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Hawaii: Medical Marijuana Law Overview and State Fines/Penalties - Archive

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Julie Gardener

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Hawaii Medical Marijuana Law Overview​

SUMMARY: Governor Ben Cayetano signed Senate Bill 862 into law on June 14, 2000. The law took effect on December 28, 2000. The law removes state-level criminal penalties on the use, possession and cultivation of marijuana by patients who possess a signed statement from their physician affirming that he or she suffers from a debilitating condition and that the "potential benefits of medical use of marijuana would likely outweigh the health risks." Patients diagnosed with the following illnesses are afforded legal protection under this act: cachexia; cancer; chronic pain; Crohn’s disease; epilepsy and other disorders characterized by seizures; glaucoma; HIV or AIDS; multiple sclerosis and other disorders characterized by muscle spasticity; and nausea. Other conditions are subject to approval by the Hawaii Department of Health. Patients (or their primary caregivers) may legally possess up to 3 ounces of usable marijuana, and may cultivate no more than seven marijuana plants, of which no more than three may be mature. The law establishes a mandatory, confidential state-run patient registry that issues identification cards to qualifying patients.

Accepts other states' registry ID cards? No. The medical use provisions in Hawaii do not include reciprocity provisions protecting visitors from other medical use states.

AMENDMENTS: No, although Hawaii has a separate statute allowing patients arrested on marijuana charges to present a "choice of evils" defense arguing that their use of marijuana is medically necessary.

MEDICAL MARIJUANA STATUTES: Haw. Rev. Stat. §§ 329-121 to 329-128 (2008).

POSSESSION/CULTIVATION: The amount of marijuana that may be possessed jointly between the qualifying patient and the primary caregiver is an "adequate supply," which shall not exceed three mature marijuana plants, four immature marijuana plants, and one ounce of usable marijuana per each mature plant.

• 3 oz usable; 7 plants (3 mature, 4 immature)

CAREGIVERS: Yes. Primary caregiver is a person who has the responsibility for managing the well-being of the qualifying patient with respect to the medical use of marijuana. Primary caregiver is a person other than the qualifying patient, or the patient’s physician. The caregiver must be 18 years of age or older. Qualifying patients shall have only one primary caregiver an any given time. Primary caregiver shall be responsible for the care of only one qualifying patient at any given time. Haw. Rev. Stat. §§329-121; 329-123 (b),(c) (2008).

For further information and Becoming a Patient in Hawaii

CONTACT INFORMATION: Administrative rules for Hawaii’s medical marijuana program are available online from the Drug Policy Forum of Hawaii website at: Home Drug Policy Forum of Hawaii

Application information for the Hawaii medical marijuana registry is available by writing or calling:

Hawaii Department of Public Safety
919 Ala Moana Boulevard
Honolulu, HI 96814
(808) 594-0150

Source: NORML
 
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Julie Gardener

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Hawaii Marijuana Penalties​

Possession

♦ Less than 1 oz - misdemeanor Incarceration 30 days* Fine $1,000

♦ 1 oz to 1 lb - misdemeanor Incarceration 1 year* Fine $2,000

♦ 1 to 2 lbs - felony Incarceration 5 years* Fine $10,000

♦ 2 to 25 lbs - felony Incarceration 10 years* Fine $25,000

♦ 25 lbs or more - felony Incarceration 25 years* Fine $50,000

*Probation for first offense with dismissal upon completion of probation.
Exceptions for authorized medical use.


Cultivation

♦ 25 to 50 plants - felony Incarceration 5 years Fine $10,000

♦ 50 to 100 plants - felony Incarceration 10 years Fine $25,000

♦ 100 plants or more - felony Incarceration 20 years Fine $50,00


Sale

♦ Less than 1 oz - misdemeanor Incarceration 1 year Fine $2,000

♦ 1 oz to 1 lb - felony Incarceration 5 years Fine $10,000

♦ 1 to 5 lbs - felony Incarceration 10 years Fine $25,000

♦ 5 lbs or more - felony Incarceration 20 years Fine $50,000

Exceptions for authorized medical use


Miscellaneous (paraphernalia, license suspensions, drug tax stamps, etc...)

