Frequently Asked Questions
OUT-OF-STATE (OSP) PATIENT FAQ:
Is it true that the state of Hawaiʻi will allow Out-of-State (OSP) patients to use medical cannabis while visiting the islands?
Yes, serving patients from out-of-state was included in the medical cannabis dispensary law that passed in 2015, but the actual procedure for qualifying visiting patients was approved in 2018.
When will the program launch?
The Hawaiʻi Department of Health (DOH) Medical Cannabis Registry has launched its online application on 3/5/19.
How does the OSP program work?
Qualified patients who have a state-issued card to use medical cannabis in their home state, may shop at a Hawaiʻi-licensed medical cannabis dispensary while visiting the islands. To ensure timely access, patients should apply online before arriving in Hawaiʻi.
Who is qualified for this program?
Patients must have a valid medical cannabis card from a United States jurisdiction (state, territory or Washington, DC) plus a valid government-issued photo identification issued by the same jurisdiction. Patients must also attest they are certified to use cannabis for one of Hawaiʻi’s qualifying conditions.
What are Hawaiʻi’s qualifying conditions?
Amyotrophic Lateral Scleroisis (ALS; Lou Gehrig’s Disease)
Cancer
Glaucoma
Lupus
Epilepsy
Multiple Scleroisis
Rheumatoid Arthritis
Positive Status for HIV/AIDs
Post Traumatic Stress Disorder (PTSD)
Or “A chronic or debilitating disease or medical “A chronic or debilitating disease or medical condition or its treatment that produces one or more of the following:
Cachexia or wasting syndrome,
Severe pain,
Severe nausea,
Seizures, including those characteristic of epilepsy, or
Severe and persistent muscle spasms, including those characteristic of multiple sclerosis or Crohn’s disease.
May patients from other countries participate?
No, the program is only available to residents of the United States and it’s territories.
If a patient meets all qualifications, how does he or she apply?
Applications must be submitted online. The two-step process requires patients to open an online account with the State of Hawaiʻi, then fill out the Out-of-State Patient application. Patients must upload scans of a valid medical cannabis card and matching photo ID issued by their home jurisdiction, and a signed attestation that the patient has one of Hawaiʻi’s qualifying conditions. There is a $49.50 fee that must be paid by a debit or credit card online. Upon approval, the patient will receive a link to their personalized 329-OSP card that may be printed or used electronically at any state-licensed dispensary.
How long will it take to get my 329-OSP card?
Because the program is brand new, we don’t yet have estimates for application processing time, but we recommend patients apply at least two weeks prior to arriving in Hawaiʻi. To ensure timely access, you may apply up to 60 day prior to arrival. You may specify the start date for your 329-OSP card.
What protections do visiting patients receive with their 329-OSP card?
Visiting patients receive the same protections as Hawaiʻi resident patients including the right to legally possess up to four ounces of usable cannabis (or THC equivalent) at any time. If there are any questions, law enforcement will require your valid 329-OSP card and matching state ID.
Will my 329-OSP card expire?
Yes, it is valid for 60 days from the start date. One renewal during a calendar year is allowed, but the process for renewing a 329-OSP card has not yet been announced.
What else should medical cannabis patients know about Hawaiʻi?
The Aloha State has some of the most rigorous smoke-free laws in the nation. These laws regulate the use of tobacco, cannabis and vaporization devices. In general smoking or vaporization of any product is prohibited in all public areas including hotels, condos, apartment buildings, stores and restaurants. Additionally, smoking is prohibited in County and State parks and beaches as well as within rental vehicles.
Do dispensaries sell non-smokable cannabis products?
Yes, most state-licensed dispensaries offer tinctures, capsules, lozenges, extracted oils, concentrates, and topical products including serums, lotions and creams. At this time, Hawaiʻi dispensaries are prohibited from offering edible cannabis products including baked goods and candies.
What about transporting cannabis?
After purchasing from a state-licensed dispensary, all cannabis products must be transported in a sealed, opaque container. Federal law prohibits transport of cannabis over the ocean or on federal lands, so patients may not legally transport cannabis products between the American continent, inter-island or within the boundaries of any national park in Hawaiʻi.
