Haw. Code R. § 11-850-31 - Dispensary operations

(a) In all dispensary facilities, only the individual licensee, authorized employees of the dispensary, authorized employees of the subcontracted dispensary facilities, employees of a certified laboratory for analysis purposes, state employees authorized by the director, and law enforcement and other government officials acting in their official capacity shall be permitted to touch or handle any cannabis or manufactured cannabis products; provided that a qualifying patient, primary caregiver, qualifying out-of-state patient, or caregiver of a qualifying out-of-state patient may receive cannabis or manufactured cannabis products at a retail dispensing location following completion of a sale.

(b) A retail dispensing location shall not be at the same location as a production center. Considerations for determining whether locations are the same include proximity and whether there are separate buildings, entrances, and parking areas.

(c) No dispensary licensee, including a dispensary licensee's officers, employees, agents, or anyone with any financial interest in a licensed dispensary shall provide written certification pursuant to chapter 329, HRS, for the medical use of cannabis for any person. A dispensary shall not provide to a physician or advanced practice registered nurse who provides written certification any benefit or consideration, including payment, discount, advertising, office space, or event space. A dispensary shall not provide to patients, directly or indirectly, any benefit for seeking or receiving written certification from a particular physician or advanced practice registered nurse.

(d) A dispensary licensee shall maintain and follow all policies and procedures required by this chapter.

(e) Sale and transportation of cannabis or manufactured cannabis products from one dispensary licensee to any other dispensary licensee shall be completed in accordance with sections 11-850-36 and 11-850-45.

Notes

Haw. Code R. § 11-850-31

[Eff DEC 14 2015] (Auth: HRS §§ 321-9, 329D-27) (Imp: HRS §§ 329D-2, 329D-6, 329D-17, 329D-18) [Am and comp 2/24/2022] (Auth: HRS § 329D-7) (Imp: HRS § 329D-7, SLH 2017, Act 170, §3) Comp 4/29/2022 Am and comp 11/17/2022 Am and comp 8/7/2023 Comp 4/5/2024 Comp 12/6/2024