Hawaii Marijuana Laws
In 2021, a Senate bill to legalize recreational marijuana died on the House floor. But, the state does have a medical marijuana program in place. Qualified patients may purchase and possess up to four ounces and grow 10 plants at home. Lawmakers have decriminalized possession of three grams or less with a charge of $130.
LAW BREAKDOWN
LAW BREAKDOWNS
Hawaii provides a friendly climate for marijuana users, especially patients, but only medical cannabis is allowed under state law. Small amounts of possession of recreational use has been decriminalized.
Possession
Possession of small amounts of cannabis has been decriminalized in Hawaii. Possessing no more than 3 grams of marijuana is a civil violation, punishable by a fine of up to $130. Possession of amounts greater amounts than this is a crime.
Possession of between 3 grams and 1 ounce is a misdemeanor, and the penalty is up to 30 days in jail and a fine of $1000.
For amounts between 1 ounce and 1 pound, the potential jail term increases to 1 year, and the fine to $2000.
When the quantity possessed is more than a pound, the crime is treated as possession with intent to deliver, a felony punishable by up to 5 years imprisonment and $10,000 in fines.
The top penalty for between 2 and 25 pounds is 10 years in prison and $25,000. If the weight is greater than 25 pounds, the maximum punishment is 20 years in prison and a fine of up to $50,000.
Finally, possession with intent to sell within 750 feet of a school or park, or within 10 feet of a parked school vehicle is a felony and carries a maximum penalty of 5 years in prison and $10,000.
| Offense | Penalty | Incarceration | Max. Fine |
|---|---|---|---|
Personal Use |
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| Up to 3 grams | Violation | None | $ 130 |
| More than 3 grams – less than 1 oz | Misdemeanor | 30 days | $ 1,000 |
| 1 oz – 1 lb | Misdemeanor | 1 year | $ 2,000 |
| 1 lb or more | Felony | 5 years | $ 10,000 |
Commercial Promotion |
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| 1 – 2 lbs | Felony | 5 years | $ 10,000 |
| 2 – less than 25 lbs | Felony | 10 years | $ 25,000 |
| 25 lbs or more | Felony | 20 years | $ 50,000 |
| Within 750 feet of school grounds or a park, or on or within 10 feet of a parked school vehicle | Felony | 5 years | $ 10,000 |
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Sale and Delivery
Sale or delivery of less than 1 ounce of marijuana is a misdemeanor in Hawaii, punishable by up to 1 year in jail and $2,000 in fines. Sale of larger amounts is a felony. If the weight is between 1 ounce and 1 pound, the penalty can include up to 5 years in prison and $10,000.
If the amount is between 1 and 5 pounds, the maximum penalty increases to 10 years in prison and $25,000 in fines. Sale or delivery of more than 5 pounds is punishable by up to 20 years in prison and $50,000.
Sale or delivery of any amount of cannabis within 750 feet of a school or park, or within 10 feet of a parked school vehicle, is a felony and carries a maximum sentence of 5 years in prison and $10,000 in fines.
| Offense | Penalty | Incarceration | Max. Fine |
|---|---|---|---|
| Less than 1 oz | Misdemeanor | 1 year | $ 2,000 |
| 1 oz – 1 lb | Felony | 5 years | $ 10,000 |
| 1 – 5 lbs | Felony | 10 years | $ 25,000 |
| 5 lbs or more | Felony | 20 years | $ 50,000 |
| Within 750 feet of school grounds or a park, or on or within 10 feet of a parked school vehicle | Felony | 5 years | $ 10,000 |
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Cultivation
Cultivation of any amount of marijuana is a crime in Hawaii. If fewer than 25 plants are involved, the offense is treated as simple possession. If between 25 and 50 plants are involved, the offense is a felony with a maximum penalty of 5 years in prison and $10,000.
Cultivation of between 50 and 100 plants carries a top penalty of 10 years in prison and a $25,000 fine. Cultivation of 100 or more plants is punishable by up to 20 years in prison and a maximum $50,000 fine.
It is a felony to grow fewer than 25 plants on another person’s property with the person’s consent. The maximum sentence is 10 years in prison and $25,000 in fines. The top penalty for growing more than 25 plants on another person’s property is 20 years in prison and $50,000.
