Yes. Medical cannabis dispensaries, qualifying patients, and primary caregivers can cultivate cannabis for medical use in Maui County. The Office of Medical Cannabis Control and Regulation (OMCCR) under the Department of Health (DOH) oversees and administers the medical cannabis dispensary licensure and regulation and the registration of qualifying patients and primary caregivers.
Qualified patients may grow an adequate supply of up to 10 immature or mature cannabis plants in a designated grow site. It is the qualified patient who designates the cannabis grow site that is also indicated in their registry card. Caregivers may grow cannabis plants on behalf of a registered patient only at a grow site and in an amount jointly possessed between the patient and the caregiver that does not go beyond the adequate supply. Grow sites shall be either the qualifying patient or caregiver’s residential address or another area that is owned or controlled by the qualifying patient or caregiver. Title 11, Chapter 160 of the Hawaii Administrative Rules does not specify whether a cannabis plant may be cultivated indoors or outdoors.
Each cannabis plant grown by qualifying patients or caregivers must have a legible identification tag that indicates their 329 registration number and expiration date. Any person not registered as a patient or caregiver shall not transfer cannabis or paraphernalia nor handle a qualifying patient’s medical marijuana.
A medical cannabis dispensary license permits a person to produce, manufacture, and dispense cannabis and manufactured cannabis products only in the county for which the license is granted. Eight dispensary licenses are issued statewide, where two dispensary licenses shall be issued to Maui County. A production center can cultivate not more than 5,000 cannabis plants. However, the DOH may allow the licensee to produce an additional 2,500 cannabis plants but not exceed 7,500 cannabis plants at a single production center. It is mandated that the production of cannabis shall occur in enclosed indoor facilities and maintain 24-hour security measures.
Yes. Medical cannabis dispensaries are authorized to manufacture cannabis for qualifying patients. Cannabis manufacturing is preparing, processing, propagating, compounding, or converting cannabis or tetrahydrocannabinol (THC) through extraction, chemical synthesis, and the combination of extraction and chemical synthesis. It also includes packaging or repackaging the substance and labeling or relabeling the product container.
The licensed cannabis manufacturer shall establish health, safety, and sanitation standards regarding the manufacturing of medical cannabis products. It shall accurately calculate the equivalent physical weight of the cannabis used to manufacture the product. Medical cannabis products must be in opaque and child-resistant packaging so that the contents cannot be identified outside the packaging. It must be labeled with “For medical use only” and contains information about the potency and contents of the product.
Moreover, the DOH shall establish and enforce regulations for the laboratory testing of the content, contamination, and consistency of cannabis and manufactured medical cannabis products. The department may take guidance from the U.S. Environmental Protection Agency (EPA) regarding its testing programs and pesticide standards.
Yes. Qualified patients and primary caregivers may receive not more than 4 ounces of usable cannabis within 15 days and not more than 8 ounces within 30 days from medical cannabis dispensaries. This amount shall include any combination of usable cannabis and manufactured cannabis products. They may also possess up to 10 cannabis plants, whether mature or immature. Qualifying out-of-state patients or their designated caregivers may also purchase cannabis from medical cannabis dispensaries in Hawaii, subject to the same amount allowed for qualifying in-state patients and their caregivers.
Usable cannabis refers to the dried flowers and leaves of the cannabis plant and any preparation or mixture appropriate for the medical use of cannabis. It does not include the seeds, roots, and stalks of the cannabis plant. Meanwhile, manufactured cannabis products are any edible, lozenge, capsule, oil or oil extract, ointment of skin lotion, tincture, pill, transdermal patch, or pre-filled and sealed container used to aerosolize and deliver cannabis orally (i.e., inhaler or nebulizer), or any product allowed by law. Edibles are cannabis products intended for the gastrointestinal administration of cannabis extract and are regulated as manufactured cannabis products and not as “food” or “drug.”
Retail dispensing locations shall be enclosed indoor facilities and shall maintain 24-hour security measures. The retailer shall be open from 8:00 AM to 8:00 PM (HAST), Mondays to Sundays. Only permitted persons shall have access to the facility, and remain locked at all times except during business hours. No free samples of cannabis products may be provided at any time. Furthermore, no consumption of cannabis products may be allowed on the dispensary premises.
No. Medical cannabis dispensaries are prohibited from off-premises delivery of cannabis products to a:
Qualifying in-state patient,
Caregiver of a qualifying in-state patient,
Qualifying out-of-state patient, or
Caregiver of a qualifying out-of-state patient.
The OMCCR requires qualifying patients to be registered in the Medical Cannabis Patient Registry Program so that they can buy and use medical cannabis in the state. A 329 Registration Card is issued to any person who complies with the following requirements:
For In-State Patients:
Diagnosed in their home state with one or more of the debilitating medical conditions recognized in Hawaii
Valid medical cannabis registration card issued by their home state
Valid driver’s license or state ID
Debilitating medical conditions include:
Amyotrophic Lateral Sclerosis (ALS)
Multiple Sclerosis (MS)
Positive status for human immunodeficiency virus (HIV)
Acquired immune deficiency syndrome (AIDS)
Post-traumatic stress disorder (PTSD)
A debilitating medical disease or its treatment that produces any of the following:
Cachexia or wasting syndrome
Seizures, including those characteristic of epilepsy
Severe and persistent muscle spasms, including those similar to MS or Crohn’s disease
The address of the cannabis grow site of the qualifying patient shall appear on the registry card. It is required that the certifying physician or APRN maintains a bona fide physician-patient relationship or nurse-patient relationship with the qualifying patient. The qualifying patients must also provide sufficient information identifying their primary caregivers in the registry card.
Medical Cannabis Registry Program
_Operating Hours: 8:30 A.M. to 3:30 P.M. (HST) _
The State of Hawaii does not impose special taxes on the sale of medical cannabis, nor does the state have sales tax. Instead, the gross receipts of business establishments from doing business in the state are subject to a 4% General Excise Tax (GET). The counties may adopt a county surcharge on the state GET; however, Maui County has not adopted a county surcharge.
The Department of Taxation (DOTAX) authored a report which presents the potential public revenue and estimated tax revenues from a legalized cannabis market in Hawaii since the recreational use of marijuana remains illegal. The cannabis market in 2021 was estimated to be at $240 million, 79% of which are illegal cannabis sales. Medical cannabis dispensaries reported $50 million in sales, which implies that legal cannabis sales represent only 21% of the market. The DOTAX estimates that if recreational and medical cannabis are allowed in the state, the mature cannabis market could generate up to $354 million. Additionally, tax revenues from GET and the imposition of cannabis excise tax could range from $36 to $51 million in 5 years from the legalization of recreational use.
While Act 228 legalized medical cannabis in Hawaii in 2000, it was Act 241, or the Medical Cannabis Dispensary Program, in 2015, which established safe and legal access to medical cannabis by regulating the quality of cannabis products from seed to sale.
According to the FBI Crime Data Explorer, the Maui Police Department made 810 driving under the influence (DUI) arrests in 2014. By 2016 and 2017, DUI arrests decreased to 694 and 711, respectively.
As for the illegal possession of marijuana, the authorities reported 446 arrests. This number was reduced to 293 and 353 arrests in 2016 and 2017. On the other hand, there were 31 arrests for the illegal sale/manufacturing of marijuana in 2014. In 2016, the number of arrests for the same offense dropped to 14, while the number increased to 36 in 2017.