Haw. Code R. § 23-202-2

Current through November, 2024
Section 23-202-2 - Definitions

The following definitions shall apply in the interpretation and enforcement of this chapter:

"Adequate supply" means an amount of marijuana jointly possessed between the qualifying patient and the primary caregiver that is not more than is reasonably necessary to assure the uninterrupted availability of marijuana for the purpose of alleviating the symptoms or effects of a qualifying patient's debilitating medical condition; provided that the "adequate supply" jointly possessed by the qualifying patient and the primary caregiver not exceed three mature marijuana plants, four immature marijuana plants, and one ounce of usable marijuana per each mature plant.

"Administrator" means the administrator of the narcotics enforcement division, department of public safety.

"Debilitating medical condition" means:

(1) Cancer, glaucoma, positive status for human immunodeficiency virus, acquired immune deficiency syndrome, or the treatment of these conditions;

(2) A chronic or debilitating disease or medical condition or its treatment that produces one or more of the following:

(A) Cachexia or wasting syndrome;

(B) Severe pain;

(C) Severe nausea;

(D) Seizures, including those characteristic of epilepsy; or

(E) Severe and persistent muscle spasms, including those characteristic of multiple sclerosis or Crohn's disease; or

(3) Any other medical condition approved by the department of health pursuant to administrative rules in response to a request from a physician or potentially qualifying patient.

"Department" means the department of public safety.

"Immature marijuana plant" means a marijuana plant, whether male or female, that has not yet flowered and which does not yet have buds that are readily observed by unaided visual examination.

"Marijuana" shall have the same meaning as "marijuana" and "marijuana concentrate" as provided in sections 329-1 and 712-1240, Hawaii Revised Statutes.

"Mature plant" means a marijuana plant, whether male or female, that has flowered and which has buds that are readily observed by unaided visual examination.

"Medical use" means the acquisition, possession, cultivation, use, distribution, or transportation of marijuana or paraphernalia relating to the administration of marijuana to alleviate the symptoms or effects of a qualifying patient's debilitating medical condition. For the purposes of "medical use", the term distribution is limited to the transfer of marijuana and paraphernalia from the primary caregiver to the qualifying patient.

"Patient identification number" means with respect to the qualifying patient and primary caregiver:

(1) The unique, valid Hawaii driver's license number of the qualifying patient, primary caregiver, Hawaii State identification number, or passport number;

(2) If the qualifying patient or primary caregiver does not have a Hawaii driver's license or Hawaii State Identification number, the "patient identification number" means the patient's social security number; and

(3) If the qualifying patient is less than eighteen years old and has no Hawaii driver's license, Hawaii State identification number, passport number or social security number, then the patient identification number means the unique number contained on the valid driver's license of the patient's parent or legal guardian.

"Physician" means a person who is licensed under chapters 453 and 460, Hawaii Revised Statutes, and is licensed with authority to prescribe drugs and is registered under section 329-32, Hawaii Revised Statutes. "Physician" does not include physician's assistant as described in section 453-5.3, Hawaii Revised Statutes.

"Primary caregiver" means a person, other than the qualifying patient and the qualifying patient's physician, who is eighteen years of age or older, and who has agreed to undertake responsibility for managing the well-being of the qualifying patient with respect to the medical use of marijuana. In the case of a minor or an adult lacking legal capacity, the primary caregiver shall be a parent, guardian, or person having legal custody.

"Registry identification certificate" means a document issued by the department that identifies a patient authorized to engage in the medical use of marijuana, the patient's physician, the patient's designated primary caregiver, if any, and the location of the authorized marijuana plants.

"Qualifying patient" means a person who has been diagnosed by a physician as having a debilitating medical condition.

"Usable marijuana" means the dried leaves and flowers of the plant Cannabis family Moraceae, and any mixture of preparations thereof, that is appropriate for the medical use of marijuana. "Usable marijuana" does not include the seeds, stalks, and roots of the plant.

"Written certification" means the qualifying patient's medical records or a statement signed by a qualifying patient's physician, stating that in the physician's professional opinion, the qualifying patient has a debilitating medical condition and the potential benefits of the medical use of marijuana would likely outweigh the health risks for the qualifying patient. "Written certifications" are valid for only one year from the time of signing.

Haw. Code R. § 23-202-2

[Eff DEC 28 2000] (Auth: HRS §§ 329-31, 353C-2) (Imp: HRS §§ 329-121, 353C-2)