HAR §11-850-33. to ensure that a qualifying patient, primary caregiver, qualifying out-of-state patient, or caregiver of a qualifying out-of-state patient does not have direct access to the product prior to sale

(d) Retail dispensing locations shall not: (1) Provide free samples of cannabis or manufactured cannabis products; (2) Make available for sale or as gifts or premiums any supplies or paraphernalia that provide for the use of medical cannabis in smokable or inhalable form, except for: (A) Devices that provide safe pulmonary administration provided that: (i) The heating element of the device, if any, shall be made of inert materials such as glass, ceramic, or stainless steel, and not of plastic or rubber; (ii) The device shall be distributed solely for use with single-use, pre-filled, tamper-resistant, sealed containers that do not contain nicotine or other tobacco products; and (iii) There is a temperature control on the device that is regulated to prevent the combustion of cannabis oil and the release of toxic substances; (B) Dry herb vaporizers; provided that: (i) The heating element of the device, if any, is made of inert materials such as glass, ceramic, or stainless steel, and not of plastic or rubber; and (ii) There is a temperature control on the device that is regulated to help prevent the combustion of cannabis and the release of toxic substances; (C) Grinders; 850-42 3611. §11-850-33 (D) Mats and trays; (E) Jars/storage containers; and (F) Rolling papers, filters, and cones that are plain, unbleached, and do not have any added color, flavor, or scent; provided that the department may prohibit any specific product determined by the department to be a potential health hazard. (3) Dispense cannabis or manufactured cannabis products to a qualifying patient or qualifying out-of-state patient who is under the age of eighteen years; or (4) Allow the entry of animals, except for service animals as defined in section 347-2.5, HRS. (e) A retail dispensing location may have a waiting room that complies with the following conditions: (1) Members of the general public may only access the waiting room when waiting for, assisting, or accompanying a qualifying patient, primary caregiver, qualifying out-of-state patient, or caregiver of a qualifying out-of-state patient who remains on the premises of the retail dispensing location for the purpose of purchasing cannabis or manufactured cannabis products. (2) Signage, marketing, and advertising relating to cannabis and manufactured cannabis products in the waiting room is restricted to the following items, which shall comply with the restrictions in paragraph (3): (A) Educational and scientific materials relating to medical cannabis; (B) Information about dispensary-sponsored events about medical cannabis; and (C) Product lists, product menus, and laboratory results for the dispensing location's approved products. (3) The materials allowed in paragraph (2) and products for sale in the waiting room shall not depict any: 850-43 3611. §11-850-33 (A) Cannabis use; (B) Smoking; (C) Child; (D) Celebrity or influencer; (E) Cartoon figure primarily appealing to children or having a special attractiveness to children beyond the general attractiveness for adults; or (F) Product that can be confused with a commercially available food or candy. (4) The following may not be displayed or sold in the waiting room: (A) Cannabis and manufactured cannabis products; (B) Manufactured hemp products; and (c) Supplies or paraphernalia that provide for the use of medical cannabis. [Eff 12/14/15; am and comp 2/24/22; comp 4/29/22; am and comp 11/17/22; comp 8/7/23; am and comp 4/5/24; comp 12/6/24; am and comp NOV 17 2025 ] (Auth: HRS §§321-9, 329D-7, 329D-27) (Imp: HRS §§329-122, 329D-2, 329D-6, 329D-7; SLH 2017, Act 170, §3)