No. Recreational marijuana is illegal in Hawaii. However, the state has legalized medical marijuana. In 2019, HB1383 decriminalized the possession of 3 grams or less of marijuana. The bill imposed a $130 fine for possession of such quantities of marijuana.
Per Act 288 SLH 2000, medical marijuana is legal for a qualified patient with a state-issued medical marijuana card, also known as the Hawaii 329 Card. A patient or a caregiver who possesses a Hawaii 329 card may purchase, grow, carry, transport, and consume marijuana for medicinal purposes. Hawaii runs a reciprocity program for out-of-state patients. Therefore, a frequent visitor may apply for a Hawaii 329 card, provided the visitor has a valid medical marijuana card from their home state. To qualify for a Hawaii 329 card, out-of-state patients (OSPs) must see a Hawaii-licensed physician or advanced practice registered nurse (APRN).
Per Hawaii's medical marijuana laws, a licensed medical marijuana patient can consume marijuana legally. The law permits a qualified patient to:
While medical marijuana is considered legal in Hawaii, there are strict restrictions to places where it can be possessed or consumed. According to the medical marijuana laws, a qualified patient may not:
Since the legalization of medical marijuana, there have been several bills considered, changes, and amendments to the medical marijuana laws in Hawaii. Notable amongst these bills and changes in the last year are:
Hawaii’s cannabis laws have evolved. The main changes are as follows:
The Marijuana Opportunity Reinvestment and Expungement Act, introduced and passed in the House in 2022, seeks to decriminalize marijuana. The bill advocates removing marijuana from the Controlled Substance Act. In addition, the bill supports eliminating criminal penalties for marijuana distribution, manufacturing, and possession violations. Other changes highlighted in the Bill include:
It depends. Per the Medical Use Marijuana Law, a patient with a physician's recommendation and a valid Hawaii 329 card may use marijuana to treat a qualifying medical condition. The medical marijuana laws in the state permit patients with medical marijuana cards to use marijuana medically. However, a minor would require parental or guardian consent to use marijuana to treat a qualifying medical condition.
Marijuana consists of a mixture of the dried flowers and leaves of Cannabis Sativa. It contains tetrahydrocannabinol (THC) and cannabidiol (CBD), among other chemical ingredients with various medical applications. Medically, marijuana is consumed orally as pills, capsules, tea, brownies, cookies, or candies. However, due to the psychoactive properties of marijuana, it is classified by the United States Drug Enforcement Administration as a Schedule I drug.
The use of marijuana for medicinal purposes in Hawaii dates back to the 1800s. During this time, marijuana use was largely unregulated and widespread. However, the fall of the Hawaiian monarchy and the incorporation of Hawaii into the United States preceded steps toward marijuana regulation in the state. Marijuana regulation began with the passage of the Pure Food and Drug Act of 1906. This Act, coupled with the 1910 Mexican Revolution, led to an influx of Mexicans and their marijuana-smoking culture to the United States. This caused increased public opposition to marijuana use. In 1937, the United States Congress passed the Marijuana Tax Act in response to the growing abuse of marijuana. Soon after, 23 states passed laws making marijuana possession illegal. In 1942, marijuana was removed from the United States Pharmacopeia. The drug was eventually classified as a controlled substance under the Federal Narcotics Control Act of 1956, making its possession illegal in the United States.
In 1972, President Richard Nixon established a panel to investigate marijuana regulations. The panel recommended decriminalizing marijuana, which led several states to liberalize their marijuana laws. In the year 2000, Hawaii's Legislature passed Act 228, legalizing medical marijuana. Over the years, several bills have been considered in Hawaii's Legislature to legalize recreational marijuana. However, recreational marijuana remains illegal in the state.
Only licensed marijuana dispensaries are permitted to sell marijuana in Hawaii. The activities and licensing of these dispensaries are regulated and managed by the Hawaii Department of Health. Per Hawaii's medical marijuana laws, both in-state and out-of-state patients and caregivers may purchase medical marijuana, provided they have a valid Hawaii 329 card. An out-of-state patient who possesses a valid medical marijuana card from their home state and a government-issued ID card may apply for a Hawaii 329 card. A successful applicant will be issued a temporary Hawaii 329 card. This card will remain active for no more than 60 days. In addition, out-of-state residents who visit more than twice a year may apply for an in-state Hawaii 329 card to enable them to purchase medical marijuana each time they visit.
