Must Have License to Possess Medical Cannabis

It should be noted that the Department of Health states that they are currently processing cards within 3 to 5 weeks. However, the holiday season traditionally has seen a slowdown in processing speed. We are hoping that their new system will prevent that, and in fact, we hope that the card issuance time will be dramatically improved. 

We will no longer be checking the status of cards. The cards are mailed directly to patients. There are some residual cards being issued through the old system, but all new cards after December 1st are sent by the state and we do not have any control over them.

Please be careful and try not to make any errors. 

The DOH says that you can't possess medical cannabis or grow until you take possession of your license, so the waiting for the issuance of cards is very important. It affects medical care directly. The law says you only need a medical doctor’s certificate, so this is one area that needs to be resolved. I am not a lawyer and I do not give any legal advice on what to do if you do not have a current valid registration card.  As written in law:

Haw. Rev. Stat. § 329-122: Hawaii Statutes - Section 329-122: Medical use of marijuana; conditions of use.

(a) Notwithstanding any law to the contrary, the medical use of marijuana by a qualifying patient shall be permitted only if:

(1) The qualifying patient has been diagnosed by a physician as having a debilitating medical condition;
(2) The qualifying patient's physician has certified in writing that, in the physician's professional opinion, the potential benefits of the medical use of marijuana would likely outweigh the health risks for the particular qualifying patient; and
(3) The amount of marijuana possessed by the qualifying patient does not exceed an adequate supply.

The issue involves only the use of medical cannabis by patients. One should not have to wait for the state to issue a document in order to receive medical care in the form of medicine. NO WHERE else in medicine are patients required to wait. You are seen by a licensed physician and receive a prescription. Then you go get the medicine at the pharmacy, THAT VERY DAY, if needed. Cancer patients need immediate protection, as they have immediate needs due to chemotherapy and other treatments. Children with severe seizure disorders are being told to wait as well.  As a father and grandfather, I can imagine the distress that this condition causes. There are lots of people who have immediate needs, and the state is making ALL wait for their process. I would be sued for medical malpractice if I forced cancer patients to wait weeks to months for care, without medical cause or reason.  Now, It looks like it will require the Hawaii State Legislature to revise the statutes in the upcoming 2016 Legislative Session.  I want to publicly thank Sen. Wil Espero and Rep Della Belatti for their efforts on patients' behalf. 

EVERYONE is free to contact the DOH themselves, and to complain to the governor. I do not know of any quick number into the DOH. The phone number is mostly busy for us too! We are not state employees. If you want to be rude to us for the card delays, we will ask you to go elsewhere for your future needs. We are just as unhappy about the waiting as you are. This is an issue between you and the State of Hawaii Government and the Department of Health.

All I can say is to be careful with the application/ certifications so that it is filled out perfectly with no errors, and to be patient.