§329-128 Fraudulent misrepresentation; penalty. (a) Notwithstanding any law to the contrary, fraudulent misrepresentation to a law enforcement official of any fact or circumstance relating to the medical use of cannabis to avoid arrest or prosecution under this part or chapter 712 shall be a petty misdemeanor and subject to a fine of $500.
(b) Notwithstanding any law to the contrary, fraudulent misrepresentation to a law enforcement official of any fact or circumstance relating to the issuance of a written certificate by a physician or advanced practice registered nurse not covered under section 329-126 for the medical use of cannabis shall be a misdemeanor. This penalty shall be in addition to any other penalties that may apply for the non-medical use of cannabis.
(c) Notwithstanding any law to the contrary, fraudulent misrepresentation to the department of an entitlement to use cannabis for medical purposes in another state, a United States territory, or the District of Columbia for the purpose of registering as a qualifying out-of-state patient or caregiver of a qualifying out-of-state patient shall be a misdemeanor. This penalty shall be in addition to any other penalties that may apply for the non-medical use of cannabis.
(d) Nothing in this section is intended to preclude the conviction of any person under section 710-1060 or for any other offense under part V of chapter 710 or any other offense. [L 2000, c 228, pt of §2; am L 2016, c 230, §13; am L 2017, c 170, §2; am L 2018, c 116, §10]
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.