The state only permits the sale of medical marijuana to qualifying patients and caregivers 18 years and older. Licensed marijuana dispensaries may sell various forms of marijuana products including, flowers, vapes, concentrates, ingestible, tinctures, and marijuana paraphernalia. However, a licensed medical marijuana dispensary may only sell a combined total of 4 ounces of marijuana per 15 consecutive day periods or 8 ounces of marijuana per 30 consecutive day periods to qualifying patients and caregivers.
Per the Hawaii Uniform Drug Control Act, the state only permits marijuana for medicinal purposes. According to Hawaii medical marijuana laws, qualifying patients can use and possess limited quantities of marijuana to treat certain debilitating medical conditions. Possession of more than the specified amount of medical marijuana is considered a crime. On the other hand, recreational use of marijuana remains illegal in Hawaii. Although the state recently decriminalized the possession of 3 grams or less of recreational marijuana, possession of any amount beyond what is legally permitted is an offense. Per HB1383, these infractions are considered misdemeanors or felonies, depending on the amount of marijuana involved.
In line with Hawaii marijuana possession laws the possession of 3 grams or less of marijuana is a misdemeanor punishable by a $130 fine. Similarly, possessing more than 3 grams but less than 1 ounce of marijuana is also a misdemeanor and is punishable by up to 30 days in jail and a $1,000 fine. Any individual caught with between 1 ounce and 1 pound of marijuana in Hawaii is guilty of a misdemeanor punishable by one year in prison and a $2,000 fine. Marijuana possession above 1 pound is considered a Class C felony and is punishable by up to 5 years in jail and a fine of $10,000. If marijuana is found in a vehicle, each occupant is guilty of possession unless caught with a specific occupant or in a compartment accessible only to occupants of that seat.
In Hawaii, only registered marijuana dispensaries are permitted to distribute marijuana. Individuals caught with more than 1 pound of marijuana may face charges of possession with intent to distribute it. The punishment for this offense varies based on the quantity of marijuana found with the individual. Individuals caught carrying more than 1 pound but less than 2 pounds of marijuana risk up to 5 years in prison and a $10,000 fine. If the quantity of marijuana is more than 2 pounds but less than 25 pounds, the individual is guilty of a Class B felony, punishable by up to 10 years in prison and up to a $25,000 fine. A person caught with more than 25 pounds of marijuana is guilty of a class A felony. Such a person faces up to 25 years in prison and a fine of up to $50,000.
The intentional trafficking of marijuana is an offense with legal consequences. Some Hawaii marijuana trafficking laws include:
It is unlawful to distribute cannabis of any amount in Hawaii. Hawaii marijuana distribution laws specify that the distribution of one ounce of marijuana is a misdemeanor with a penalty of one-year incarceration and fines of up to $2,000. Distributing between one ounce and one pound is a class C felony punishable by up to five years of jail time and fines not exceeding $10,000. Persons who distribute between one to five pounds of marijuana commit a felony with up to ten years jail term and maximum fines of $25,000. Distributing over five pounds of marijuana in Hawaii has a penalty of up to 20 years of incarceration and fines of up to $50,000.
According to Hawaii law, marijuana concentrates are classified as Schedule I substances. Hashish, tetrahydrocannabinol, and any other salt, alkaloid, compound, mixture, or derivative of marijuana are considered marijuana concentrates under Hawaiian law. The state does not recognize a minimum THC level for a substance to be a concentrate. Therefore, the state has strict penalties for possessing or promoting a harmful drug. Per Hawaii Law, a defendant may be charged for promoting a harmful drug in the first degree if:
The defendant will be charged with a Class A felony, which is punishable by up to 20 years jail sentence and a fine of not more than $50,000. A defendant may also be charged for promoting a harmful drug in the second degree if caught carrying ⅛ ounce or more of concentrates or distributing any amount of marijuana concentrate. Defendants may be charged with a Class B felony and may face up to 10 years in prison and a fine not exceeding $25,000. A defendant is guilty of promoting a drug in the fourth degree if caught with any quantity of marijuana. Such an individual is guilty of a misdemeanor which is punishable by up to one year in prison and a $2,000 fine.
