Terms Used In Hawaii Revised Statutes > Chapter 329D - Medical Cannabis Dispensary System

• Agency: means any agency, department, authority, board, commission, the University of Hawaii, or any other unit of the State or its political subdivisions. See Hawaii Revised Statutes 201B-1
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Arrest: Taking physical custody of a person by lawful authority.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
• Authority: means the Hawaii tourism authority established in section 201B-2. See Hawaii Revised Statutes 201B-1
• Available surplus: means the excess over the minimum amount of surplus required for the classes of insurance the insurer is authorized to transact. See Hawaii Revised Statutes 431:4-101
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Board: means the board of directors of the Hawaii tourism authority established in section 201B-2, and any successor thereto. See Hawaii Revised Statutes 201B-1
• Contract: A legal written agreement that becomes binding when signed.
• convention center: means any combination of land, buildings, and improvements thereon, acquired or developed by the State, and includes exhibition halls, meeting rooms, a plenary session hall, and support space that reflect a Hawaiian sense of place; any other structure or facility required or useful for the operation of a convention center, including commercial, office, community service, parking, garage, and other supporting service structures; and, all necessary, useful, and related equipment, furnishings, and appurtenances. See Hawaii Revised Statutes 201B-1
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
• Creative industries: means those sectors that comprise Hawaii's creative economy, including media, arts, culture, music, design, fashion, publishing, animation, interactive, and emerging media. See Hawaii Revised Statutes 201-111
• Department: means the department of health. See Hawaii Revised Statutes 329D-1
• Department: means the department of business, economic development, and tourism. See Hawaii Revised Statutes 201-111
• Department: means the department of business, economic development, and tourism. See Hawaii Revised Statutes 201-101.5
• dispensary: means a person licensed by the State pursuant to this chapter to own, operate, or subcontract no more than three production centers and up to two retail dispensing locations. See Hawaii Revised Statutes 329D-1
• dispensing: means the act of a licensed dispensary providing cannabis or manufactured cannabis products to a qualifying patient, primary caregiver, qualifying out-of-state patient, or caregiver of a qualifying out-of-state patient for a fee. See Hawaii Revised Statutes 329D-1
• Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. ^{Source: OCC}
• Enclosed indoor facility: means a permanent, stationary structure with a solid floor, rigid exterior walls that encircle the entire structure on all sides, and a roof that protects the entire interior area from any exterior view and elements of weather; provided that the roof of an enclosed indoor facility utilized as a production center pursuant to a medical cannabis dispensary license application or license renewal application submitted after January 29, 2016, may be partially or completely transparent or translucent. See Hawaii Revised Statutes 329D-1
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Equity security: means any stock or similar security; any security convertible, with or without consideration, into such a security, or carrying any warrant or right to subscribe to or purchase such a security; any such warrant or right; or any security that the commissioner, by rules and regulations as the commissioner may prescribe in the public interest or for the protection of investors, designates as an equity security. See Hawaii Revised Statutes 431:4-101
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Ex officio: Literally, by virtue of one's office.
• Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. ^{Source: OCC}
• Fraud: Intentional deception resulting in injury to another.
• Fund: means the Hawaii film and creative industries development special fund. See Hawaii Revised Statutes 201-111
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Manufacture: means the preparation, propagation, compounding, conversion, or processing of a substance containing cannabis or its principal psychoactive constituent tetrahydrocannabinol, either directly or indirectly, by a person other than a qualifying patient, primary caregiver, qualifying out-of-state patient, or caregiver of a qualifying out-of-state patient for the qualifying patient's or qualifying out of state patient's use, by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container. See Hawaii Revised Statutes 329D-1
• Manufactured cannabis product: means :
  (1) Any capsule, lozenge, oil or oil extract, tincture, ointment or skin lotion, pill, transdermal patch, or pre-filled and sealed container used to aerosolize and deliver cannabis orally or by inhalation, such as an inhaler , nebulizer, or device that provides safe pulmonary administration, that has been manufactured using cannabis;
  (2) Edible cannabis products;
  (3) Pre-rolled cannabis flower products; or
  (4) Any other products as specified by the department pursuant to section 329D-10(a)(11). See Hawaii Revised Statutes 329D-1
• Media: means film, motion pictures, television, interactive, over-the-top television productions, virtual reality, augmented reality and other forms of emerging media, multi-player videogame publishing, and other digitally-developed content for theatrical or digital distribution via streaming, mobile, and broadcast media. See Hawaii Revised Statutes 201-111
• month: means a calendar month; and the word "year" a calendar year. See Hawaii Revised Statutes 1-20
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Mortgage loan: A loan made by a lender to a borrower for the financing of real property. ^{Source: OCC}
• Mortgagee: The person to whom property is mortgaged and who has loaned the money.
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: means an individual, firm, corporation, partnership, association, or any form of business or legal entity. See Hawaii Revised Statutes 329D-1
• Personal property: All property that is not real property.
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• produce: means the planting, cultivating, growing, or harvesting of cannabis. See Hawaii Revised Statutes 329D-1
• Production: includes the manufacture of medical cannabis products pursuant to this chapter. See Hawaii Revised Statutes 329D-1
• production center: means a farm or series of structures located within the same secured perimeter fence-line wholly owned, operated, or subcontracted by a person licensed by the State pursuant to this chapter as a medical cannabis dispensary that produces cannabis and manufactured cannabis products to supply cannabis and manufactured cannabis products to one or more of the retail dispensing locations of any licensed medical cannabis dispensary. See Hawaii Revised Statutes 329D-1
• Quorum: The number of legislators that must be present to do business.
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Retail dispensing location: means an establishment owned, operated, or subcontracted by a medical cannabis dispensary where cannabis and manufactured cannabis are made available for retail sale to a qualifying patient, primary caregiver, qualifying out-of-state patient, or caregiver of a qualifying out-of-state patient. See Hawaii Revised Statutes 329D-1
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Surplus funds: means the excess of the insurer's assets over its liabilities, including its capital stock as a liability. See Hawaii Revised Statutes 431:4-101
• Trustee: A person or institution holding and administering property in trust.
• Waiting room: means a designated area at the public entrance of a retail dispensing location that may be accessed by a member of the general public who is 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 enters or remains on the premises of a retail dispensing location for the purpose of a transaction conducted pursuant to sections 329D-6 and 329D-13; provided that the storage, display, and retail sale of cannabis and manufactured cannabis products shall be prohibited within the waiting room area. See Hawaii Revised Statutes 329D-1