Medical Cannabis Telehealth Bill Vetoed by Hawaii Governor Josh Green

Hawaii’s Governor, Josh Green, shook up the state’s medical cannabis industry by vetoing legislation which would have entitled physicians to certify medical cannabis patients through telehealth for the cannabis program (1,2). Additionally, the bill would have (2) “established criminal penalties for unlicensed operation of a medical cannabis dispensary, and prohibited cannabis cultivation without a Department of Health-issued permit.”

In his “Intent-to-Veto List” letter, Governor Green cited “privacy concerns” over patients' medical records (1). “This administration remains committed to Hawai‘i’s existing medical cannabis program and supports efforts to expand access to medical cannabis for any medical condition. Although this bill’s authorization of medical cannabis certifications via telehealth expands access to medical cannabis, provisions authorizing the inspection of patients’ medical records without warrant constitute a grave violation of privacy,” Governor Green mentioned under the section for “Veto Rationale” (1). “Given that the federal government classifies cannabis as a Schedule I substance, patients’ reasonable fears of repercussions based upon information gained from inspection of their personal medical records may deter patients from participating in the medical cannabis program.”

The bill titled, “HB302 HD2 SD2 CD1” has four sections regarding medical cannabis (3):

1. Part I: Authorizes DOH to inspect qualifying patient medical records held by the physician, advanced practice registered nurse, or hospice provider who issued a written certification for the qualifying patient. Amends and adds definitions for purposes of the medical use of cannabis law. Clarifies the conditions of use for the medical use of cannabis. For purposes of issuing written certifications, authorizes the establishment of a provider-patient relationship via telehealth and limits the maximum amount of fees that can be assessed by providers. Authorizes the sale of hemp products and accessories for the medical use of cannabis at retail dispensing locations, except in waiting rooms. Clarifies transportation requirements for certain inter-dispensary sales of cannabis and manufactured cannabis products.
2. Part II: Establishes criminal penalties for the unlicensed operation of a medical cannabis dispensary.
3. Part III: Authorizes expenditures from the Medical Cannabis Registry and Regulation Special Fund to fund programs for the mitigation and abatement of nuisances related to illegal cannabis and hemp products and medical cannabis dispensaries and appropriates funds from the Special Fund to the AG's Drug Nuisance Abatement Unit for these purposes, including establishing positions.
4. Part IV: Beginning 1/1/2028, prohibits the cultivation of cannabis without a cannabis cultivator license issued by DOH. (CD1).

Governor Green’s letter mentions specifically Part I and no other sections of the bill. Although being approved by all congressional measures, the Hawaii governor did not want to sign this legislation into law. The governor’s veto list included 19 bills total. “Let me be clear: of the 320 bills passed by the Legislature this session, 19 are on our Intent-to-Veto list,” said Governor Green in his letter (1). “Our team has completed a review of every measure, and the overwhelming majority of legislation will become law. Each bill on today’s list is based on thorough legal and fiscal analysis, and as always, was guided by what will best serve the people of Hawai‘i, protect our resources and strengthen our future.”

References

1. Office of the governor - news release - gov. Green releases intent-to-veto list https://governor.hawaii.gov/newsroom/office-of-the-governor-news-release-gov-green-releases-intent-to-veto-list/ (accessed Jun 13, 2025).
2. Branfalt, T. Hawaii gov. vetoes medical cannabis telehealth bill over privacy concerns https://www.ganjapreneur.com/hawaii-gov-vetoes-medical-cannabis-telehealth-bill-over-privacy-concerns/ (accessed Jun 13, 2025).
3. https://www.capitol.hawaii.gov/session/measure_indiv.aspx?billtype=HB&billnumber=302&year=2025.