Hawaii Revised Statutes Division 1. Government § 329D-1




As used in this chapter:

Department” means the department of health.

Dispense” or “dispensing” means the act of a licensed dispensary providing marijuana or manufactured marijuana products to a qualifying patient or a primary caregiver for a fee.

Enclosed indoor facility” means a permanent, stationary structure with a solid floor, rigid exterior walls that encircle the entire structure on all sides, and a roof that protects the entire interior area from any exterior view and elements of weather;  provided that the roof of an enclosed indoor facility utilized as a production center pursuant to a medical marijuana dispensary license application or license renewal application submitted after January 29, 2016, may be partially or completely transparent or translucent.  An enclosed indoor facility excludes a greenhouse or shade house that does not comply with these requirements.  Nothing in this definition shall be construed to relieve a medical marijuana dispensary license applicant or license renewal applicant of the duty to comply with all applicable building codes and regulations.

Manufacture” means the preparation, propagation, compounding, conversion, or processing of a substance containing marijuana or its principal psychoactive constituent tetrahydrocannabinol, either directly or indirectly, by a person other than a qualifying patient or primary caregiver for the qualifying patient's use, by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container.

Manufactured marijuana product” means any capsule, lozenge, oil or oil extract, tincture, ointment or skin lotion, pill, transdermal patch, or pre-filled and sealed container used to aerosolize and deliver marijuana orally, such as an inhaler or nebulizer, that has been manufactured using marijuana, or any other products as specified by the department pursuant to section 329D-10(a)(9) .

“Marijuana” shall have the same meaning as in section 329-121 .

Medical marijuana dispensary” or “dispensary” means a person licensed by the State pursuant to this chapter to own, operate, or subcontract up to two production centers and up to two retail dispensing locations.

Medical marijuana production center” or “production center” means a farm or facility wholly owned, operated, or subcontracted by a person licensed by the State pursuant to this chapter as a medical marijuana dispensary that produces marijuana and manufactured marijuana products solely to supply marijuana and manufactured marijuana products to one or more of the retail dispensing locations of the licensed medical marijuana dispensary.

Person” means an individual, firm, corporation, partnership, association, or any form of business or legal entity.

“Primary caregiver” shall have the same meaning as in section 329-121 .

Production” or “produce” means the planting, cultivating, growing, or harvesting of marijuana. “Production” includes the manufacture of medical marijuana products pursuant to this chapter.

“Qualifying patient” shall have the same meaning as in section 329-121 .

Retail dispensing location” means an establishment owned, operated, or subcontracted by a medical marijuana dispensary where marijuana and manufactured marijuana are made available for retail sale to qualifying patients or primary caregivers.

Subcontractor” or “contractor” means any person or entity with whom the dispensary licensee has a contract to perform any of its production center or retail dispensing location operations;  provided that it does not include a person or entity retained by a dispensary licensee to perform services ancillary to the operations of a dispensary, including but not limited to construction, installation, or maintenance of the dispensary's facility, security systems, or tracking system, and laboratory testing.





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