Tag: Marijuana

Pakalolo on Hawaii

Dreaming of relaxing in the ocean breeze with your feet in the sand, overlooking the Pacific Ocean with a joint of marijuana in your hand? Hawaiian paradise may conjure up dreams of listening to Bob Marley, and weed in Hawaii can often be smelled while sitting on some beaches. However, is marijuana legal in Hawaii? The short answer is that marijuana, also known as pakalolo in Hawaiian, is legal for certain medical reasons and with proper documentation. Although recreational marijuana is not legal in Hawaii, Hawaii’s marijuana laws are constantly evolving. Read on to learn more about weed in Hawaii. What are the marijuana laws in Hawaii? Hawaii has several monumental cannabis laws, including being the first state to legalize the use of recreational marijuana in 2000 by the state legislature with Act 228. Here is the history of Hawaii’s major marijuana laws: 2000 – Act 228 allowed medical card holders grow marijuana themselves or have a caregiver grow marijuana for them. This law, which is the initial implementation of the Medical Marijuana Law in Hawaii, made Hawaii the eighth state to legalize medical marijuana and the first state to legalize medical marijuana through an act of the state legislature. Hawaii Revised Statutes (HRS) 329 is Hawaii’s uniform Controlled Substances Act, which was written under Act 228 and has been amended by other laws over the years. HRS 329 contains most of the laws regarding the medical use of marijuana in Hawaii, including information regarding registration of eligible patients. The 329 card, which is issued to registered medical cannabis patients in Hawaii, is named after HRS 329. 2015 – After 15 years of no legal marijuana market or dispensaries in Hawaii, Act 241 was passed. This clarified registration information for legal medical marijuana use in Hawaii. He also directed the Hawaii Department of Health to create a medical marijuana dispensary program to sell medical and industrial marijuana products to registered patients. Senate Bill 321, passed in 2016, authorized the establishment of eight marijuana dispensaries in Hawaii. All eight marijuana dispensaries are open today and can be found on Oahu, Kauai, the Big Island and Maui. Read on to find out where medical marijuana dispensaries are located in Hawaii. 2016 – With the signing of Act 228 by Governor David Ige, industrial hemp for agricultural or academic research became legal in Hawaii. Today, there are no criminal or civil penalties in Hawaii for “planting, growing, harvesting, possessing, processing, selling or purchasing” industrial hemp due to the passage of House Bill 773 in February 2017. 2020 – In January 2020, Hawaii decriminalized marijuana, eliminating prison sentences for possession of less than three grams of marijuana for any reason. If you are caught in Hawaii with less than three grams of marijuana, you will still have to pay $130 unless you are a legally registered medical marijuana user. With the passage of this bill, Hawaii became the 26th US state to decriminalize marijuana possession. Medical marijuana Hawaii

How can I legally smoke marijuana in Hawaii? The answer is to legally register to use medical marijuana in Hawaii through the Medical Marijuana Patient Registration Program. Here are three basic steps to legally smoking marijuana for medical reasons in Hawaii:  

1. Step 1: Have a proven medical condition to use medical marijuana. Do you have a patient-physician or APRN relationship? This relationship is a precursor to being able to legally smoke medical marijuana in Hawaii, as a doctor must certify to the state’s online account that you have a certain medical condition that allows you to be a legal marijuana user in the State of Hawaii. The physician or APRN will write a certification application and electronically sign in the state database that the patient has a qualifying condition. Please note that in order to sign, the physician or nurse must mail the signature form to the Department of Health and also link their “myPVL” license to the Medical Cannabis Registry. According to HRS-329, there are certain “debilitating medical conditions” that qualify for medical marijuana use in Hawaii: Amyotrophic Lateral Sclerosis (ALS) Cancer Epilepsy Glaucoma Lupus Multiple Sclerosis Rheumatoid Arthritis HIV Immunodeficiency Syndrome Post-Traumatic Stress Disorder (PTSD) If you don’t have any of the debilitating diseases listed above, but you suffer from one of these conditions, you may also be eligible to legally smoke marijuana in Hawaii: Severe pain Severe nausea Seizures Muscle spasms Cachexia or muscle wasting Do you think conditions such as should insomnia, depression or anxiety be added to Hawaii’s list of approved medical marijuana products? A petition can be submitted to the Department of Health, which must include evidence-based research in support of adding the condition to the list.  

1. Step 2: Register with the Hawaii Department of Health. If you believe you may qualify, you will need to create an online 329 application with the Hawaii Medical Cannabis Registry. To register to smoke medical marijuana in Hawaii, you must complete a number of pages and steps, including the following potential hurdles: Uploading copies of a valid driver’s license, state ID, or passport Entering a certifying physician or APRN name with whom you have already established a patient-caregiver relationship If applicable , download the Grow Site Certification form and decide whether you will grow the plants as a patient or have a caregiver grow the Hawaii marijuana plants for you. Registration fee of $38.50 for annual registration or $77.00 for two-year registration. Please note that if you provide incorrect information and need to make changes, you will be charged $16.50. 
2. Step 3: Get your 329 registration card and smoke weed at a Hawaii dispensary or your own marijuana dispensary. The Hawaii Department of Health will review applications in the order they are received. If the application is incomplete, you will be notified by email and asked to resubmit the application with appropriate changes for an additional fee. Once your application is approved, you will be able to access your 329 card in the same registry portal. You’ll want to print this card and you can now legally use medical marijuana in Hawaii! As a patient or caregiver, you must carry valid identification and a valid 329 card if you have medical marijuana. Please note that Hawaii law enforcement has access to the Medical Marijuana Registration Program to verify whether people legally possess marijuana. Please also note that the 329 card may be confiscated or you may be denied entry to the dispensary if the card is tampered with, altered, or used by another person. Additionally, the 329 card will need to be renewed before it expires. Registered marijuana users in Hawaii will receive an email notification 60 days before the 329 card expires. Renewing a 329 card is similar to applying for the first time, and it is often easiest to use the same physician or APRN to verify your condition. Often, a two-year extension for medical marijuana is allowed if the following conditions are met: The same physician or APRN certifies you The condition is chronic The physician or APRN states that a two-year 329 extension is in the best interests of the patient. Medical Marijuana Dispensaries in Hawaii Now that you can legally use marijuana to treat medical conditions in Hawaii, you may be wondering how you can legally buy weed in Hawaii. There are several legal medical marijuana dispensaries on all of Hawaii’s major inhabited islands:  

