Hawaii Revised Statutes 329. Uniform Controlled Substances Act
PART I. GENERAL PROVISIONS
PART II. STANDARDS AND SCHEDULES
- 329-11 Authority to Schedule Controlled Substances.
(a) Annually, upon the convening of each regular session of the state legislature, the department of public safety shall report to the legislature additions,...
- 329-12 Nomenclature.
The controlled substances listed or to be listed in the schedules in sections 329-14, 329-16, 329-18, 329-20, and 329-22 are included by whatever official,...
- 329-13 Schedule I Tests.
A substance shall be placed in schedule I if it has the highest degree of danger or probable danger according to the determination made...
- 329-14 Schedule I.
(a) The controlled substances listed in this section are included in schedule I. (b) Any of the following opiates, including their isomers, esters, ethers,...
- 329-15 Schedule II Tests.
A substance shall be placed in schedule II if it has a high degree of danger or probable danger according to the determination made...
- 329-16 Schedule II.
(a) The controlled substances listed in this section are included in schedule II. (b) Any of the following substances, except those narcotic drugs listed...
- 329-17 Schedule III Tests.
A substance shall be placed in schedule III if the substance has a degree of danger or probable danger less than the substances listed...
- 329-18 Schedule III.
(a) The controlled substances listed in this section are included in schedule III. (b) Stimulants. Unless listed in another schedule, any material, compound, mixture,...
- 329-19 Schedule IV Tests.
A substance shall be placed in schedule IV if the substance has a degree of danger or probable danger less than the substances listed...
- 329-20 Schedule IV.
(a) The controlled substances listed in this section are included in schedule IV. (b) Depressants. Any material, compound, mixture, or preparation which contains any...
- 329-21 Schedule V Tests.
A substance shall be placed in schedule V if it has a degree of danger or probable danger less than the substances listed in...
- 329-22 Schedule V.
(a) The controlled substances listed in this section are included in schedule V. (b) Narcotic drugs containing nonnarcotic active medicinal ingredients. Any compound, mixture,...
- 329-23 Republishing and Distribution of Schedules.
(a) The department of public safety shall republish the schedules annually or more often, as may be necessary to update the schedules. (b) The...
PART III. REGULATION OF MANUFACTURE, DISTRIBUTION,
PRESCRIPTION, AND DISPENSING OF CONTROLLED SUBSTANCES
- 329-31 Rules.
The department of public safety may promulgate rules and charge reasonable fees relating to the registration and control of the manufacture, distribution, prescription, and...
- 329-31.5 Clinics.
Registration as a clinic is required when an out-patient medical facility maintains centralized ordering, storage, and record keeping of controlled substances to be administered...
- 329-32 Registration Requirements.
(a) Every person who: (1) Manufactures, distributes, prescribes, or dispenses any controlled substance within this State; (2) Proposes to engage in the manufacture, distribution,...
- 329-33 Registration.
(a) The department of public safety shall register an applicant to manufacture, dispense, prescribe, or distribute controlled substances included in sections 329-14, 329-16, 329-18,...
- 329-34 Revocation and Suspension of Registration.
(a) A registration under section 329-33 to manufacture, distribute, or dispense a controlled substance may be suspended or revoked by the department of public...
- 329-35 Order to Show Cause.
(a) If, upon examination of the application for registration from any applicant and other information gathered by the department regarding the applicant, the administrator...
- 329-36 Records of Registrants.
Persons registered to manufacture, distribute, prescribe or dispense controlled substances under this chapter shall keep records and maintain inventories in conformance with the recordkeeping...
- 329-37 Filing Requirements.
All persons registered to manufacture, distribute, or dispense controlled substances and all persons who transport, warehouse, or otherwise handle controlled substances, shall file with...
- 329-38 Prescriptions.
(a) No controlled substance in schedule II may be dispensed without a written prescription of a practitioner, except: (1) In the case of an...
- 329-39 Labels.
(a) Whenever a producer, manufacturer, or wholesaler of controlled substances, or a pharmacy sells or dispenses any such drug to: (1) A producer, manufacturer,...
