Hawaii Marijuana Laws

Although Hawaii has some of the lowest per capita arrests for marijuana in the country, it is still important for residents of The Aloha State to become familiar with local paraphernalia laws.

Hawaii Marijuana Attorneys

The following Hawaii lawyers are actively involved in the practice of cannabis law:

Hawaii_hawaiimarijuanabusinesslawyer
Hawaii_stuartraganlaw

LAW BREAKDOWN

Hawaii provides a friendly climate for marijuana users, especially patients, but only medical cannabis is allowed under state law. Possession has not been decriminalized, so even small amounts may carry jail time.

Possession

It is a misdemeanor in Hawaii to possess up to 1 pound of marijuana. If the amount is less than 1 ounce, the maximum penalty is 30 days in jail and $1,000 in fines. If the amount is between 1 ounce and 1 pound, the top punishment is one year in jail and $2,000.

Possession of 1 pound or more is a felony and is treated as possession with intent to deliver. The maximum sentence for between 1 and 2 pounds is five years in prison 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 $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 five years in prison and $10,000.

Sale or Delivery

Sale or delivery of less than 1 ounce of marijuana is a misdemeanor in Hawaii, punishable by up to one 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 five 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 five years in prison and $10,000 in fines.

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 five years in prison and $10,000.

Cultivation of between 50 and 100 plants carries a top penalty of 10 years in prison and $25,000. 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.

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 five 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 five 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 three years their junior is guilty of a class B felony. The maximum penalty for this offense is ten years in prison, $25,000 in fines, or both.

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.

Possesion 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.

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 – Cachexia, Cancer, Chronic pain, Crohn’s Disease, Glaucoma, HIV/AIDS, Nausea, Persistent muscle spasms, Post-traumatic stress disorder (PTSD), 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 – Not yet. The Department of Health has until Jan. 2016 to finalize rules regulating the dispensary program. Licensed dispensaries are expected to be operational by July, 2016. Once operational, patients will be permitted to obtain four ounces of marijuana or marijuana-infused products every 15 days.

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 – No

Contact informationDepartment of Health, Medical Marijuana Registry Program

PENALTIES

Offense Penalty Incarceration   Max. Fine

Possession

Personal Use

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

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

Sale or Delivery

Less than 1 oz Misdemeanor 1 year $ 2,000
1 oz – 1 lb Felony 5 years $ 10,000
1 – less than 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

Cultivation

25 – 50 plants Felony 5 years $ 10,000
50 – less than 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

Paraphernalia

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

Forfeiture

Vehicles and other property may be seized.

Hash & Concentrates

Possession

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

Less than 1/8 oz Felony 10 years $ 25,000
1/8 oz or more Felony 20 years $ 50,000

Miscellaneous

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.