CAREGIVERS
Updated Jun 14, 2024
STARTING JAN 1, 2025
End of Primary Caregivers for adults on islands with a dispensary.
No more than 5 qualifying patients per grow site.
TAKING ACTION
§329-130 Authorized sources of medical cannabis.
(a) After December 31, 2024, a qualifying patient shall obtain medical cannabis or manufactured cannabis products only:
(1) From a dispensary licensed pursuant to chapter 329D; provided that the cannabis shall be purchased and paid for at the time of purchase; or
(2) By cultivating cannabis in an amount that does not exceed an adequate supply for the qualifying patient, pursuant to section 329-122; provided that each location used to cultivate cannabis shall be used by no more than five qualifying patients.
After December 31, 2024, no primary caregiver shall be authorized to cultivate cannabis for any qualifying patient.
(b) This section shall not apply to:
(1) A qualifying patient who is a minor or an adult lacking legal capacity and the primary caregiver is the parent, guardian, or person having legal custody of a qualifying patient described in this paragraph; or
(2) A qualifying patient on any island on which there is no medical cannabis dispensary licensed pursuant to chapter 329D.
(c) A qualifying out-of-state patient and a caregiver of a qualifying out-of-state patient shall be authorized to obtain cannabis for medical use only from retail dispensing locations of dispensaries licensed pursuant to chapter 329D.
"Medical use" means the acquisition, possession, cultivation, use, distribution, or transportation of cannabis or paraphernalia relating to the administration of cannabis to alleviate the symptoms or effects of a qualifying patient's debilitating medical condition; provided that "medical use" does not include the cultivation or distribution of cannabis or paraphernalia by a qualifying out-of-state patient or the caregiver of a qualifying out-of-state patient. For the purposes of "medical use", the term "distribution" is limited to the transfer of cannabis and paraphernalia.
DEFINITION OF CANNABIS
Section 329-121: "Cannabis" shall have the same meaning as "marijuana" and "marijuana concentrate" as provided in sections 329-1 and 712-1240.
Section 329-1: "Marijuana" [Repeal and reenactment on July 1, 2027. L 2023, c 263, §15.] means all parts of the plant (genus) Cannabis whether growing or not; the seeds thereof, the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin.
Section 712-1240: "Marijuana concentrate" [Repeal and reenactment on July 1, 2027. L 2023, c 263, §15.] means hashish, tetrahydrocannabinol, or any alkaloid, salt, derivative, preparation, compound, or mixture, whether natural or synthesized, of tetrahydrocannabinol …
NONE.
§329D-2 Medical cannabis dispensaries; authorized; licensure. (f) … For purposes of this subsection, "plant" means a cannabis plant that is greater than twelve vertical inches in height from where the base of the stalk emerges from the growth medium to the tallest point of the plant, or greater than twelve horizontal inches in width from the end of one branch to the end of another branch; provided that multiple stalks emanating from the same root ball or root system shall be considered part of the same single plant.
COOPERATIVE CULTIVATION
Suggestions for patients wishing to cultivate with other patients at the same grow site:
1. Maintain “control” by recognizing that you alone are responsible for your plants and what they produce.
2. Grow varieties of cannabis based on what might be helpful for your qualifying condition(s).
3. Identify those seedlings and cuttings that you plan to grow to maturity by tagging as required.
4. Grow only as many plants as needed to provide your “adequate supply” of medical cannabis.
5. Possess no more than four ounces of “usable cannabis”, based on the preparation(s) you use.
6. Label material that is in the process of being prepared to distinguish from your “adequate supply”.
7. Avoid making cannabis extracts that require flammable solvents. Stick with flower, hash, and rosin.