Note
Medical marijuana; tenant use; eviction, see §521-39.
Law Journals and Reviews
Gonzales v. Raich: How the Medical Marijuana Debate Invoked Commerce Clause Confusion. 28 UH L. Rev. 261.
Case Notes
District court erred in re-determining the fact of medical use in contrast to the parties' stipulation that petitioner possessed and transported medical marijuana under a valid Medical Marijuana Registry Patient Identification Certificate, thus preempting consideration of petitioner's affirmative defense; given that the State presented no evidence showing that the marijuana was for any other use other than a medical use, petitioner proved that petitioner was authorized to possess marijuana for medical purposes pursuant to this part for purposes of an affirmative defense under §712-1240.1(2). 129 H. 397, 301 P.3d 607 (2013).
[§329-130] Authorized sources of medical marijuana. (a) After December 31, 2018, a qualifying patient shall obtain medical marijuana or manufactured marijuana products only:
(1) From a dispensary licensed pursuant to chapter 329D; provided that the marijuana shall be purchased and paid for at the time of purchase; or
(2) By cultivating marijuana in an amount that does not exceed an adequate supply for the qualifying patient, pursuant to section 329-122.
After December 31, 2018, no primary caregiver shall be authorized to cultivate marijuana 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 marijuana dispensary licensed pursuant to chapter 329D. [L 2015, c 241, pt of §5]
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