijuana using their out of state medical marijuana card but they must register with the Department of Health using their valid, non-expired card and pay a $45 fee. The registration issued by the Department of Health will be valid for no more than 60 days and can be renewed for another 60-day period within a 12-month period for an additional $45 fee. No registration period can exceed the term of the out of state medical cannabis card. The Department of Health can suspend out-of-state users obtaining marijuana if there is an inadequate supply of medical marijuana. Out-of-state patients and caregivers cannot cultivate in Hawaii.

Are there any age restrictions for medical marijuana in Hawaii?

Persons under the age of 18 with a debilitating medical condition can obtain medical marijuana, however, the qualified patient’s physician or APRN must have explained the potential risks and benefits of medical marijuana use to the patient and their parent, guardian, or person having legal custody of the patient.

Additionally, the parent, guardian, or legal custodian must consent in writing to:

1. allow the patient’s medical use of marijuana
2. serve as the person’s primary caregiver
3. control the acquisition, dosage, and frequency of medical use of the marijuana by the patient

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