Hawaii Revised Statutes
329. Uniform Controlled Substances Act
329-125.5 Medical cannabis patient and caregiver protections.

§329-125.5 Medical cannabis patient and caregiver protections. (a) No school shall refuse to enroll or otherwise penalize, and no landlord shall refuse to lease property to or otherwise penalize, a person solely for the person's status as a qualifying patient or primary caregiver in the medical cannabis program under this part, unless failing to do so would cause the school or landlord to lose a monetary or licensing-related benefit under federal law or regulation; provided that the qualifying patient or primary caregiver strictly complied with the requirements of this part; provided further that the qualifying patient or primary caregiver shall present a medical cannabis registry card or certificate and photo identification, to ensure that the qualifying patient or primary caregiver is validly registered with the department of health pursuant to section 329-123.
(b) For the purposes of medical care, including organ transplants, a registered qualifying patient's use of cannabis in compliance with this part shall be considered the equivalent of the use of any other medication under the direction of a physician and shall not constitute the use of an illicit substance or otherwise disqualify a registered qualifying patient from medical care.
(c) No qualifying patient or primary caregiver under this part shall be denied custody of, visitation with, or parenting time with a minor, and there shall be no presumption of neglect or child endangerment, for conduct allowed under this part; provided that this subsection shall not apply if the qualifying patient's or primary caregiver's conduct created a danger to the safety of the minor, as established by a preponderance of the evidence.
(d) This section shall apply to qualifying patients, primary caregivers, qualifying out-of-state patients, and caregivers of qualifying out-of-state patients who are validly registered with the department of health pursuant to this part and the administrative rules of the department of health. [L 2015, c 242, §2; am L 2017, c 170, §2; am L 2018, c 116, §8]
Revision Note
In subsection (b), "marijuana" changed to "cannabis" to conform to L 2017, c 170, pursuant to §23G-15.

Structure Hawaii Revised Statutes

Hawaii Revised Statutes

Title 19. Health

329. Uniform Controlled Substances Act

329-1 Definitions.

329-2 Hawaii advisory commission on drug abuse and controlled substances; number; appointment.

329-3 Annual report.

329-4 Duties of the Hawaii advisory commission on drug abuse and controlled substances.

329-11 Authority to schedule controlled substances.

329-12 Nomenclature.

329-13 Schedule I tests.

329-14 Schedule I.

329-15 Schedule II tests.

329-16 Schedule II.

329-17 Schedule III tests.

329-18 Schedule III.

329-19 Schedule IV tests.

329-20 Schedule IV.

329-21 Schedule V tests.

329-22 Schedule V.

329-23 Republishing and distribution of schedules.

329-31 Rules.

329-31.5 Clinics.

329-32 Registration requirements.

329-33 Registration.

329-34 Revocation and suspension of registration.

329-35 Order to show cause.

329-36 Records of registrants.

329-37 Filing requirements.

329-38 Prescriptions.

329-38.2 Prescriptions; additional restrictions.

329-38.5 Opioid therapy; informed consent process; requirement for written policies.

329-39 Labels.

329-39.5 Opioid warning label.

329-40 Methadone treatment programs.

329-41 Prohibited acts B--penalties.

329-42 Prohibited acts C--penalties.

329-43 Penalties under other laws.

329-43.5 Prohibited acts related to drug paraphernalia.

329-43.6 Overdose prevention; limited immunity.

329-44 Notice of conviction to be sent to licensing board, department of commerce and consumer affairs.

329-45 REPEALED.

329-46 Prohibited acts related to visits to more than one practitioner to obtain controlled substance prescriptions.

329-49 Administrative penalties.

329-50 Injunctive relief.

329-51 Powers of enforcement personnel.

329-52 Administrative inspections.

329-53 Injunctions.

329-54 Cooperative arrangements and confidentiality.

329-55 Forfeitures.

329-56 Burden of proof; liabilities.

329-57 Judicial review.

329-58 Education and research.

329-59 Controlled substance registration revolving fund; established.

329-61 Substances subject to reporting.

329-62 Proper identification.

329-63 Person required to keep records and file reports.

329-64 Exceptions.

329-65 Penalty.

329-66 Theft, loss, and discrepancy reports.

329-67 Permit for conduct of business; applications; forms; fees; renewal; violations.

329-68 Protection of records; divulging confidential information prohibited; penalties.

329-69 Subpoena powers.

329-70 Forfeiture.

329-71 Requirements when selling specific chemicals.

329-72 Rules.

329-73 REPEALED.

329-74 Unlawful transport of pseudoephedrine.

329-75 Sales of products, mixtures, or preparations containing pseudoephedrine; reporting requirement for wholesalers.

329-81 to 91 REPEALED.

329-101 Reporting of dispensation of controlled substances; electronic prescription accountability system; requirements; penalty.

329-102 Central repository.

329-103 Designated state agency.

329-104 Confidentiality of information; disclosure of information.

329-121 Definitions.

329-122 Medical use of cannabis; conditions of use.

329-123 Registration requirements; qualifying patients; primary caregivers.

329-123.5 Registration requirements; qualifying out-of-state patient; caregiver of a qualifying out-of-state patient.

329-124 Insurance not applicable.

329-125 Protections afforded to a qualifying patient, primary caregiver, qualifying out-of-state patient, or caregiver of a qualifying out-of-state patient.

329-125.5 Medical cannabis patient and caregiver protections.

329-125.6 Protections afforded to an owner or qualified employee of a licensed medical cannabis dispensary.

329-126 Protections afforded to a treating physician or advanced practice registered nurse.

329-127 Protection of cannabis and other seized property.

329-128 Fraudulent misrepresentation; penalty.

329-129 Prohibited acts; flammable solvents.

329-130 Authorized sources of medical cannabis.

329-131 Prescription and pharmacy requirements not applicable.