Hawaii

Equity Project State Briefing

Social Equity

Social Equity Definition / Criteria

Hawaii does not offer a state social equity program to benefit medical cannabis licensees who have been disproportionately harmed by cannabis prohibition.

Social Equity Provisions

Hawaii does not offer a state social equity program to benefit medical cannabis licensees who have been disproportionately harmed by cannabis prohibition.

Fee Waivers and Reductions

  • Fee Waivers / Reductions:
No

Hawaii does not offer fee waivers or reductions to support medical cannabis licensees who have been disproportionately harmed by cannabis prohibition.

Other Financial Support for Social Equity Applicants and Licensees

Hawaii does not offer state level funding to support medical cannabis licensees who have been disproportionately harmed by cannabis prohibition.

License Priorities and Set Asides

  • License Priorities / Set Asides:
No

Hawaii does not offer state-level licensing priority or set asides to support medical cannabis licensees who have been disproportionately harmed by cannabis prohibition.

Other Licensing Provisions

License Caps

  • License Caps:
Yes

Hawaii is a limited license state and has medical use licensing caps. The department may issue eight dispensary licenses statewide including three licenses for the city and county of Honolulu, two licenses for the county of Hawaii, two licenses for the county of Maui, and one license for the county of Kauai. No dispensary license shall be issued for the county of Kalawao. Further, there is no opt-in or out  local approval required.

Source:

Haw. Code R. §11 - 850-5. Subsection (a). Number of licenses per county.

Application Selection Process

  • Selection System:
Merit

Hawaii distributes medical cannabis licenses through a merit system.

Source:

Haw. Code R. §11-850-20. Subsection (a)

Felony Disqualification on Ownership

  • Ownership Exclusion for Felony Convictions:
Yes
  • Exemption for Cannabis Offenses:
No

Hawaii’s medical framework disqualifies applicants for cannabis licensure and employment on the basis of certain convictions. A person will  be disqualified as an individual applicant for licensure or cannabis industry employment  if the person: (1) Has a felony conviction; (2) Has a conviction related to use, possession, or distribution of drugs or intoxicating compounds; (3) Has a conviction for a crime involving violence; (4) Has a conviction for a crime involving a firearm; (5) Has a conviction for a crime involving theft, or business or commercial fraud; or (6) Has any other background history that the department finds would pose a risk to the health, safety, or welfare of the public or a qualifying patient, considering the nature of the offense, the time elapsed since the offense occurred.

Source:

Haw. Code R. § 11-850-17.. Subsection (a) and (b).Background checks.
Haw. Code R. § 11-850-13.. Subsection 3. Minimum Qualifications for Individual Applicant.

Employee Criminal Records

  • Conviction Restrictions for Employees:
Yes
  • Exemption for Cannabis Offenses:
No

 Same as above. 

Source:

Haw. Code R. § 11-850-17.. Subsection (a) and (b).Background checks.
Haw. Code R. § 11-850-13.. Subsection 3. Minimum Qualifications for Individual Applicant.

Availability of Expungements

  • Expungements:
Yes, Not Automatic

Hawaii offers record cleaning remedies for certain cannabis convictions, however, this process is not automatic and requires action from the individual. Qualified individuals can ask the court to expunge cannabis convictions of less than three grams.