How To Open a Dispensary In Hawaii

Overview

On June 9 2019, Hawaii decriminalized marijuana with the passing of HB 1383. The new law removes the possibility of jail time as a penalty for up to three grams of marijuana, but maintains a $130 fine. Hawaii’s legislature approved the bill and sent it to Democratic Gov. David Ige in May. Ige didn’t sign it, but he also didn’t veto it, effectively letting it become law. The new law will take effect on January 11, 2020. The new law also establishes a working group within the state attorney general office to study the impact of legalization in other states and issue a report on their findings and recommendations before the 2021 legislative session.

The Medical Cannabis Registry Program was created by Act 228 (Session Laws of Hawaii 2000), and is codified in the Hawaii Revised Statutes at part IX, Chapter 329, HRS. The Medical Cannabis Dispensary Program was created by Act 241 (Session Laws of Hawaii 2015), and is codified in the Hawaii Revised Statutes (HRS) at Chapter 329D, HRS. The Hawaii Department of Health is responsible for administering the Medical Cannabis Registry Program and the Medical Cannabis Dispensary Program.

The Hawaii DOH provides these Key Messages:

• Products containing CBD are not generally considered safe and there may be potential health risks associated with them.
• It is illegal to add CBD to food, beverages and cosmetics that are manufactured, distributed and sold in Hawaii.
• CBD may not be sold as a “dietary supplement.”
• CBD may not be marketed by asserting health claims because that would constitute prohibited misbranding or false advertising.
• CBD is the active ingredient in an FDA-approved prescription drug. Therefore, it cannot be put into food, beverages and cosmetics, sold as a drug without a prescription, or marketed as a “dietary supplement.”

Hawaii Marijuana History

House Bill 321, the bill that establishes a licensing system for medical marijuana dispensaries, passed on July 14th, 2015. This was 10 years after the state legalized medical marijuana in 2000. The law allows 8 dispensary licenses, of which each licensee is allowed up to 2 production and 2 retail dispensing locations. The state awarded 8 licenses in April of 2016.

On June 9 2019, Hawaii decriminalized marijuana with the passing of HB 1383. The new law removes the possibility of jail time as a penalty for up to three grams of marijuana, but maintains a $130 fine. Hawaii’s legislature approved the bill and sent it to Democratic Gov. David Ige in May. Ige didn’t sign it, but he also didn’t veto it, effectively letting it become law. The new law will take effect on January 11, 2020. It also establishes a working group within the state attorney general office to study the impact of legalization in other states and issue a report on their findings and recommendations before the 2021 legislative session.