Any marijuana found in a vehicle results in all occupants being charged with its possession


Details
Possession of less than one ounce of marijuana is a misdemeanor offense, punishable by up to 30 days in jail and a fine of up to $1,000. Possession of one ounce or more is a misdemeanor punishable by up to one year in prison and a fine of up to $2,000. Any possession of amounts of one pound or more are felonies. The possible sentence for possession of one pound or more is up to 5 years in prison and a fine of up to $10,000. Possession of two pounds or more is punishable by up to 10 years in prison and a fine of up to $25,000.
Possession of 25 pounds or more is punishable by up to 25 years in prison and a fine of up to $50,000.

For first time offenders, the court can defer proceedings, place the accused on probation and upon completion of the probationary period the court can dismiss the charges.

For cultivation of 25 plants or more, the possible sentence can be up to 5 years in prison and a fine of up to $10,000. For 50 plants or more the sentence can be up to 10 years in prison and a fine of up to $25,000. For
100 plants or more the sentence can be up to 20 years in prison and a fine of up to $50,000.

Sale or distribution of less than one ounce of marijuana is a misdemeanor, punishable by up to one year in prison and a fine of up to $2,000. Sale or distribution of any amount greater than one ounce is a felony. For one ounce or more, the sentence can be up to 5 years in jail and a fine of up to $10,000. For one pound or more, the sentence can be up to 10 years in prison and a fine of up to $25,000. For five pounds or more the
penalty rises to a possible 20 years in prison and a fine of up to $50,000.

It is an affirmative defense to any marijuana related offense that the person distributing or possession the marijuana was authorized to do so for medical purposes.

Any marijuana found in a vehicle results in all the occupants of the vehicle being charged with its possession unless the marijuana was found on the person of one of the occupants.


Conditional release: The state allows conditional release or alternative or diversion sentencing for people facing their first prosecutions. Usually, conditional release lets a person opt for probation rather than trial. After
successfully completing probation, the individual's criminal record does not reflect the charge.

Medical marijuana: This state has medical marijuana laws enacted. Modern research suggests that cannabis is a valuable aid in the treatment of a wide range of clinical applications. These include pain relief, nausea, spasticity, glaucoma, and movement disorders. Marijuana is also a powerful appetite stimulant and emerging research suggests that marijuana's medicinal properties may protect the body against some types of malignant tumors, and are neuroprotective.

Hemp: This state has an active hemp industry or has authorized research. Hemp is a distinct variety of the plant species cannabis sativa L. that contains minimal (less than 1%) amounts of tetrahydrocannabinol (THC),
the primary psychoactive ingredient in marijuana. Various parts of the plant can be utilized in the making of textiles, paper, paints, clothing, plastics, cosmetics, foodstuffs, insulation, animal feed, and other products.

Warning: The information contained in this report is for informational purposes only. Individuals are encouraged to confirm their state's laws before engaging in any particular behavior, or before going to court without a lawyer. Marijuana laws and penalties change rapidly and are enforced and interpreted differently even in the same legal jurisdiction. Please consult a criminal defense lawyer if you have been busted or if you want to know how a particular conduct might be punished. If you spot an error or have information that should be included please let us know.

Source: NORML web site

Be informed, be well and let's change these state fines and penalties as they are unfair to everyone.

:Namaste:
 
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sunnyside58

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ALOHA, This is all fine and dandy to finally have marijuana legal to grow at a very small quantity State level ONLY. But we still do not have dispensaries for those who have no way of getting the stuff. So the sick and elderly have to go out on the street and buy illegally. Makes great sense. Not everyone knows anybody that they can have grow for them nor they know anyone to buy from but thru a friend that is buying it illegally. Hawaii is a bit back ass ward and I live here. I grow what little I can and give to those who can not get it other wise. I go through a person that helps us to grow all natural and gives work shops on growing. Like 420 Mag. only it is live and in a sort of class room. Cool but we really need state ran dispensaries so the Feds will oh and they will , leave them alone. State and Federal work better together than alot of other states. We could use the revenue for Education and our pot hole ridden streets. And I mean hole for pot..ha ha ha

See Hawaii: Medical Marijuana Law Overview and State Fines/Penalties for more up to date information regarding state laws and penalties.
 
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