- 329-40 Methadone Treatment Programs.
(a) Notwithstanding any other provision of law to the contrary, methadone may be administered or dispensed or both as part of a state-registered and...
PART IV. OFFENSES AND PENALTIES
- 329-41 Prohibited Acts B--Penalties.
(a) It is unlawful for any person: (1) Who is subject to part III to distribute, administer, prescribe, or dispense a controlled substance in...
- 329-42 Prohibited Acts C--Penalties.
(a) It is unlawful for any person knowingly or intentionally: (1) To distribute as a registrant a controlled substance classified in schedule I or II,...
- 329-43 Penalties Under Other Laws.
Any penalty imposed for violation of this chapter is in addition to, and not in lieu of, any civil or administrative penalty or sanction...
- 329-43.5 Prohibited Acts Related to Drug Paraphernalia.
(a) It is unlawful for any person to use, or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture,...
- 329-43.6 Overdose Prevention; Limited Immunity.
(a) As used in this section: "Drug or alcohol overdose" means: (1) A condition, including but not limited to extreme physical illness, decreased level of...
- 329-44 Notice of Conviction to Be Sent to Licensing Board, Department of Commerce and Consumer Affairs.
On the conviction of any physician, osteopathic physician and surgeon, dentist, podiatrist, veterinarian, practitioner, apothecary, manufacturer, wholesaler, or producer, of the wilful violation of...
- 329-45 Repealed.
L 1991, c 159, §15.
- 329-46 Prohibited Acts Related to Visits to More Than One Practitioner to Obtain Controlled Substance Prescriptions.
(a) It is unlawful for any person knowingly or intentionally to visit more than one practitioner and withhold information regarding previous practitioner visits for...
- 329-49 Administrative Penalties.
(a) Any person who violates this chapter or any rule adopted by the department pursuant to this chapter shall be fined not more than...
- 329-50 Injunctive Relief.
The administrator may institute a civil action in any court of competent jurisdiction for injunctive relief to prevent any violation of this chapter or...
PART V. ENFORCEMENT AND ADMINISTRATIVE PROVISIONS
- 329-51 Powers of Enforcement Personnel.
Any officer or employee of the department of public safety designated by the director of public safety may: (1) Carry firearms in the performance...
- 329-52 Administrative Inspections.
(a) The administrator or any of the administrator's agents may make administrative inspections of controlled premises upon presenting appropriate credentials to the registrant or...
- 329-53 Injunctions.
(a) The circuit courts of this State may exercise jurisdiction to restrain or enjoin violations of this chapter. (b) The defendant may demand trial...
- 329-54 Cooperative Arrangements and Confidentiality.
(a) The department of public safety shall cooperate with federal and other state agencies in discharging its responsibilities concerning traffic in controlled substances and...
- 329-55 Forfeitures.
(a) The following are subject to forfeiture according to the procedures set forth in the Penal Code: (1) All controlled substances and anabolic steroids...
- 329-56 Burden of Proof; Liabilities.
(a) It is not necessary for the State to negate any exemption or exception in this chapter in any complaint, information, indictment or other...
- 329-57 Judicial Review.
All final determinations, findings and conclusions of the department of public safety under this chapter are final and conclusive decisions of the matters involved....
- 329-58 Education and Research.
(a) The department of public safety shall carry out educational programs designed to prevent and determine misuse and abuse of controlled substances. In connection...
- 329-59 Controlled Substance Registration Revolving Fund; Established.
(a) There is established within the state treasury the controlled substance registration revolving fund. The fund shall be expended at the discretion of the director...
PART VI. REGULATED CHEMICALS FOR THE MANUFACTURE OF
CONTROLLED SUBSTANCES
- 329-61 Substances Subject to Reporting.
Part heading amended by L 1993, c 225, §1; L 1999, c 252, §7. Revision Note In this part, "part" substituted for "chapter". §329-61...
- 329-62 Proper Identification.
Part heading amended by L 1993, c 225, §1; L 1999, c 252, §7. Revision Note In this part, "part" substituted for "chapter". [§329-62]...
- 329-63 Person Required to Keep Records and File Reports.
Part heading amended by L 1993, c 225, §1; L 1999, c 252, §7. Revision Note In this part, "part" substituted for "chapter". §329-63...
- 329-64 Exceptions.
Part heading amended by L 1993, c 225, §1; L 1999, c 252, §7. Revision Note In this part, "part" substituted for "chapter". §329-64...
- 329-65 Penalty.
Part heading amended by L 1993, c 225, §1; L 1999, c 252, §7. Revision Note In this part, "part" substituted for "chapter". §329-65...
- 329-66 Theft, Loss, and Discrepancy Reports.
Part heading amended by L 1993, c 225, §1; L 1999, c 252, §7. Revision Note In this part, "part" substituted for "chapter". [§329-66]...
- 329-67 Permit for Conduct of Business; Applications; Forms; Fees; Renewal; Violations.
Part heading amended by L 1993, c 225, §1; L 1999, c 252, §7. Revision Note In this part, "part" substituted for "chapter". §329-67...
- 329-68 Protection of Records; Divulging Confidential Information Prohibited; Penalties.
Part heading amended by L 1993, c 225, §1; L 1999, c 252, §7. Revision Note In this part, "part" substituted for "chapter". §329-68...
- 329-69 Subpoena Powers.
Part heading amended by L 1993, c 225, §1; L 1999, c 252, §7. Revision Note In this part, "part" substituted for "chapter". §329-69...
- 329-70 Forfeiture.
Part heading amended by L 1993, c 225, §1; L 1999, c 252, §7. Revision Note In this part, "part" substituted for "chapter". §329-70...
- 329-71 Requirements When Selling Specific Chemicals.
Part heading amended by L 1993, c 225, §1; L 1999, c 252, §7. Revision Note In this part, "part" substituted for "chapter". [§329-71]...
- 329-72 Rules.
Part heading amended by L 1993, c 225, §1; L 1999, c 252, §7. Revision Note In this part, "part" substituted for "chapter". [§329-72]...
- 329-73 Pseudoephedrine Permit.
Part heading amended by L 1993, c 225, §1; L 1999, c 252, §7. Revision Note In this part, "part" substituted for "chapter". [§329-73]...
- 329-74 Unlawful Transport of Pseudoephedrine.
Part heading amended by L 1993, c 225, §1; L 1999, c 252, §7. Revision Note In this part, "part" substituted for "chapter". [§329-74]...
- 329-75 Sales of Products, Mixtures, or Preparations Containing Pseudoephedrine; Reporting Requirement for Wholesalers.
Part heading amended by L 1993, c 225, §1; L 1999, c 252, §7. Revision Note In this part, "part" substituted for "chapter". §329-75...
PART VII. PRECURSORS TO CONTROLLED SUBSTANCES--REPEALED
PART VIII. ELECTRONIC PRESCRIPTION ACCOUNTABILITY SYSTEM
PART IX. MEDICAL USE OF MARIJUANA
- 329-121 Definitions.
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...
- 329-122 Medical Use of Marijuana; Conditions of Use.
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...
- 329-123 Registration Requirements.
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...
- 329-124 Insurance Not Applicable.
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...
- 329-125 Protections Afforded to a Qualifying Patient or Primary Caregiver.
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...
- 329-125.5 Medical Marijuana Patient and Caregiver Protections.
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...
- 329-125.6 Protections Afforded to an Owner or Qualified Employee of a Licensed Medical Marijuana Dispensary.
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...
- 329-126 Protections Afforded to a Treating Physician.
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...
- 329-127 Protection of Marijuana and Other Seized Property.
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...
- 329-128 Fraudulent Misrepresentation; Penalty.
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...
- 329-129 Prohibited Acts; Flammable Solvents.
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...
- 329-130 Authorized Sources of Medical Marijuana.
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...
- 329-131 Prescription and Pharmacy Requirements Not Applicable.
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...
Last modified: October 27, 2016