Hawaii cannabis laws allow medical use by registered patients and treat possession of three grams or less as a $130 civil violation, but recreational cannabis is not legal and larger amounts carry criminal penalties that climb quickly into felony territory.
How Much You Can Possess Before It Becomes a Crime
Hawaii decriminalized very small amounts through Act 273 in 2019. Possessing three grams or less is a non-criminal violation with a flat $130 fine and no jail time.1Justia. Hawaii Revised Statutes 712-1249 – Promoting a Detrimental Drug in the Third Degree Three grams is a narrow window, roughly a few rolled cigarettes’ worth.
Above that, the penalties climb fast. More than three grams but under one ounce is a petty misdemeanor, up to 30 days in jail and a fine of up to $1,000.1Justia. Hawaii Revised Statutes 712-1249 – Promoting a Detrimental Drug in the Third Degree One ounce or more is a misdemeanor carrying up to a year in jail and a $2,000 fine.2Justia. Hawaii Revised Statutes 712-1248 – Promoting a Detrimental Drug in the Second Degree Two pounds or more is a class B felony punishable by up to ten years in prison, and 25 pounds or more is a class A felony with a potential 20-year sentence.3State of Hawaii, Department of Health. Laws and Rules
Who Qualifies for Medical Cannabis
The Hawaii Department of Health runs the Medical Cannabis Registry Program, and legal purchase, possession, and use begin with a 329 Registration Card.4State of Hawaii, Department of Health. Medical Cannabis Registry Program A licensed physician or advanced practice registered nurse must certify that you have a qualifying debilitating condition.
The recognized conditions fall into two groups. Named diagnoses include cancer, glaucoma, HIV/AIDS, epilepsy, multiple sclerosis, lupus, rheumatoid arthritis, PTSD, and ALS. Symptom-based qualification is available for any chronic or debilitating disease (or its treatment) that produces cachexia or wasting syndrome, severe pain, severe nausea, seizures, or severe and persistent muscle spasms. The DOH can add conditions through a petition process, so the list has expanded over time.5State of Hawaii, Department of Health. Qualifying Debilitating Medical Conditions
Registration costs $35 for a one-year card or $70 for a two-year card, with physician evaluation fees separate.6State of Hawaii, Department of Health. Fees Under Act 108 (2023), a written physician certification can now stay valid for up to three years.3State of Hawaii, Department of Health. Laws and Rules
What a 329 Card Lets You Do
A registered patient and their caregiver may jointly possess up to four ounces of usable cannabis and cultivate up to ten plants at a time, mature or immature.7State of Hawaii, Department of Health. Growing Cannabis Plants must be grown at a specific location registered with the DOH and listed on the 329 Card, typically the patient’s or caregiver’s residence or another property one of them owns or controls. Every plant needs a legible tag showing the patient’s registration number and card expiration date. Only the patient and the one designated caregiver on the card may handle the plants or the usable cannabis. Cultivation on public spaces or federal land is prohibited.
Caregiver cultivation authority is currently unsettled. State law technically ended it on January 1, 2025, but Governor Josh Green issued Executive Order 24-06 directing the DOH not to prioritize enforcement against caregivers who grow for a single patient under the standard rules.8Office of the Governor of Hawaii. Executive Order No. 24-06 – Guidance Regarding Medical Cannabis Primary Caregivers That is not a permanent fix, and anyone relying on caregiver cultivation should watch the legislature for a lasting change.
Where You Cannot Use It, Even With a Card
A 329 Card does not authorize use anywhere you please. The DOH prohibits use in all public places, including public parks and beaches, recreation and youth centers, school grounds, moving vehicles, school buses and public transit, and workplaces. When you transport cannabis in public, it must stay sealed, out of sight, and unopened.9State of Hawaii, Department of Health. Medical Cannabis Use and Restrictions
One rule catches many patients off guard: inter-island transport is not protected. If you fly from Oahu to Maui, buy from a dispensary on the destination island rather than bringing your own supply. Hawaii’s smoke-free laws also apply. If a hotel, apartment building, or condo is designated smoke-free, you cannot smoke or vaporize cannabis there, and that applies to visitors with out-of-state cards as well.9State of Hawaii, Department of Health. Medical Cannabis Use and Restrictions
Where Patients Can Buy
Hawaii’s dispensary system was created by Act 241 in 2015, codified at Chapter 329D of the Hawaii Revised Statutes.10State of Hawaii, Department of Health. Medical Cannabis Dispensary Program Eight licenses were issued statewide: three for Honolulu, two each for Hawaii and Maui counties, and one for Kauai.11State of Hawaii Department of Health. Act 241 – Medical Marijuana Dispensary System No new licenses have been issued since April 2016. As of December 2025, those eight licensees operate 10 production centers and 24 retail locations.12State of Hawaii, Department of Health. Annual Report to the 2026 Legislature Dispensaries carry flower, edibles (available since 2021), concentrates, capsules, lozenges, topicals, tinctures, transdermal patches, and vape cartridges, all lab-tested and labeled with cannabinoid content, expiration dates, and health warnings.
Hemp, CBD, and Delta-8
Hawaii treats synthetic and isomerized cannabinoids more strictly than many states. Cannabinoids created through isomerization, including delta-8-THC and delta-10-THC, are explicitly banned.13State of Hawaii, Department of Health. Statutes and Rules The delta-8 gummies and vape cartridges common on the mainland are illegal here.
