Introduction

As a registered medical cannabis patient (or caregiver) in Hawaiʻi, you have rights and protections under state law. But those rights also come with responsibilities and limits. This page will walk you through what the law guarantees, what it prohibits, and what to watch out for.

1. Right to Not Be Discriminated Against (in Certain Contexts)

Schools and landlords: You cannot be denied enrollment in a public or private school or refused a lease solely because you hold a valid medical cannabis registry card — as long as you are otherwise in compliance with the medical cannabis law.

Medical care: If you are a registered patient using cannabis according to state law, your use should be treated like any other physician-directed medication. You should not be disqualified from receiving medical treatment solely because of your cannabis use.

Child custody and parental rights: The law states that registered patients or caregivers shall not be denied custody of, visitation with, or parenting time with a minor simply because of their status — unless their conduct creates a danger to the child.

Note: Some protections are limited. For example, if a landlord participates in a federal housing program, federal law may conflict with state protections. These protections only apply when you are strictly complying with state medical cannabis rules.

2. Possession, Cultivation, and Transport Rights (with Limits)

To enjoy legal protections, you must stay within the lawful boundaries. Here’s what the law allows — and forbids.

What is allowed:

• You and your primary caregiver together may possess up to four ounces of usable medical cannabis.

• You may cultivate a limited number of cannabis plants for personal medical use (typically up to ten total plants for the patient and caregiver combined).

• Registered patients have the right to purchase medical cannabis and manufactured cannabis products from state-licensed dispensaries.

• Patients and caregivers may prepare extracts such as oils, tinctures, or edibles as long as total THC amounts remain within legal limits.

What is prohibited or restricted:

• Cannabis may not be used, consumed, or smoked in public places.

• When transporting cannabis, it must be in a sealed container, not visible to the public, and must remain sealed while in a public space or vehicle.

• You cannot legally transport cannabis between islands.

• Beginning in 2028, cultivation without a licensure permit may be prohibited for patients under Act 108.

3. Privacy and Registry / Record Access

You have certain expectations of privacy, but there are also rules that may affect them.

• The medical cannabis registry is maintained by the Hawaiʻi Department of Health.

• The Department of Health now has the authority under recent law to inspect patient records held by certifying providers without a warrant.

• The registry does not freely share cardholder data with law enforcement in all cases.

• You must present your registry card (physical or electronic) when requested by law enforcement, especially when in possession of medical cannabis. Not having access to your card (for example, due to no Wi-Fi signal) is not considered a valid excuse.

4. Compliance Is Key

Your rights depend on strict compliance. If you deviate from what the law allows, you may lose your protections.

• Always keep cannabis in sealed containers and out of public view while transporting.

• Use only in private settings — not in public spaces.

• Stay under the possession and plant limits.

• Keep your registry current and renew it before it expires.

• Maintain documentation and always have your 329 registry card and photo ID on hand.

• Be aware of new laws, including the 2028 cultivation rule changes and expanded qualifying conditions under recent reforms.

5. Recent and Upcoming Legal Changes to Watch

• Expanded eligibility: In 2025, reforms made it easier for more patients to qualify for medical cannabis, allowing telehealth certification and expanding the list of conditions.

• Cultivation changes: Beginning January 1, 2028, Act 108 will prohibit home cultivation by unlicensed individuals.

• Privacy concerns: The Department of Health’s expanded authority to inspect medical records has raised questions about patient confidentiality and data security.

6. Tips and Best Practices for Patients

• Keep both a hard copy and a digital copy of your registry card accessible at all times.

• When transporting cannabis, keep it sealed and stored out of sight (such as in the trunk of your car).

• Do not consume cannabis in areas where smoking is prohibited — Hawaiʻi’s smoke-free laws apply to cannabis as well.

• Stay within the legal possession limit of four ounces of usable cannabis.

• Keep your own records of purchase dates, amounts, and sources.

• Stay informed — Hawaiʻi’s medical cannabis laws are evolving, so check for updates regularly.