Hawaii hasrestrictive and complex law and practice on marijuana use

Marijuana plant

Although Hawaii allows medical use of marijuana, and was one of the early states to do so, its laws are considered somewhat hypocritical and makes those with medical problems face serious difficulties in finding resources for their medicine.

As a local Hawaii attorney explains: Hawaii allows medical marijuana use by patients with debilitating medical conditions."This law protects such patients (and their physicians and caregivers) from prosecution and criminal penalties that apply to nonmedical marijuana possession and use."citing Hi. Rev Stat. Ann 329-122a   At the same time it is a crime to distribute and sell marijuana, and the penalties can carry a prison sentence of up to 20 years, depending upon the quantity distributed.

So what may a patient do in order to obtain marijuana in the State of Hawaii.?  First of all, the physicians authorized to prescribe the medication do not have to offer, for the most part, information on where marijuana may be obtained.  Unlike Oregon, where physicians list marijuana distributors as a matter of course once marijuana has been prescribed, Hawaii does not provide this information either through the doctor's offices or any other resource.

This means those who are prescribed the medication must seek an "underground" resource to obtain it or grow their own.  That's because it is illegal to distribute marijuana.  And it may be difficult, if not impossible, to find a resource for a cutting to begin to grow a marijuana plant.

Despite the strict laws on marijuana, Hawaii, in practice, is often reluctant to apply the rules because the consumption of marijuana is fairly widespread. In the 1970's it was common to find people on street corners soliciting tourists for marijuana purchase.  And it was common to find people in jail cells for taking marijuana, when the only reason for doing so might be cancer or some other debilitating condition.  The hypocrisy that drove the drug underground continues to be a problem in Hawaii for people who need the medication, even when they are on holiday, as tourism remains a key industry in the State.

The law allows a patient to have three mature marijuana plants or four immature marijuana plants.  A caregiver may help the patient plant and cultivate plants. Hawaii also has no reciprocal agreement with any other states.

By 2015 the state will require patients to obtain medical authorization only from their primary physician.

Over the past several years there have been a number of efforts to decriminalize the use of marijuana in Hawaii for both medical and non medical purposes, with various legislators observing the cost of putting distributors and their clients or patients in prison.  These efforts, however, have failed.

Pamela Lichty, as noted by a Huffington Post article, offered her observations regarding the what is considered to be a foolish situation regarding marijuana, where patients are prescribed its use and must grow their own plants, even when they may not know how to do so properly or don't have the resources to do it.  She is part of the Drug Policy Forum of Hawaii and said, early this year before the opening of the legislature: 

“The whole idea [of the medical marijuana law] was to get rid of the black market and help people out who are seriously ill,” she said. “We get people all the time who say, ‘I got my blue card, where do I get it?’ What are we supposed to say, ‘Go to Chinatown’? It’s really a contradiction.”