Hawaii Marijuana Limitations

What Happens if I am Under 21 and Caught Carrying or Using Cannabis?

Hawaii only permits a patient with a life-limiting medical condition, a Hawaii 329 card, and a physician's recommendation to use marijuana medicinally. Possession of marijuana for any other use beyond medical use is considered a violation of Hawaii law. Hawaii has several penalties in place for individuals caught in possession of marijuana without a Hawaii 329 patient card. The state further provides specific penalties when the offense involves minors. These penalties include:

• Per HB 1538, it is illegal for minors under 18 years to purchase marijuana. For a first offense, any minor under 18 who violates this law faces a fine of $10. Subsequently, they risk a fine of $50 and will be required to perform 48 to 72 hours of community service. The community services must only be performed during hours when the violator is not employed and is not a student.

Where is it Legal to Smoke Weed in Hawaii?

In Hawaii, all smoke-free laws apply to marijuana smoking. Hence, the state prohibits both in-state and out-of-state patients from smoking marijuana in some locations. These locations include but are not limited to:

• Public space
• Designated non-smoking areas
• Enclosed public spaces, such as a bus, a sports venue, a public arena, or a bus terminal
• Public parks and beaches
• Recreation centers and youth centers
• School properties
• Government offices
• Correctional facilities
• Moving vehicles, such as school buses or public buses
• Public health facilities
• Within 750ft of school grounds
• Within 750ft of youth recreational centers
• Shared apartment buildings

Under federal law, marijuana is illegal, and as such, the smoking of marijuana on any federally controlled land or property is a violation of federal law.

Can I Leave Hawaii with Cannabis?

No. Section 844 of Title 21 of the United States Code criminalizes the possession, use, and transportation of marijuana across state lines. As a result, medical marijuana patient's caregivers and patients themselves may not transport marijuana legally purchased in Hawaii out of the state. Being a controlled substance, the federal government is empowered to prosecute individuals caught crossing state boundaries with marijuana.

Under federal law, a first-time offender caught in possession of small amounts of marijuana commits a misdemeanor. The offender risks a fine of up to $1,000. A second-time offender often faces steeper fines which could be as much as $2,500 and may include a prison sentence ranging from 15 days to two years. Transporting marijuana across state lines is subject to varying penalties depending on the amount of marijuana involved. Individuals caught carrying marijuana across state lines may be charged with possession with intent to distribute marijuana. The penalties may range from 5 years jail time and a $250,000 fine to life imprisonment or a $4 million to $10 million fine.

Will Cannabis Affect My Driving Record in Hawaii?

In Hawaii, operating a vehicle under the influence of an intoxicant (OVII) is also referred to as driving under the influence (DUI). A person driving a motor vehicle on a public highway while under the influence of marijuana may be charged with a DUI. An individual charged with a DUI in Hawaii would generally pay a fine in most cases. In other cases, the individual may have their license suspended or may face jail time. Per Hawaii DUI Laws, individuals who refuse to submit to a breathalyzer test or an on-the-spot field sobriety test may have their license suspended. The Hawaii Department of Motor Vehicle may also issue an administrative suspension on an individual's license for a DUI charge.

A DUI conviction in Hawaii will remain on an individual's driving record for a minimum of five years. Individuals who have multiple DUI convictions face more stringent penalties with each subsequent offense. Commercial drivers may have their licenses permanently revoked if charged with a DUI.

Can I Get a DUI if I Drive While I am High?

Yes. Although medical marijuana is legal in Hawaii, a marijuana prescription is not a license to drive while under the influence (DUI). Marijuana use, according to the National Highway Traffic Safety Administration (NHTSA), impairs cognitive functions and other driving-related skills. Per Hawaii DUI Law, a person is guilty of DUI if they operate a vehicle while under the influence of any drug that impairs their ability to drive carefully. However, there is no legal limit for marijuana intoxication in the state. It implies that a suspect may be charged for a DUI offense for having any amount of THC in their system.