Even permitted hemp products are limited by form. Legal hemp-derived products containing naturally occurring cannabinoids like CBD may be sold only as tablets, capsules, powders, softgels, gelcaps, liquids, or topicals. Gummies, CBD-infused food and drink, smokable hemp flower, and cannabinoid vape liquids are all prohibited. Retailers selling non-compliant hemp products face penalties of up to $10,000 per offense.13State of Hawaii, Department of Health. Statutes and Rules
Driving After Using Cannabis
Hawaii’s operating-a-vehicle-under-the-influence-of-an-intoxicant law (OVUII) applies to drugs as well as alcohol. Under HRS 291E-61, you commit the offense if you operate a vehicle while under the influence of any drug that impairs your ability to drive carefully and prudently.14Justia. Hawaii Revised Statutes 291E-61 – Operating a Vehicle Under the Influence of an Intoxicant Hawaii does not set a specific blood-THC threshold; prosecutors must show actual impairment.
A 329 Card is not a defense. State law prohibits medical cannabis use in any moving vehicle, and Hawaii courts have confirmed that a valid card does not shield a driver from an OVUII charge.15Hawaii State Judiciary. Medical Marijuana Card and OVUII FAQ A first conviction brings a one- to eighteen-month license revocation, mandatory ignition interlock, and either 72 hours of community service, 48 hours to five days in jail, or a fine of $250 to $1,000. A second conviction within ten years means a two- to three-year license revocation, a minimum $1,000 fine, and at least five days in jail.14Justia. Hawaii Revised Statutes 291E-61 – Operating a Vehicle Under the Influence of an Intoxicant
Distribution and Unlicensed Cultivation
Distribution penalties scale with quantity. Distributing any amount is a misdemeanor under HRS 712-1248, up to a year in jail and a $2,000 fine.2Justia. Hawaii Revised Statutes 712-1248 – Promoting a Detrimental Drug in the Second Degree Distributing one ounce or more, or selling any amount, is a class C felony (up to five years). One pound or more is a class B felony (up to ten years); five pounds or more is a class A felony (up to twenty).3State of Hawaii, Department of Health. Laws and Rules Distribution within 750 feet of a school, public park, or public housing project, or within 10 feet of a parked school vehicle, is automatically a class C felony, and repeat offenders face a mandatory minimum of two years with no parole until the minimum is served.16Justia. Hawaii Revised Statutes 712-1249.6 – Promoting a Controlled Substance in, on, or Near Schools, School Vehicles, Public Parks, or Public Housing Projects or Complexes
Unlicensed cultivation carries its own ladder. 25 to 49 plants is a class C felony (up to five years); 50 to 99 plants is a class B felony (up to ten); 100 or more is a class A felony (up to twenty). Growing any number of plants on someone else’s land without permission is a class B felony, and 25 or more plants on another person’s property without consent is a class A felony.3State of Hawaii, Department of Health. Laws and Rules
Federal Rules That Still Apply in Hawaii
Cannabis remains Schedule I under federal law, and Hawaii’s federal footprint is large. All forms of cannabis are illegal on military installations and other federal property regardless of state registration, and service members are subject to the Uniform Code of Military Justice.
Airports operate under federal jurisdiction. TSA does not actively search for marijuana, but any cannabis found during screening is referred to law enforcement.17Transportation Security Administration. Medical Marijuana That applies to inter-island flights too, so flying with cannabis inside Hawaii breaks both state and federal law. Federal law also bars knowing transport of marijuana on aircraft; pilots face permanent certificate revocation and aircraft owners a five-year registration revocation.18Federal Aviation Administration. Marijuana and Aviation Digital Tool Kit
Firearms are another federal collision. Under 18 U.S.C. 922(g)(3), an unlawful user of a controlled substance cannot possess firearms, and a state medical card does not change that. A 2026 ATF rulemaking narrowed the definition of “unlawful user” to require evidence of regular and recent use rather than a single past admission, but the prohibition still applies to anyone actively using cannabis.19Federal Register. Revising Definition of Unlawful User of or Addicted to Controlled Substance
Employment protections are limited. Federal employers, contractors, and grant recipients must maintain drug-free workplaces under the Drug-Free Workplace Act, the ADA does not require accommodation of medical cannabis because marijuana remains federally illegal, and Hawaii has no state law requiring private employers to accommodate patients. Most employers can enforce zero-tolerance policies and terminate for positive tests.
Federally subsidized housing follows a similar rule. HUD guidance requires property owners to deny admission to current users of a controlled substance and authorizes eviction of current tenants for cannabis use, even in medical-program states.20U.S. Department of Housing and Urban Development. Use of Marijuana in Multifamily Assisted Properties Owners have some discretion with current tenants case by case, but they cannot adopt policies affirmatively permitting cannabis use on the property.
Where Recreational Legalization Stands
As of 2026, Hawaii has not legalized recreational cannabis, though the legislature is still debating it. The state Senate advanced SB 3275, a limited measure allowing adults 21 and older to possess low-dose products capped at 5 milligrams of THC per serving; it does not create commercial cultivation or retail licensing. The House has signaled it lacks the votes to move legalization this session, and a separate bill to place the question on a statewide ballot was deferred. For now, legal access remains through the medical program.