The Hawaii Code, formally called the Hawaii Revised Statutes, is the state’s compiled body of law, organized into 38 subject-matter titles that cover criminal offenses, property, family relations, taxation, employment, and more.1Legislative Reference Bureau. Finding the Laws If you live in Hawaii, run a business here, or own property in the islands, the rules below are the ones most likely to affect you.
How the Code Is Organized
The Hawaii Revised Statutes (HRS) are enacted by the legislature and updated regularly. Each of the 38 titles breaks down into chapters and numbered sections, so a specific rule can be cited precisely, such as HRS 521-44 for residential security deposits.1Legislative Reference Bureau. Finding the Laws
Above the statutes sits the Hawaii Constitution, which frames state government, separates the three branches, and guarantees fundamental rights. It also carries provisions less common elsewhere, including protections for Native Hawaiian rights and environmental conservation.
Two other layers matter in practice. The Hawaii Supreme Court and the Intermediate Court of Appeals interpret statutes and set binding precedent. State agencies publish the Hawaii Administrative Rules (HAR), which spell out how statutes work day to day. Rulemaking requires public notice, a comment period, hearings, Attorney General review, and final approval before any rule takes effect.2Department of Land and Natural Resources. Department of Land and Natural Resources Administrative Rules
Criminal Offenses
Title 37 of the HRS is the Hawaii Penal Code. Offenses are graded as felonies, misdemeanors, and petty misdemeanors.3Justia. Hawaii Revised Statutes 701-107 – Grades and Classes of Offenses A misdemeanor carries up to one year in jail; a petty misdemeanor tops out at 30 days.4Justia. Hawaii Revised Statutes 706-663 – Sentence of Imprisonment for Misdemeanor and Petty Misdemeanor
First-degree murder covers situations such as intentionally killing more than one person, killing a law enforcement officer or judge in connection with their duties, or hiring someone to commit a killing.5Justia. Hawaii Code 707-701 – Murder in the First Degree A person 18 or older convicted of first-degree murder faces life imprisonment without the possibility of parole. Someone under 18 at the time of the offense receives life with the possibility of parole.6Justia. Hawaii Revised Statutes 706-656 – Terms of Imprisonment for First Degree Murder and First Degree Attempted Murder
Theft is graded by value. First-degree theft applies when property or services exceed $20,000 and is a Class B felony.7FindLaw. Hawaii Revised Statutes 708-830.5 – Theft in the First Degree Second-degree theft is a Class C felony for lower-value takings that still cross specified thresholds.8Justia. Hawaii Code 708-831 – Theft in the Second Degree
DUI
A first DUI conviction within a ten-year period carries a mandatory license revocation of one to eighteen months, installation of an ignition interlock device, and either 72 hours of community service, 48 hours to five days in jail, or a fine between $250 and $1,000.9Justia. Hawaii Revised Statutes 291E-61 – Operating a Vehicle Under the Influence of an Intoxicant A second offense within ten years escalates to a two- to three-year revocation, a fine of $1,000 to $3,000, and up to 30 days in jail. These sentences cannot be suspended or placed on probation.
Firearms
Broad categories of people are barred from owning or possessing firearms, including convicted felons, people under a restraining order, people with certain mental health histories, and those with drug or alcohol treatment histories.10Justia. Hawaii Code 134-7 – Ownership, Possession, or Control Prohibited, When; Penalty Penalties range from a Class B felony for convicted felons to a Class C felony or misdemeanor for other prohibited categories.
A valid carry permit does not open every door. State law bars firearms in dozens of locations, including government buildings, schools, hospitals, parks, beaches, bars, and stadiums. Carrying in a restricted location is a misdemeanor.11Justia. Hawaii Revised Statutes 134-9.1 – Carrying or Possessing a Firearm in Certain Locations
Civil Claims and Small Disputes
Hawaii uses modified comparative negligence. You can recover for someone else’s carelessness as long as your own negligence is not greater than the other party’s; if you were more at fault, you recover nothing, and any award is reduced by your share of the blame.12FindLaw. Hawaii Revised Statutes 663-31 – Comparative Negligence A plaintiff found 40% at fault for a $100,000 loss would receive $60,000.
Medical malpractice claims cap noneconomic damages (pain and suffering) at $375,000.13Justia. Hawaii Revised Statutes 663-8.7 – Limitation on Pain and Suffering Economic damages like medical bills and lost wages are not capped. The general deadline to file a personal injury lawsuit is two years from the date of injury.
For smaller matters, Hawaii’s small claims court hears cases up to $5,000. There is one important exception: a tenant seeking the return of a residential security deposit has no dollar cap in small claims court.14Hawaii State Judiciary. Small Claims Questions and Answers The process is designed to work without a lawyer.
Landlord-Tenant Rules
The Residential Landlord-Tenant Code lives in HRS Chapter 521 and covers leases, deposits, and evictions statewide.15Justia. Hawaii Code 521 – Residential Landlord-Tenant Code
Security deposits are capped at one month’s rent. A landlord can also charge a pet deposit up to one month’s rent, and that pet deposit doesn’t apply to assistance animals for tenants with disabilities. After a lease ends, the landlord has 14 days to return the deposit or to send written notice with an itemized explanation of any deductions, supported by receipts or repair estimates. Missing that 14-day deadline forfeits the landlord’s right to keep any portion of the deposit.16FindLaw. Hawaii Revised Statutes 521-44 – Security Deposits
Evictions require proper written notice and, for contested cases, a court order. A landlord cannot use self-help measures like changing locks or shutting off utilities to force a tenant out.
