Haw. Code R. § 11-850-45 - Dispensary to dispensary sales

(a) A dispensary licensee that proposes to purchase cannabis or manufactured cannabis products from another dispensary licensee shall submit a proposed purchasing plan to the department on a form prescribed by the department. The proposed purchasing plan shall be submitted at least thirty days before purchase, except as allowed in subsection (g). Purchasing plans shall include the following:

(1) The name of the selling and purchasing dispensary licensees;

(2) Signature of a duly authorized representative of both the selling and the purchasing dispensary licensees;

(3) The amount and type of cannabis or manufactured cannabis product planned to be purchased, including the equivalent physical weight of the cannabis used to manufacture the manufactured cannabis products, calculated by the seller pursuant to section 329D-9(c), HRS; and

(4) An explanation by the purchasing dispensary licensee of how the planned purchase is necessary:

(A) To ensure that qualifying patients have continuous access to cannabis for medical use; or

(B) For medical, scientific, or other legitimate purposes approved by the department.

(b) The department may approve or deny a proposed purchasing plan at its discretion.

(c) Upon department approval of a purchasing plan, a dispensary licensee may purchase according to the plan; provided that a dispensary licensee shall not receive within a thirty-day period more than eight hundred ounces of cannabis or manufactured cannabis products, based on the equivalent physical weight of the cannabis used to manufacture the manufactured cannabis products, calculated by the seller pursuant to section 329D-9(c), HRS, except as allowed in subsection (g).

(d) Cannabis and manufactured cannabis products sold to another dispensary licensee shall meet all applicable testing requirements in subchapter 9 and all transportation requirements in section 11-850-36.

(e) Cannabis and manufactured cannabis products purchased pursuant to this section intended for direct retail sale shall meet all applicable packaging and labeling requirements for retail sale in subchapter 10 at the time of transportation to the purchasing licensee's production center.

(f) Cannabis and manufactured cannabis products purchased pursuant to this section that are not intended for direct retail sale may be used in production. If any change is made to the cannabis or manufactured cannabis product other than repackaging bulk packaged cannabis into retail packaging, putting bulk packaged oil into products designed for safe pulmonary administration, or relabeling, the final form shall be re-tested and comply with requirements in subchapter 9.

(g) A licensee may petition the department for permission to purchase cannabis or manufactured cannabis products less than thirty days after submission of the proposed purchasing plan required by subsection (a) or in an amount exceeding the limit specified in subsection (c). The department may grant petitions at its discretion. Petitions shall include:

(1) An explanation of how unforeseeable circumstances, such as fire, flood, or blight, reduced the petitioner's inventory to such an extent that patient access is currently or imminently threatened;

(2) The proposed amounts of cannabis and each type of manufactured cannabis product the petitioner requests permission to purchase; and

(3) The proposed timing of purchase.

Notes

Haw. Code R. § 11-850-45

[Eff and comp 8/7/2023] (Auth: HRS §§ 321-9, 329D-6, 329D-27) (Imp: HRS §§3290-6, 329D-9, 329D-11, 329D-18) Comp 4/5/2024 Comp 12/6/2024