§329-127 Protection of cannabis and other seized property. (a) Cannabis, paraphernalia, or other property seized from a qualifying patient or primary caregiver in connection with a claimed medical use of cannabis under this part shall be returned immediately upon the determination by a court that the qualifying patient or primary caregiver is entitled to the protections of this part, as evidenced by a decision not to prosecute, dismissal of charges, or an acquittal; provided that law enforcement agencies seizing live plants as evidence shall not be responsible for the care and maintenance of such plants.
(b) This section shall also apply to 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; provided that notwithstanding subsection (a) to the contrary, under no circumstances shall cannabis, paraphernalia, or other property be returned to any location outside of the island from which it was seized. [L 2000, c 228, pt of §2; am L 2017, c 170, §2; am L 2018, c 116, §9]
Revision Note
"Marijuana" changed to "cannabis" to conform to L 2017, c 170, pursuant to §23G-15.
Structure Hawaii Revised Statutes
329. Uniform Controlled Substances Act
329-2 Hawaii advisory commission on drug abuse and controlled substances; number; appointment.
329-4 Duties of the Hawaii advisory commission on drug abuse and controlled substances.
329-11 Authority to schedule controlled substances.
329-23 Republishing and distribution of schedules.
329-32 Registration requirements.
329-34 Revocation and suspension of registration.
329-36 Records of registrants.
329-38.2 Prescriptions; additional restrictions.
329-38.5 Opioid therapy; informed consent process; requirement for written policies.
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.
329-49 Administrative penalties.
329-51 Powers of enforcement personnel.
329-52 Administrative inspections.
329-54 Cooperative arrangements and confidentiality.
329-56 Burden of proof; liabilities.
329-58 Education and research.
329-59 Controlled substance registration revolving fund; established.
329-61 Substances subject to reporting.
329-63 Person required to keep records and file reports.
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.
329-71 Requirements when selling specific chemicals.
329-74 Unlawful transport of pseudoephedrine.
329-103 Designated state agency.
329-104 Confidentiality of information; disclosure of information.
329-122 Medical use of cannabis; conditions of use.
329-123 Registration requirements; qualifying patients; primary caregivers.
329-124 Insurance not applicable.
329-125.5 Medical cannabis patient and caregiver protections.
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.