Employment and Workplace Rules
Hawaii’s minimum wage rose to $16.00 per hour on January 1, 2026, and is scheduled to reach $18.00 per hour on January 1, 2028.17Hawaii Department of Labor and Industrial Relations. Hawaii’s Minimum Wage Increases to $16.00 on January 1
The Prepaid Health Care Act requires employers to provide health insurance to employees who work at least 20 hours per week and earn at least 86.67 times the state minimum wage per month. Employers must cover at least half the premium, and the employee’s share cannot exceed 1.5% of gross monthly earnings. Coverage begins after four consecutive weeks of employment.18Hawaii Department of Labor and Industrial Relations. About Prepaid Health Care Hawaii enacted this mandate in 1974.
Anti-discrimination law here covers employers of all sizes, with no minimum employee threshold. Protected classes go beyond federal law and include race, sex (including gender identity and expression), sexual orientation, age, religion, color, ancestry, disability, marital status, arrest and court record, reproductive health decisions, and domestic or sexual violence victim status.19Justia. Hawaii Revised Statutes 378-2 – Discriminatory Practices Made Unlawful; Offenses Defined Arrest and court record protection is worth flagging: in most states, an employer can freely weigh arrest history; in Hawaii, using it against an applicant or employee is unlawful.
The federal Family and Medical Leave Act applies to eligible workers in Hawaii and provides up to 12 weeks of unpaid, job-protected leave per year. To qualify, you must have worked for your employer for at least 12 months, logged at least 1,250 hours in the past year, and work at a location where the employer has 50 or more employees within 75 miles.20U.S. Department of Labor. Family and Medical Leave (FMLA) Hawaii also has its own family leave law that reaches some situations the federal law does not.
Taxes
Hawaii does not have a traditional sales tax. It imposes a General Excise Tax (GET) on business activities, at 4% for most retail transactions, 0.5% for wholesaling, and 0.15% for insurance commissions. The GET is technically a tax on the business, but businesses may pass it on to customers, which is why receipts show charges slightly above 4%.21Hawaii Department of Taxation. General Excise Tax (GET) Information
On Oahu, a 0.5% county surcharge sits on top of the 4% base, producing an effective pass-on rate of 4.712% through the end of 2030.21Hawaii Department of Taxation. General Excise Tax (GET) Information Unlike a sales tax, the GET reaches virtually all gross receipts, so service providers, contractors, and landlords collecting rent owe it too.
State income tax rates run from 1.4% to 11%, one of the highest top brackets in the country. Residents and businesses should plan for both the income tax and the GET.
Family Law
Hawaii recognizes marriage between any two people, requiring a valid marriage license and an authorized officiant. Divorce is no-fault: either spouse can file based on irretrievable breakdown, without proving misconduct.
Property division uses equitable distribution. The court divides all property, whether held jointly or separately, in a manner it considers just and equitable, weighing each spouse’s finances, the length of the marriage, and the needs of any children.22Justia. Hawaii Revised Statutes 580-47 – Support Orders Fair does not always mean equal. Child custody decisions turn on the best interests of the child, including stability, emotional bonds, and each parent’s willingness to support the child’s relationship with the other parent.
Wills and Probate
Hawaii follows the Uniform Probate Code. A valid will must be in writing, signed by you (or by someone else in your presence and at your direction), and signed by at least two witnesses within a reasonable time after they watched you sign or heard you acknowledge your signature.23Justia. Hawaii Revised Statutes 560:2-502 – Execution; Witnessed or Notarized Wills; Holographic Wills
Hawaii also recognizes holographic wills, in which the signature and the key provisions are in the person’s own handwriting; no witnesses are required. Dying without any will means your estate passes under Hawaii’s intestacy rules, which may not match what you would have chosen.
Real Property
The Land Use Commission classifies every parcel in Hawaii into one of four districts: urban, rural, agricultural, or conservation. Urban districts include developed areas and land reserved for growth. Agricultural districts protect farmland. Conservation districts cover former forest and water reserve zones. Rural districts mix small farms with low-density housing, generally no more than one house per half acre.24Hawaii Land Use Commission. Hawaii Revised Statutes Chapter 205 – Land Use Commission
Leasehold ownership is common in Hawaii. You own the building while leasing the land beneath it from a private trust, estate, or government entity, with lease terms historically running 30 to 99 years. The Hawaii Land Reform Act of 1967 gave certain residential leaseholders a right to buy the underlying land through a condemnation process at a court-determined price.
Building near the coast means working through the Coastal Zone Management Act, codified in HRS Chapter 205A. Shoreline setback provisions restrict construction near the shoreline to prevent erosion and protect public beach access.25Justia. Hawaii Revised Statutes Title 13 Chapter 205A – Coastal Zone Management Major projects within designated Special Management Areas require a permit, and the review looks at environmental impact, public access, and consistency with coastal zone policies.
Cannabis Status
Recreational marijuana remains illegal in Hawaii. Legislative efforts to establish a regulated recreational program have repeatedly stalled, and as of early 2026, no legalization bill has advanced. Medical marijuana is available to qualifying patients through the state’s dispensary system. Possession without a medical card remains a criminal offense. Hemp products are allowed under state law with limited THC content per serving, though federal rules tightening hemp THC thresholds are expected to take effect in late 2026, which may force Hawaii to adjust its standards.