My home state does not require a medical cannabis card, but I have a letter from my doctor, will this work?
No, the state of Hawaiʻi requires a card or similar credentials issued by your home jurisdiction for patients to qualify for a 329-OSP card.
My minor child relies upon cannabis therapy to help manage seizures; are minors allowed to participate in the OSP program?
Yes, parents, legal guardians or legal custodians may apply for a 329-OSP card for an underaged patient providing both parties meet all requirements.
My home state does not have a medical cannabis program, may I be certified to use medical cannabis in Hawaiʻi?
Yes. There is no residency requirement to register in Hawaiʻi’s medical cannabis program. If you plan to be in the islands for more than three weeks and/or you are a frequent visitor, you may consider applying for a standard 329 card.
First, you will establish an account with the State of Hawaiʻi then complete an application for the medical cannabis registry and pay the required fee. You must have a face-to-face examination by a Medical Doctor (MD) or Advanced Practice Registered Nurse (APRN) who is approved to certify medical cannabis patients in Hawaiʻi. Your MD or APRN will certify your medical condition and complete your application. Upon approval, the DOH will send a link to your 329 card that may be used at any state-licensed dispensary for a period of 12 months. (You may request a telehealth consultation with your MD or APRN for annual renewals). The time required to receive your 329 card may vary between one to five weeks depending upon volume of applications.
Where can I find a list of MDs or APRNs who certify patients to use medical cannabis in Hawaiʻi?
Please see our “Find a Doctor” page.
Where are dispensaries located?
There are state-licensed medical cannabis dispensaries on the islands of Oʻahu, Maui, Hawaiʻi Island and Kauaʻi. (Please note there are no dispensaries on Moloka’i or Lānaʻi.) Click Here to find a map.
GENERAL/IN-STATE PATIENT FAQ:
What is Medical Cannabis?
Medical cannabis is the same as any other form of marijuana or cannabis except that it is used as medicine. It is often offered in different strains or formulations especially suited for addressing a specific medical complaint or symptom.
What is the Hawaii State Limit on a Patient’s Supply of Medical Cannabis?
Under Hawaiʻi law, “adequate supply” means an amount of usable cannabis possessed by the qualifying patient and the primary caregiver together that is “not more than is reasonably necessary” to alleviate the symptoms or effects of a debilitating medical condition.
An “adequate supply” must not exceed TEN cannabis plants, whether immature or mature, and four ounces of usable cannabis at any given time. This means that a patient, and their caregiver, can jointly have no more than 10 plants of any maturity and 4 ounces of useable cannabis on hand at any given time. [§329-121].
What if I have a Medical Condition Covered by the Medical Marijuana Act but Do Not Have a Statement from My Doctor or APRN?
You do not receive the protections of the Act unless you have followed its requirements and procedures, which include being certified and registering into the program. Once registered, you will be issued a 329 Card through the Department of Health.
What If My Doctor or APRN Isn’t Willing To Give Me a Certification or Says I Do Not Qualify?
The Act does not force physicians or APRNs to offer certifications for medical cannabis use. The Department of Health recommends that you begin the discussion with the physician who is treating you for the (qualifying) debilitating medical condition.
If my Doctor or APRN Wants Information on The Medical Uses of Cannabis, Where Can They Find It?
Contact the Medical Cannabis Coalition of Hawaii for a list of resources
E-mail: info@mcchi.org Phone: (808) 853-3231
Do I have to be a Hawaii resident to register for an in-state patient 329 card?
No. However, you must be certified by a Hawaii-licensed physician with whom you have a “bona fide” physician-patient relationship with AND you must have a Hawaii address (so we can mail you your 329 card).
What is a “bona fide” relationship?
In the DOH Administrative Rules, a “bona fide physician-patient relationship” means a relationship in which the physician has ongoing responsibility for the assessment, care, and treatment of a qualifying patient’s debilitating medical condition with respect to the medical use of cannabis which means:
(1) The physician has completed a full assessment of the qualifying patient’s medical history and current medical condition, including conducting a review of the qualifying patient’s medical records related to the debilitating condition as medically appropriate and conducting an in-person physical examination;
(2) The physician provides follow up care and treatment as medically appropriate to the qualifying patient and assesses the qualifying patient’s condition during the course of the qualifying patient’s medical use of cannabis; and
(3) The physician maintains records of the qualifying patient’s treatment and condition in accordance with medically accepted standards.
