Hawaii Administrative Rules
Title 23 - DEPARTMENT OF PUBLIC SAFETY
Subtitle 3 - LAW ENFORCEMENT
Chapter 202 - MEDICAL USE OF MARIJUANA
Section 23-202-3 - Medical use of marijuana and conditions of use
Universal Citation: HI Admin Rules 23-202-3
Current through February, 2024
(a) Notwithstanding any law to the contrary, the medical use of marijuana by a qualifying patient shall be permitted only if:
(1) The qualifying patient has been diagnosed
by a physician as having a debilitating medical condition;
(2) The qualifying patient's physician has
certified in writing that, in the physician's professional opinion, the
potential benefits of the medical use of marijuana would likely outweigh the
health risks for the particular qualifying patient; and
(3) The amount of marijuana does not exceed
an adequate supply.
(b) Subsection (a) shall not apply to a qualifying patient under the age of eighteen years, unless:
(1) The qualifying
patient's physician has explained the potential risks and benefits of the
medical use of marijuana to the qualifying patient and to a parent, guardian,
or person having legal custody of the qualifying patient; and
(2) A parent, guardian, or person having
legal custody consents in writing to:
(A)
Allow the qualifying patient's medical use of marijuana;
(B) Serve as the qualifying patient's primary
caregiver; and
(C) Control the
acquisition of the marijuana, the dosage, and the frequency of the medical use
of marijuana by the qualifying patient.
(c) The authorization for the medical use of marijuana in this section shall not apply to:
(1) The medical use of marijuana that
endangers the health or well-being of another person;
(2) The medical use of marijuana:
(A) In a school bus, public bus, or any
moving vehicle;
(B) In the
workplace of one's employment;
(C)
On any school grounds;
(D) At any
public park, public beach, public recreation center, recreation or youth
center; or
(E) Any other place
generally accessible to the public;
(3) Any sale of marijuana; or
(4) The use of marijuana by a qualifying
patient, parent, or primary caregiver for purposes other than medical use
permitted by this chapter.
Disclaimer: These regulations may not be the most recent version. Hawaii may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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