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<br /> <br /> <br /> <br /> <br /> INVESTIGATIONS INVOLVING THE MEDICAL <br /> AND RELIGIOUS USE OF MARIJUANA <br /> PAGE 3 <br /> <br /> <br /> A. Hawaii Administrative Rules, Title 23, Department of Public Safety, Subtitle 3, Law <br /> Enforcement, Chapter 202, Medical Use of Marijuana; <br /> <br /> B. Sections 329-121 through 329-128 of the Hawaii Revised Statutes, as amended, <br /> <br /> governing the medical use of marijuana, registration requirements, and the afforded <br /> protection it may provide to the qualifying patient, primary caregiver and physician. <br /> IV. CONDITIONS OF USE (REGISTRATION REQUIREMENTS) <br /> <br /> <br /> A. A qualifying patient must have a registry identification certificate from the <br /> Department of Public Safety that identifies a patient authorized to engage in the <br /> medical use of marijuana, the patient's physician, the patient's designated primary <br /> caregiver, if any, and the location of the authorized marijuana plants. <br /> <br /> B. All primary caregivers must have a valid registry identification certificate from the <br /> Department of Public Safety that identifies a patient authorized to engage in the <br /> medical use of marijuana, the patient's physician, the patient's designated primary <br /> caregiver, and the location of the authorized marijuana plants. Every primary <br /> caregiver shall be responsible for the care of only one qualifying patient at any given <br /> time. <br /> <br /> C. A qualifying patient and a primary caregiver may not jointly possess more than the <br /> "adequate supply." If a qualifying patient and a primary caregiver possesses, <br /> delivers, or produce marijuana in excess of the amounts allowed, such individuals <br /> are not exempted from the criminal laws of the Federal and/or State governments. <br /> <br /> D The medical use of marijuana authorization shall not apply to the medical use of <br /> marijuana that endangers the health or well-being of another person-, in a school bus, <br /> public bus or any moving vehicle; in the workplace of one's employment; on any <br /> school grounds; at any public park, public beach, public recreation center, recreation <br /> or youth center; or any other place open to the public. <br /> V. DETERMINING REGISTRATION STATUS <br /> <br /> Officers investigating a possession and/or cultivation of marijuana incident should <br /> ascertain as part of the investigation whether the person has a legal right to acquire, <br /> <br /> possess, cultivate, or use marijuana as described in Section 329-122 of the Hawaii <br /> Revised Statutes, as amended, Medical use of marijuana; condition of use. <br /> <br /> A. Stops and Encounters - Warrantless Arrests and Searches. Before making a <br /> warrantless arrest or warrantless search or seizure based on probable cause, an <br /> officer shall ascertain if the person has a registry identification certificate, unless <br />