In Hawaii, illegal marijuana paraphernalia use, sale, or possession is a class C felony punishable by up to 5 years in prison and a $10,000 fine. The delivery of marijuana paraphernalia to a minor by a person 18 years of age or older is a class B felony punishable by up to ten years in prison and a $25,000 fine.
Anyone without a Hawaii 329 patient card caught sharing marijuana with other persons violates Hawaii law and may be held for possession charges or possession with intent to distribute.
Hawaii marijuana cultivation law permits only registered patients, caregivers with a Hawaii 329 card, and registered marijuana dispensaries to cultivate ten plants of marijuana at any stage for medical use up till 31st December 2023. However, starting 1st January 2024, caregivers cannot grow marijuana except if growing for a person under 18 or an adult without legal capacity. Also, effective 1st January 2024, patients can cultivate up to 10 growing plants. However, it is illegal for more than five qualifying patients to cultivate marijuana at one growing site.
Individuals other than registered medical patients caught cultivating marijuana may be charged with various offenses. Growing between 25 to 50 marijuana plants without a medical card is a Class C felony punishable by up to 5 years in prison and a $10,000 fine. Also, cultivating between 50 to 100 plants is a class B felony punishable by up to ten years in prison and a $25,000 fine. Growing more than 100 marijuana plants in Hawaii is a Class A felony punishable by up to 20 years in prison and a $50,000 fine. These punishments are more stringent if the cultivation is done illegally on another person's property. Growing less than 25 marijuana plants on another person's property without permission is a class B felony punishable by ten years in prison and a $25,000 fine. Growing 25 or more plants on such properties without the owners' permission is a class A felony attracting 20 years in prison and a $50,000 fine.
Growing marijuana in a structure where a minor under the age of 16 is present is an offense. Individuals guilty of this offense will have two additional years added to the initial sentence of illegal cultivation. However, if the cultivation was done in a structure where an individual under 18 is present, and the cultivation caused significant bodily harm to the minor, the offender may get an additional five years to their jail sentence.
It is illegal to drive under the influence of marijuana in Hawaii. An individual found violating this may be charged with a DUI. DUI penalties in Hawaii include license suspension, fines, jail time, community service, and compulsory attendance of substance abuse programs.
Medical marijuana is legal in Hawaii. However, consumption on the premises of federal property or places outside the patient's private residence is illegal. It is unlawful to smoke or vape medical marijuana on premises that are not designated smoke-free locations.
Hawaii’s law permits the arresting officers to confiscate an asset on the grounds that the offender used it for the commercial promotion of marijuana. Also, assets used in the illegal sale, manufacture, and distribution of marijuana are subject to forfeiture. Law enforcement officers may confiscate assets such as cash, jewelry, houses, and cars on conviction of a criminal misdemeanor or felony marijuana offense.
Persons who violate Hawaii marijuana laws can have their charges dropped with a competent defense attorney. Possible outcomes for working with a marijuana defense attorney include:
Possible remedies for a defendant for violating Hawaii marijuana laws include:
Additional Hawaii marijuana limitations include:
Marijuana use was highly unrestricted and widespread during this period. The fall of the Hawaiian monarchy and the integration of Hawaii into the United States, on the other hand, came before any attempts to regulate marijuana. The Pure Food and Drug Act of 1906 set the stage for this. The Mexican Revolution of 1910 caused an influx of Mexican immigrants to the United States, along with their marijuana-smoking habit. As a result, there was an upsurge in drug misuse and popular resistance to marijuana use. In reaction to the growing usage of marijuana, the United States Congress passed the Marijuana Tax Act in 1937. Soon after, 23 states banned marijuana. Marijuana was removed from the United States Pharmacopeia in 1942 as a result of this.
In 1956, the Federal Narcotics Control Act designated marijuana as a prohibited narcotic, making its possession illegal in the United States. In 1972, President Richard Nixon formed a group to look into marijuana restrictions. The group recommended the decriminalization of marijuana as a result of its findings. Consequently, marijuana laws became liberalized in various states. In the State of Hawaii, recreational marijuana is illegal. However, the state legislature has decriminalized possession of fewer than 3 grams of marijuana. Several initiatives to legalize recreational marijuana are currently being discussed on the floor of the state senate.
There are several restrictions on marijuana use in Hawaii. These include: