2023 Hawaii Revised Statutes
Title 19. Health
329. Uniform Controlled Substances Act
- 329-1 Definitions.
- 329-2 Hawaii advisory commission on drug abuse and controlled substances; number; appointment.
- 329-3 Annual report.
- 329-4 Duties of the Hawaii advisory commission on drug abuse and controlled substances.
- 329-11 Authority to schedule controlled substances.
- 329-12 Nomenclature.
- 329-13 Schedule I tests.
- 329-14 Schedule I.
- 329-15 Schedule II tests.
- 329-16 Schedule II.
- 329-17 Schedule III tests.
- 329-18 Schedule III.
- 329-19 Schedule IV tests.
- 329-20 Schedule IV.
- 329-21 Schedule V tests.
- 329-22 Schedule V.
- 329-23 Republishing and distribution of schedules. §329-23 Republishing and distribution of schedules.
PRESCRIPTION, AND DISPENSING OF CONTROLLED SUBSTANCES
- 329-31 Rules. §329-31 Rules.
- 329-31.5 Clinics.
- 329-32 Registration requirements.
- 329-33 Registration.
- 329-34 Revocation and suspension of registration. §329-34 Revocation and suspension of registration.
- 329-35 Order to show cause.
- 329-36 Records of registrants. §329-36 Records of registrants.
- 329-37 Filing requirements. §329-37 Filing requirements.
- 329-37.5 Mandatory reporting. (a) Notwithstanding any other law concerning confidentiality to the contrary, the holder of a registration issued under section 329-32 who, in the holder's professional or official capacity, has reason to believe that a controlled substance in the holder's inventory has been stolen, embezzled, or otherwise obtained by fraud or diversion, shall immediately report the matter verbally to the administrator. (b) The holder of a registration shall submit a written report to the administrator as soon as practicable following the verbal report. The written report shall contain: (1) The name and address of the suspected perpetrator, if known; (2) The nature and extent of the theft, embezzlement, fraud, or diversion; and (3) Any other information that the reporter believes might be helpful or relevant to the investigation of the theft, embezzlement, fraud, or diversion. (c) Any person subject to subsection (a), upon demand of the administrator, shall provide all information related to the alleged incident of theft, embezzlement, fraud, or diversion, including but not limited to records, reports, and any image, film, video, or other electronic medium, that was not included in the written report submitted pursuant to subsection (b). (d) This section shall not be construed to provide a basis for a cause of action against the administrator or department. (e) Any person subject to this section who knowingly prevents another person from reporting, or who knowingly fails to provide information as required by this section, shall be guilty of a misdemeanor. [L 2022, c 105, §1]
- 329-38 Prescriptions.
- 329-38.2 REPEALED.
- 329-38.5 REPEALED.
- 329-39 Labels.
- 329-39.5 Opioid warning label.
- 329-40 Methadone treatment programs.
- 329-41 Prohibited acts B--penalties.
- 329-42 Prohibited acts C--penalties.
- 329-43 Penalties under other laws.
- 329-43.5 Prohibited acts related to drug paraphernalia.
- 329-43.6 Overdose prevention; limited immunity.
- 329-44 Notice of conviction to be sent to licensing board, department of commerce and consumer affairs.
- 329-45 REPEALED.
- 329-46 Prohibited acts related to visits to more than one practitioner to obtain controlled substance prescriptions.
- 329-49 Administrative penalties.
- 329-50 Injunctive relief.
- 329-51 Powers of enforcement personnel. §329-51 Powers of enforcement personnel.
- 329-52 Administrative inspections.
- 329-53 Injunctions.
- 329-54 Cooperative arrangements and confidentiality. §329-54 Cooperative arrangements and confidentiality.
- 329-55 Forfeitures.
- 329-56 Burden of proof; liabilities.
- 329-57 Judicial review. §329-57 Judicial review.
- 329-58 Education and research. §329-58 Education and research.
- 329-59 Controlled substance registration revolving fund; established.
CONTROLLED SUBSTANCES
- 329-61 Substances subject to reporting.
- 329-62 Proper identification.
- 329-63 Person required to keep records and file reports.
- 329-64 Exceptions.
- 329-65 Penalty.
- 329-66 Theft, loss, and discrepancy reports.
- 329-67 Permit for conduct of business; applications; forms; fees; renewal; violations.
- 329-68 Protection of records; divulging confidential information prohibited; penalties.
- 329-69 Subpoena powers. §329-69 Subpoena powers.
- 329-70 Forfeiture.
- 329-71 Requirements when selling specific chemicals.
- 329-72 Rules. §329-72 Rules.
- 329-73 REPEALED.
- 329-74 Unlawful transport of pseudoephedrine.
- 329-75 Sales of products, mixtures, or preparations containing pseudoephedrine; reporting requirement for wholesalers.
- 329-101 Reporting of dispensation of controlled substances; electronic prescription accountability system; requirements; penalty.
- 329-102 Central repository.
- 329-103 Designated state agency.
- 329-104 Confidentiality of information; disclosure of information.
- 329-121 Definitions.
- 329-122 Medical use of cannabis; conditions of use.
- 329-123 Registration requirements; qualifying patients; primary caregivers.
- 329-123.5 Registration requirements; qualifying out-of-state patient; caregiver of a qualifying out-of-state patient.
- 329-124 Insurance not applicable.
- 329-125 Protections afforded to a qualifying patient, primary caregiver, qualifying out-of-state patient, or caregiver of a qualifying out-of-state patient.
- 329-125.5 Medical cannabis patient and caregiver protections.
- 329-125.6 Protections afforded to an owner or qualified employee of a licensed medical cannabis dispensary.
- 329-126 Protections afforded to a treating physician or advanced practice registered nurse.
- 329-127 Protection of cannabis and other seized property.
- 329-128 Fraudulent misrepresentation; penalty.
- 329-129 Prohibited acts; flammable solvents.
- 329-130 Authorized sources of medical cannabis.
- 329-131 Prescription and pharmacy requirements not applicable.
Cross References
Drug dealer liability, see chapter 663E.
Medical cannabis; economic and other data; collection, see 201-13.9.
Medical cannabis testing and research programs, see 304A-1865.
Money laundering, see chapter 708A.
Law Journals and Reviews
Regression by Progression: Unleveling the Classroom Playing Field Through Cosmetic Neurology. 33 UH L. Rev. 193 (2010).
The "Grande Iced Nonfat Chai with a Shot of Espresso" Problem: Dealing with Designer Drugs in the Wake of McFadden v. United States. 39 UH L. Rev. 265 (2016).
Case Notes
Hawaii county ordinance that established cannabis offenses as the lowest law enforcement priority in the county conflicted with, and was therefore preempted by, this chapter and other state laws governing the investigation and prosecution of alleged violations of the Hawaii Penal Code concerning the adult personal use of cannabis. 135 H. 411, 353 P.3d 953 (2015).
This chapter preempted a Hawaii county ordinance that made the enforcement of marijuana laws the lowest enforcement priority in the county, because the ordinance covered the adult personal use of cannabis, which was the same subject matter that the legislature intended to govern under this chapter. 132 H. 511 (App.), 323 P.3d 155 (2014).