How long does my In-state patient Certification Last?
The certification lasts for one year from the date issued for both patients and primary caregivers. Qualifying patients may begin the renewal process 60 days before the expiration of their current 329 Card. For all patients that applied using the electronic application process (on or after 12/1/15), electronic email notifications will be sent to the email used to register. If you did not provide a valid email address, you should keep track of your expiration date (it is stated on your 329 Card).
If I register is my confidentiality protected?
Yes. All information collected on the application forms and other documents that you provide to us is confidential and not subject to public disclosure, except in specific situations as defined in the DOH Administrative Rules (see 11-160-56, HAR.)
Will the police have access to my medical information?
No. Law enforcement may contact DOH to verify if an individual is a registered participant (patient or caregiver) in the program or verify if a specific location has been registered as a grow site. DOH will verify both the registration of an individual and the registration of a grow site location should law enforcement inquire for any official law enforcement purpose.
Can My Physician Assistant, Naturopath, or Family Nurse Practitioner Authorize Medical Use of Cannabis?
No, Physician Assistants, Naturopaths, and Nurse Practitioners are not covered by the Hawaii medical marijuana act. However, Advanced Practice Registered Nurses were added to those who can meet the certification requirements of the Act in 2016.
Why Can’t I Get Medical Cannabis at a Pharmacy?
Pharmacies are federally regulated and can only dispense medications that are approved by the FDA and prescribed by a physician. Because cannabis continues to be classified by the federal government as a “Schedule I” drug, it cannot be prescribed by any health care professional. There are efforts underway to convince federal lawmakers to allow medical cannabis to be rescheduled and treated the same as other controlled medicines.
Is There a List of Doctors or APRNs Who Are Willing to Advise Me On the Medical Use of Cannabis?
See our “Find a Doctor” page.
Where Can I Obtain Medical Cannabis?
The 2015 legislative session passed a bill to permit a system of state-licensed dispensaries to sell cannabis products. DOH’s Office of Health Care Assurance issued 8 licenses in May of 2016 to selected applicants: 3 on Oahu, 2 on Maui, 2 on the Big Island, and 1 on Kauai.
What If My Condition or Illness Is Not Covered by Hawaii’s Law?
Hawaii’s law provides that the state Department of Health set up a procedure for physicians and potentially qualifying patients to request that other medical conditions and diseases be added to the list of those debilitating medical conditions currently covered in the Act.
Any physician, APRN, or potentially qualifying patient seeking to add a medical condition to the list of debilitating medical conditions shall file a written petition with the department, on forms, and in a manner prescribed by the Department of Health.
What Is the Definition of “Usable” as It Relates to the Amount of Cannabis a Patient or Caregiver Is Allowed To Possess?
“Usable marijuana” is defined in the Act as any mixture of the dried leaves and flowers of the Cannabis plant that is appropriate for the medical use of cannabis. Useable marijuana/cannabis does not include seeds, stalks, and roots of the plant. Manufactured cannabis products are available at our local dispensaries.
Do Physicians or APRNs Risk Losing Their License To Prescribe Controlled Substances If They Participate in the Program?
No. As a practical matter, participating health professionals should be protected from loss of their licenses to prescribe controlled substances if they confine their actions to those required by the Act, comply with all of the programs requirements, and conduct themselves with integrity and in accordance with the professional and ethical standards of conduct explicitly articulated or inherently implied by their profession.
Is My Medical Cannabis Covered by Insurance?
No. The Act explicitly states that insurance companies are not required to pay for medical cannabis.
Why Is Getting the Registration Card Important?
The registration card is evidence of compliance with the law and should ordinarily prevent an arrest. Without the card, the patient or caregiver may be arrested and held under arrest until the patient’s right to use medical cannabis is confirmed.
Is it a requirement that I carry my 329 card?