Enhanced penalties apply for growing cannabis in the presence of a minor under age 16.
| Offense | Penalty | Incarceration | Max. Fine |
|---|---|---|---|
| 25 – 50 plants | Felony | 5 years | $ 10,000 |
| 50 – 100 plants | Felony | 10 years | $ 25,000 |
| 100 plants or more | Felony | 20 years | $ 50,000 |
| Less than 25 plants on another’s property | Felony | 10 years | $ 25,000 |
| 25 plants or more on another’s property | Felony | 20 years | $ 50,000 |
| In a structure where a minor under 16 years is present carries additional penalty | |||
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Hash and Concentrates
Possession of less than one-eighth of an ounce of marijuana concentrates is a misdemeanor punishable by 1 year in jail and $2,000 in fines.
When the amount is between one-eighth of an ounce and 1 ounce, the offense is a felony, and the maximum punishment is 10 years in prison and $25,000 in fines.
Possession of more than 1 ounce of concentrates is also a felony, and the penalty can include up to 20 years in prison and $50,000 in fines.
The distribution of concentrates comes with heavier penalties. When the amount sold is less than one-eighth, the maximum prison term is 10 years, and a $25,000 fine is possible. For amounts involving more than one-eighth of an ounce, the maximum penalty is 20 years in prison and $50,000 in fines.
| Offense | Penalty | Incarceration | Max. Fine |
|---|---|---|---|
Possession |
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| Less than 1/8 oz | Misdemeanor | 1 year | $ 2,000 |
| 1/8 – less than 1 oz | Felony | 10 years | $ 25,000 |
| 1 oz or more | Felony | 20 years | $ 50,000 |
Distribution |
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| Less than 1/8 oz | Felony | 10 years | $ 25,000 |
| 1/8 oz or more | Felony | 20 years | $ 50,000 |
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Paraphernalia
Use, possession and sale of marijuana paraphernalia are all felonies in Hawaii. Marijuana paraphernalia includes all drug-related objects, including those used in the cultivation, growing, harvesting, analysis, testing, storage, concealment, or use of marijuana.
Possession and use. Use, or possession with intent to use, is a class C felony. Penalties include up to 5 years in prison, a $10,000 fine, or both.
Sale and distribution. Sale, or possession with intent to sell, is also a class C felony. The maximum punishment is up to 5 years in prison, $10,000 in fines, or both. Advertising of paraphernalia is likewise a felony and carries the same penalties.
Sale to a minor. Any person aged 18 or older who distributes paraphernalia to a minor at least 3 years their junior is guilty of a class B felony. The maximum penalty for this offense is 10 years in prison, $25,000 in fines, or both.
| Offense | Penalty | Incarceration | Max. Fine |
|---|---|---|---|
| Use, possession or sale of paraphernalia | Felony | 5 years | $ 10,000 |
| Delivery to a minor at least 3 years junior | Felony | 10 years | $ 25,000 |
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Miscellaneous
| Forfeiture |
|---|
| Vehicles and other property may be seized. |
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| Offense | Penalty | Incarceration | Max. Fine |
|---|---|---|---|
| Promoting through a minor | Felony | 10 years | $ 25,000 |
| Within school grounds, school vehicles, or a public park | Felony | 20 years | $ 50,000 |
| Discovery of marijuana in a vehicle may result in each occupant being charged with possession. | |||
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Medical Marijuana
MEDICAL MARIJUANA
Hawaii has removed state-level criminal penalties for use, possession and cultivation of marijuana by patients who possess a signed physician’s statement confirming he or she suffers from a debilitating condition and the “potential benefits of medical use of marijuana would likely outweigh the health risks.”
QUALIFYING CONDITIONS:
- Amyotrophic Lateral Sclerosis (ALS)
- Cachexia
- Cancer
- Chronic pain
- Crohn’s disease
- Epilepsy
- Glaucoma
- HIV or AIDS
- Lupus
- Multiple sclerosis
- Nausea
- Persistent muscle spasms
- Post traumatic stress
- Rheumatoid arthritis
- Seizures
PATIENT POSSESSION LIMITS:
Four ounces of usable marijuana at any one time, possessed jointly between the patient and the primary caregiver. “Usable marijuana” excludes the seeds, stalks and roots of a plant.
HOME CULTIVATION:
Yes. No more than seven plants are permitted, regardless of their level of maturity.
STATE-LICENSED DISPENSARIES:
Yes
CAREGIVERS:
Yes. The primary caregiver, a person other than the qualifying patient or the physician, is responsible for managing the well-being of the patient regarding their medicinal marijuana use. Caregivers must be at least 18 years of age and must only be responsible for one qualifying patient. Each patient may only have one dedicated caregiver at any one time.
RECIPROCITY:
Yes. House Bill 2729 (effective July 1, 2018) establishes requirements for reciprocity between medical marijuana patients.
Hawaii Marijuana Attorneys
The following Hawaii lawyers are actively involved in the practice of cannabis law:
