While Hawaii offers a medicinal cannabis program, they remain recreationally illegal. Those in possession of cannabis without the proper credentials are subject to fines and jailtime.
Throughout this article, we offer you everything you need to know about cannabis laws and regulations in the state of Hawaii. At the end, we’ll inform you of what you can do to apply for Hawaii’s medical cannabis program.
Cannabis Possession in Hawaii
Possessing cannabis without a medical card is illegal in the state of Hawaii. Those who are caught with cannabis will face consequences depending on the amount they hold:
- Up to 3 grams – Will be charged as a violation with a maximum penalty of $130.
- More than 3 grams and less than an ounce – Will be charged as a misdemeanor with a maximum penalty of 30 days incarceration and a $1,000 fine.
- More than 1 ounce and less than a pound – Will be charged as a misdemeanor with a maximum penalty of 1 year incarceration and a $2,000 fine.
- More than 1 pound and less than 2 pounds – Will be charged as a felony with a maximum penalty of 5 years incarceration and a $10,000 fine.
- More than 2 pounds and less than 25 pounds – Will be charged as a felony with a maximum penalty of 10 years incarceration and a $25,000 fine.
- More than 25 pounds – Will be charged as a felony with a maximum penalty of 20 years incarceration and a $50,000 fine.
When you’re caught with more than 1 pound of cannabis, it’s considered commercial promotion. Charges range depending on the circumstances of your situation.
For example, those who are caught within 750 of school grounds or a park (or within 10 feet of a parked school vehicle, such as a school bus) are charged with a felony that alone is punishable with 5 years incarceration and a $10,000 fine.
Paraphernalia Possession
In the state of Hawaii, paraphernalia charges are the most intesnse and are as follows:
- Use, possession, sale – Will be charged with a felony with a maximum penalty of 5 years incarceration and a $10,000 fine.
- Delivery to minor 3 years junior – Will be charged with a felony with a maximum penalty of 10 years incarceration and a $25,000 fine.
Cannabis Sale in Hawaii
The penalties concerning cannabis sales in Hawaii are dependent on the weight you’re caught with. Law enforcement will determine whether or not you’re selling cannabis based on a number of factors. For example, they may catch you in the act or they may find you in possession of sale items (i.e. baggies, a scale, etc.).
Current penalties concerning the sale of cannabis in Hawaii include:
- Less than 1 ounce – Will be charged as a misdemeanor with a maximum penalty of 1 year incarceration and a $2,000 fine.
- Between 1 ounce and 1 pound – Will be charged as a felony with a maximum penalty of 5 years incarceration and a $10,000 fine.
- Between 1 to 5 pounds – Will be charged as a felony with a maximum penalty of 10 years incarceration and a $25,000 fine.
- More than 5 pounds – Will be charged as a felony with a maximum penalty of 20 years incarceration and a $50,000.
If sales are made within 750 feet of school grounds or park (or within 10 feet of a parked school vehicle), you’ll be separately charged a felony with a maximum penalty of 5 years incarceration and a $10,000 fine.
Cannabis Cultivation in Hawaii
Cultivation charges are based on the number of cannabis plants your property is in possession of. For the most part, Hawaii law enforcement is concerned about those growing cannabis for distribution. With that, there is little information on the charges one receives for less than 25 plants.
Beyond that, charges are as follows:
- 25 to 50 plants – Will be charged as a felony with a maximum penalty of 5 years incarceration and a $10,000 fine.
- 50 to 100 plants – Will be charged as a felony with a maximum penalty of 10 years incarceration and a $25,000 fine.
- 100 plants or more – Will be charged as a felony with a maximum penalty of 20 years incarceration and a $50,000 fine.
It’s worth noting that law enforcement may be able to connect you with plants on someone else’s property. If so, you’ll be charged with the following:
- Less than 25 plants – Will be charged as a felony with a maximum penalty of 10 years incarceration and a $25,000 fine.
- More than 25 plants – Will be charged as a felony with a maximum penalty of 20 years incarceration and a $50,000 fine.
Medical Cannabis Program in Hawaii
Qualifying patients that are residents of Hawaii are allowed to enroll in the state’s medical cannabis program. All patients must apply for and receive a government-issued medical cannabis ID card in order to be in legal possession of cannabis.
In order to apply, you must have on of the following qualifying conditions:
- Cancer
- Epilepsy
- HIV/AIDS
- Glaucoma
- Lupus
- Multiple sclerosis
- Post-traumatic stress disorder (PTSD)
- Rheumatoid arthritis
You may also qualify if you have a condition that causes any of the following:
- Cachexia or wasting
- Persistent muscle spasms
- Seizures
- Severe nausea
- Severe pain
Minor patients can only qualify for medical cannabis with a parent’s consent and if an adult controls the dosage, frequency of use, and acquisition of marijuana.
All medical cannabis patients are allowed up to 4 ounces of cannabis flower and up to 10 cannabis plants.
If you believe you qualify for a medical cannabis card in Hawaii, you can apply here.