COM 1088.005 2006-2008 - Laserfiche WebLink

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INVESTIGATIONS INVOLVING THE MEDICAL AND RELIGIOUS USE OF MARIJUANA PAGE 2 Public Safety, Subtitle 3, Law Enforcement, Chapter 202, Medical Use of Marijuana, Section 2). D. "Marijuana" 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. It does not include the mature stalks of the plant, fiber produced from the stalks, oil, or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber oil, or cake, or the sterilized seed of the plant which is incapable of germination. (Hawaii Revised Statutes Section 712-1240). E. "Mature marijuana plant" means a marijuana plant, whether male or female, that has flowered and which has buds that are readily observed by unaided visual examination (Hawaii Administrative Rules, Title 23, Department of Public Safety, Subtitle 3, Law Enforcement, Chapter 202, Medical Use of Marijuana, Section 2). F. "Primary caregiver" means a person, other than the qualifying patient and the qualifying patient's physician, who is eighteen-years-of-age or older who has agreed to undertake responsibility for managing the well-being of the qualifying patient with respect to the medical use of marijuana. In the case of a minor or an adult lacking legal capacity, the primary caregiver shall be a parent, guardian, or person having legal custody (Hawaii Revised Statutes Section 329-121). G. "Probable cause' means facts and circumstances within a law enforcement officer's knowledge and of which the officer has reasonably trustworthy information that are sufficient in themselves to warrant a person of reasonable caution in the belief that a crime has been or is being committed (Hawaii Revised Statutes Section 803-5). H. "Qualifying patient" means a person who has been diagnosed by a physician as having a debilitating medical condition (Hawaii Revised Statutes Section 329-121). 1. "Usable marijuana" means the dried leaves and flowers of the plant Cannabis family Moraceae, and any mixture of preparation thereof, that are appropriate for the medical use of marijuana. "Usable marijuana" does not include the seeds, stalks, and roots of the plant (Hawaii Revised Statutes Section 329-121). III. MEDICAL MARIJUANA GUIDELINES The medical marijuana law places a substantial burden on law enforcement officers to anticipate potential medical use claims in the initial stages of the investigation. Officers are to be guided by: