Hawaii Marijuana Laws

Updated August 2019

The easy-going state of Hawaii has yet to legalize recreational marijuana, but it was one of the first states to legalize medical marijuana legal in 2000. The state has consistently revised their medical marijuana policies and even decriminalized simple possession, but lawmakers have yet to come close to enacting constructive recreational marijuana policy. Learn more about Hawaii marijuana laws below.

Recreational Marijuana in Hawaii

Is marijuana legal in Hawaii? While recreational marijuana remains illegal in Hawaii, in July 2019 state lawmakers did pass legislation to decriminalize the substance. The law removes the possibility of jail time as a penalty for up to three grams of marijuana, and instead imposes a $130 fine. The law takes effect Saturday, January 11, 2020.

Possession of more than three grams up to 1 pound of recreational marijuana is charged as a misdemeanor, while possession of any amount greater than 1 pound is considered a felony. The sale of amounts greater than 1 ounce are penalized as a felony with prison time ranging from 5 years to 20 years and a maximum fine of $50,000.

Recreational marijuana legislation has failed to gain serious traction in Hawaii’s legislature.

Medical Marijuana in Hawaii

Senate Bill 862, signed into law by Gov. Ben Cayetano in 2000, legalized marijuana for medical purposes. Provided a patient has a written certification from a physician, the use and possession of up to 4 ounces of usable marijuana and no more than 7 marijuana plants (up to 3 mature marijuana plants, 4 immature marijuana plants) is legal under the law.

Qualifying patients are allowed to have a primary caregiver, who is a person 18 years of age or older that is responsible for managing the well being of the qualifying patient with respect to medical marijuana.

The following conditions have been approved conditions for medical marijuana possession:

  • Amyotrophic Lateral Sclerosis (ALS)
  • Alzheimer’s Disease
  • Cachexia or Wasting Syndrome
  • Cancer
  • Crohn’s Disease
  • Glaucoma
  • Hepatitis C
  • Post Traumatic Stress Disorder (PTSD)
  • Seizures (including Epilepsy)
  • Severe and Chronic Pain
  • Severe or Persistent Muscle Spasms (including Multiple Sclerosis)
  • Severe Nausea

Patients should always keep their medical marijuana certification on hand to avoid any trouble with the law.

Consumption of CBD from Hemp Oil in Hawaii

Hemp-derived CBD products are legal under Federal Law in the United States; however, individual state laws are dynamic and fluid. Individual states may enact their own laws governing hemp-derived CBD.

Cultivation of Cannabis in Hawaii

The cultivation of cannabis for medical or recreational use is illegal and chargeable as a felony with prison terms ranging from five to 20 years with a maximum fine of $50,000.

Gov. David Ige did sign into law Senate Bill 2659 in July 2016 to establish an industrial hemp pilot program. Through the Department of Agriculture, growers can cultivate industrial hemp and distribute hemp speed in Hawaii for purposes of agricultural or academic research.

Legal Status of Other U.S. States

Stay up to date on the latest state legislation, referendums, and public opinion polls. Our Marijuana Legalization Map allows you to browse the current status of medical and recreational marijuana laws in other U.S. states and territories.


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