Oahu Marijuana Dispensaries

• Oahu Marijuana Dispensaries Aloha Green Waikiki 2113 Kalakaua Ave., Honolulu HI 
• King Street: Interstate Building, 1314 S. King St. Honolulu HI 96814808
• Honolulu 3131 North Nimitz Highway, Honolulu HI 96819
• Cure Oahu Honolulu 727 Kapahulu Ave., Honolulu, HI 96816808-208-8770
• Noa Botanical Honolulu 1308 Young Street, Honolulu, HI 96814808-800-2126
• Kaneohe 46-028 Kawa Street, Kaneohe HI 96744808-550-9860

Maui Marijuana Dispensaries 

• Kahului 44 Paa Street, Kahului, HI 96732 808-866-7576
• Lahaina 1087 Limahana Place, Unit 4B, Lahaina, HI 96761  
• Pono Life Maui Kahului 415 Dairy Road., Kahului, HI 96732 808-489-9454

Marijuana Dispensaries Hawaii Island (Big Island) Marijuana Dispensaries

• Hawaiian Ethos Hilo 578 Kanoelehua Ave., Hilo, HI 96720 808-731-5559
• Kona 73-5613 Olowalu Street, Ste. 7, Kailua-Kona, HI 96740 808-339-3205  
• Waimea 64-1035 Mamalahoa Hwy., Unit J, Kamuela, HI 96743 808-731-5082
• Big Island Grown Hilo 750 Kanoelehua Ave., Ste. 104, Hilo, HI 96720 808-825-5533
• Waimea 64-1040 Mamalahoa Hwy., Waimea, HI 96743 808-825-5910  
• Kona 74-5617 Pawai Place., Kailua-Kona, HI 96740 808-374-8210

Kauai marijuana dispensaries

• Green Aloha + Dispensary Wailua 4-1565 Kuhio Hwy #3, Kapaa, HI 96746 808-320

How can I legally grow marijuana plants in Hawaii?  

Before the Hawaii Medical Marijuana Dispensary Program was created in 2015 and the first legal weed was sold on Maui in August 2017, legal medical marijuana users were required to grow their own plants or have a caregiver grow the plants for them. Growing marijuana plants illegally in Hawaii carries heavy fines and prison sentences. Growing 25-50 marijuana plants on your own property is a felony punishable by up to 5 years in prison and a $10,000 fine. However, if you are a registered marijuana patient or caregiver, you have the opportunity to grow medical cannabis in Hawaii, but you must carefully follow Hawaii laws. Here are some important details for growing marijuana legally in Hawaii: You must have indicated that you intend to grow your own supply of medical marijuana when you register for your 329 card online. You can grow a “sufficient amount” of marijuana, which means no more than ten plants. You cannot have more than 4 ounces of usable marijuana between an enrolled patient and a caregiver. You may only grow in the location designated on your 329 card, and that location may only be the residence/possession or control of the applicable patient or designated caregiver. You can only grow on one site. Each plant must be labeled with a 329 card number and expiration date in accordance with Hawaii Department of Health labeling guidelines. If you are a registered medical marijuana user, growing Hawaii cannabis in your personal home may be the best option for a consistent and economical supply of marijuana. Recreational Marijuana in Hawaii Medical marijuana is legal in Hawaii, but when will it be legal to smoke marijuana recreationally in Hawaii? While possession of less than three grams of marijuana is not a crime, and the maximum fine for this offense is $130, the bottom line is that recreational use of marijuana is illegal. Various bills have been introduced to try to legalize recreational marijuana in Hawaii over the years, including in February 2021; however, the bill was never passed.  

Therefore, if you are caught in possession of marijuana and do not have a 329 card for medical marijuana use, you could face serious penalties in Hawaii. 

Hawaii Revised Statutes (HRS) 712 and 706 describe the consequences of a marijuana arrest in Hawaii:  

Crime Penalty Maximum prison term Maximum exact:

• Possessing 3 grams Violation Nobody $130  
•  With 3 grams to 1 ounce. misdemeanor 30 days $1,000  
• Featuring 1 oz. up to 1 pound misdemeanor 1 year $2,000  
• With 1 lb. felony 5 years $10,000   

Commercial promotion of marijuana is always a criminal offense. Selling marijuana is a misdemeanor if it weighs less than one ounce and carries a fine of up to $2,000 and 1 year in jail; however, selling more than 1 ounce is a criminal offense that carries heavy fines and jail time. Selling marijuana paraphernalia is also a criminal offense with hefty fines and fees. Weed in Hawaii In conclusion, relaxing and smoking a joint on a private beach in Hawaii is legal if you are a registered medical marijuana patient with a 329 card and obtained your marijuana legally – either through a legal dispensary or through your own private plants. 

However, recreational marijuana is illegal in Hawaii. Possession of less than 3 ounces of marijuana is not a crime, but if you are caught, you could face a $130 fine. Hawaiian paradise may conjure images of free-smoking a joint while gazing out into the deep blue sea, but consuming marijuana in Hawaii isn’t exactly legal.