YES, you must carry both your 329 Card and a valid ID whenever you are in possession of your medical cannabis. It is for your protection and is a requirement in the DOH Administrative Rules 11-160-31 (a).
What if I no longer need/want my 329 Card?
You may submit a void request to DOH to invalidate your registration into the program. No fee is required.
If I own a gun, can I still become a medical cannabis patient?
By law, DOH is not required to verify if you are already a gun owner when you register into the program. However, federal law does not allow users of cannabis (medicinal or otherwise) to legally own a rearm. If owning a rearm is important to you, you may want to check with the rearms permitting department in the county that you reside in.
What Should a Patient Do if Subject to Verification?
Politely show the officer your registration card and/or your properly tagged plants. They may then contact the DOH-MCRP to verify your registration. If the officer still questions the validity of your registration, you may wish to contact an attorney. If you do not have and cannot afford a lawyer, ask to call the state Public Defender’s office. On Oahu it is (808) 586-2200. On Neighbor Islands the numbers are: Hilo (808) 974- 4571; Kona (808) 323-7562; Kauai (808) 274-3418; and Maui (808) 984-5018. NOTE: Possession of a 329 Card does not exempt the card holder from complying with any and all other state laws that pertain to cannabis (driving under the influence, sales or distribution, etc.).
Can Minors Use Cannabis Under Hawaii’s Act?
Yes. Minors under 18 are protected under Hawaii’s law if their physician or APRN has explained the potential risks and benefits to both the qualifying patient and to their parent or legal guardian, and if the parent or legal guardian has consented in writing to allow the use; to serve as the minor’s caregiver, and to control the minor’s acquisition, dosage, and frequency of use of the cannabis. A parent or guardian must serve as the minor’s primary caregiver and follow the certification and registration procedures outlined above.
What Should I Tell My Employer If I Am Subjected to a Drug Test?
The Act prohibits use of medical cannabis in the workplace but is silent regarding the employee’s rights and duties regarding medical cannabis. It is suggested that employers treat medical cannabis like any other prescription drug that might impair ability. Employees should consult their employer’s drug policy.
Can Patients Living in Rental Units or Federally Subsidized Housing Participate in The Program?
Despite Hawaii’s medical marijuana act, federal law or federal rules and regulations still prohibit the use, possession, cultivation, or distribution of cannabis. Any federal laws or rules prohibiting the use of cannabis in federally subsidized housing would likely override Hawaii’s law. Patients occupying rental units or federally subsidized housing who wish to use medical cannabis should seek legal guidance on this issue. However, discriminatory practices against any person with a valid 329 card (in certain housing situations) have been prohibited by the state of Hawaii (Hawaii Revised Statutes: §421J, §514A, and §514B.)
Are There Any Limits on Where Cannabis To Be Used for Medical Purposes Can Be Cultivated?
The State’s medical cannabis act contains no requirements or limitations on where cannabis for medical use can be grown. However, the regulations of the Department of Health limit the places where cannabis can be grown to:
(1) the qualifying patient’s home address;
(2) the primary caregiver’s home address; or
(3) “Another location owned or controlled by the qualifying patient or the primary caregiver that is approved by the administrator and designated on the registry certificate issued by the department.”
If I’m Covered Under the Hawaii Medical Marijuana Act Can I Use Cannabis in Other States?
At this time Arizona, Nevada, New Hampshire, Maine, Michigan, Rhode Island and Washington, DC are the only jurisdictions to offer protections for out-of-state patients. Of these, only Michigan, Nevada, New Hampshire, Rhode Island and Washington DC allow out-of-state patients to purchase medical cannabis from dispensaries.
Beginning March 5, 2019, qualifying patients from other states, territories of the United States, or the District of Columbia, are allowed to purchase cannabis from any dispensary location in the state of Hawaii, provided that the patient is verified as a patient in their home state, and registers with the Department of Health through the Out-Of-State patient registration program.
Hawaii patients should carefully check and understand the laws and requirements related to medical cannabis before using in any other state. Laws vary greatly from state to state and laws can change at any time.
FAQs Courtesy of the Drug Policy Forum of Hawaii & marijuanahawaii.org.