Hawaii DUI laws include an implied consent clause. A person operating a vehicle assent automatically to a field sobriety test or laboratory testing by law enforcement if there is probable cause to believe that their driving is impaired. A driver may choose to refuse the test. However, according to HRS.291E.65, the driver may have their license suspended for a period not less than 12 months and not more than five years. For a standard field sobriety test, any of the following tests will suffice:

• The walk and turn test
• The one-leg stand
• The horizontal gaze Nystagmus

Upon completion of the test, a person observed to be operating a vehicle while under the influence of any drug or alcohol may be charged with a DUI. The penalties for DUI offenses vary based on previous convictions and several other factors. However, according to HRS.291E.61, a person found guilty of a DUI is not entitled to a suspended sentence or probation. The person may face any of the following penalties associated with DUI offenses:

• A first offense is punishable by a 1-year license suspension, 2 to 5 days in jail, a fine of $150 to $1,000, and a 14-hour substance abuse program. The judge may choose to mandate 72 hours of community service in place of the fine or jail time.
• A second offense perpetrated within 5 years of a previous DUI attracts more stringent penalties. The offense is punishable by 18 to 24 months license suspension, a fine ranging from $500 to $1,500, and 240 hours of community service. The individual would also be required to complete a minimum of 14 hours of a substance abuse program.
• A third DUI offense is a felony, punishable by a 2-year license suspension, as well as a fine between $500 to $2500, and a minimum of 10 to 30 days in jail. In some situations, the offender may also forfeit their vehicle to the state.
• For the fourth and subsequent infractions, offenders commit a Class C felony, punishable by five years in prison or five years of probation, as well as a compulsory license revocation of at least one year and a minimum of ten days in jail. The offender will also be required to attend a mandatory driver education program and substance addiction counseling.

An adult charged with a DUI offense while a minor below the age of 16 is onboard will face severe penalties. Such a person would be required to pay an additional fine of $500 and spend an extra 48 hours in jail.

Can I Buy Medical Marijuana in Hawaii?

Patients and caregivers 18 years and over with valid Hawaii 329 cards may purchase marijuana from any licensed marijuana dispensary in the state. However, Hawaii restricts the quantities of marijuana that can be bought by both patients and caregivers to no more than 4 ounces of marijuana over 15 days or 8 ounces over 30 days.

Where Can I Buy Medical Marijuana in Hawaii?

In Hawaii, only state-regulated licensed marijuana dispensaries can sell medical marijuana. Per Hawaii Regulations, patients and caregivers may not buy more than 4 ounces of cannabis in 15 days or 8 ounces in 30 days. Marijuana must also be transported in a sealed container by patients or caregivers. A licensed marijuana dispensary is a dispensary that has met all licensing requirements as stipulated by the Hawaii Department of Health to produce and retail marijuana. The Department of Health provides a list of all licensed marijuana dispensaries in Hawaii on its website.

How Much is Medical Marijuana in Hawaii?

Typically, medical marijuana can be sold as flowers, concentrates, capsules, tablets, tinctures, and lozenges. The average prices of these products in Hawaii vary based on the island and county where it is purchased. The prices are also dependent on the total THC level and the cannabinoid level of the products. Currently, eight licensed medical marijuana dispensaries operate in four counties in the state. Below is a breakdown of average marijuana product prices:

Most dispensaries allow patients and caregivers to place orders online and over the phone for medical marijuana and paraphernalia. However, product pickups must be in person. Patients that require marijuana to be delivered will pay a delivery fee, and they would need to provide their medical marijuana card numbers to have their order processed.

How Much Cannabis Can I Legally Have?

Registered qualifying patients and their caregivers are permitted to carry or possess up to 4 ounces of usable marijuana in Hawaii. Usable marijuana, as defined by the state's medical marijuana laws, does not include the seed stalk and roots of the plant. They are also permitted to cultivate a total of seven marijuana plants in their private residence. Recreational marijuana is still illegal in Hawaii, but the state has decriminalized the possession of up to 3 grams of marijuana by imposing a $130 fine.

Where is Weed Legal?