Hawaii Drug Testing Laws and Regulations
|Statute of Order:||Hawaii Rev. Stat. Â§329B- 1 et seq.|
|Covered Employers:||All employers.|
|Applicant Testing:||Testing authorized if applicant receives advance notice in writing of substances to be tested for and has opportunity to disclose current prescription and nonprescription medications. Testing required of civil service applicants for positions with city of Honolulu.|
|Employee Testing:||Testing authorized if employee receives advance notice in writing of substances to be tested for and has opportunity to disclose current prescription and nonprescription medications.|
|Conditions & Methods:||Methods to assure privacy for employee in collection of specimen and reliability of results, including confirming test in case of positive findings.|
Hawaii Senate Bill 862 in 2000 - The Medical Use of Marijuana allowed qualified patients to possess an "adequate supply" of up to 3 ounces of usable marijuana and to cultivate up to 7 marijuana plants, only 3 of which may be mature flowering plants at any one time. There were no state-licensed dispensaries which was a major limitation of this law until in July 2015 when Act 241, HB 321 was signed, finally creating a regulated dispensary system for medical marijuana for the entire state.
Qualified Medical Conditions
• Chronic pain
• Crohn's disease
• Multiple sclerosis
• Seizure disorders like epilepsy
• Severe nausea
• Each dispensary is allowed to have 2 cultivation sites.
• Each cultivation site can have up to 3000 plants.
• Each dispensary is allowed two dispensing locations separate from the cultivation sites.
• The medical use of marijuana is not permitted in any moving vehicle i.e. school bus, public bus etc.; on any school grounds; at any public place (beach, park, recreation center, youth center etc.) and at any place of employment.
Effects on Workplace Drug Testing
House Bill 321 expressly prohibits qualified patients from using medical marijuana at their place of employment. This allows employers to keep existing drug-free workplace programs or build one that addresses employee use of marijuana if they are qualified medical marijuana patients. Employees are still expected to adhere to company rules and regulations including drug testing programs in the interest of maintaining employee safety, performance and productivity in the workplace.
For Further Reading:
|Applicability:||Hawaii Medical Marijuana Law applies to patients, designated caregivers (parents in the case of minors) and physicians.|
|Quantity Allowed:||The qualified patient and his primary caregiver are allowed to have an “adequate” supply of medical marijuana which should not exceed an ounce of usable marijuana per mature plant, three mature marijuana plants and four immature marijuana plants.|
|How Obtained:||Cultivation of medical marijuana is permitted. Other means of procurement are not specified.|
|Liability Protections:||Physicians are exempted from criminal prosecution when prescribing/recommending the use of marijuana for medical purposes. Qualifying patients and their primary caregivers cannot be arrested for the possession, cultivation, transportation and cultivation of marijuana. Any property used in conjunction with the use of medical marijuana is not subjected to searches and seizures. A person cannot be arrested if he is in the presence or vicinity of the use of medical marijuana.|
|Statutory Requirements for Authorized Use:||A qualifying patient must be able to present a signed statement from his physician that he/she is suffering from a debilitating disease (stipulated under SB 862) and that using medical marijuana will be beneficial to the patient. The state of Hawaii has a mandatory patient registry for the issuance of identification cards to qualified patients.|
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