Marijuana is legal in Hawaii only for medical use by patients who hold a state-issued 329 card. Recreational use remains illegal. Possession of three grams or less has been reduced to a $130 civil fine, but anything above that threshold is a crime, and selling cannabis outside the licensed dispensary system carries felony exposure.
What Happens If You’re Caught Without a Card
Hawaii decriminalized very small amounts, but the cutoff is unusually low. Three grams or less is a civil violation with a $130 fine and no jail time. Above that, you’re in criminal territory.1State of Hawaii, Department of Health. Laws and Rules
- More than 3 grams but less than 1 ounce: petty misdemeanor, up to 30 days in jail and a $1,000 fine.
- 1 ounce to 1 pound: misdemeanor, up to one year in jail and a $2,000 fine.
- 1 pound or more: felony, up to five years in prison and a $10,000 fine.
For comparison, most states that have decriminalized set their threshold at an ounce (28.3 grams) or more. Hawaii’s $130 fine is also among the highest for a small-amount violation.
Selling or distributing outside the licensed dispensary system is a separate category of offense that scales up quickly by weight and plant count, running from misdemeanor “promoting a detrimental drug” charges at the low end to a Class A felony for possessing 25 or more pounds, distributing 5 or more pounds, or controlling 100 or more plants. Growing any amount of cannabis on another person’s land without permission is automatically treated as commercial promotion, which means felony charges even for a few plants.
Driving under the influence of cannabis is a DUI offense. Hawaii does not set a specific blood-THC threshold; officers rely on observable signs of impairment. The Department of Health states plainly that it is not okay to drive a motor vehicle under the influence of medical cannabis, and that applies to cardholders too.2State of Hawaii, Department of Health. Medical Cannabis Use and Restrictions
Who Can Use Cannabis Legally: The 329 Card
Legal use runs through the state’s medical cannabis registry. The 329 card is issued by the Department of Health to patients certified by a Hawaii-licensed physician or advanced practice registered nurse. The provider must have an ongoing treatment relationship with you and must determine that the potential benefits outweigh the health risks for your condition.3State of Hawaii, Department of Health. Qualifying Medical Conditions
Qualifying conditions include cancer, glaucoma, HIV/AIDS, PTSD, rheumatoid arthritis, lupus, epilepsy, and multiple sclerosis. You may also qualify if you have a condition producing severe pain, wasting, severe nausea, seizures, or persistent muscle spasms.
The registration fee is $35 for a one-year card or $70 for a two-year card. Hawaii caps the total cost of certification, including the provider’s evaluation and the card issuance fee, at $105 for one year or $210 for two.4State of Hawaii, Department of Health. Medical Cannabis Registry Program Fees
Registered patients and their caregivers may jointly possess up to four ounces of usable cannabis and cultivate up to ten plants at any one time, mature or immature. That limit is shared, not doubled. Cultivation has to happen at a specific site listed on the card, and every plant needs a legible tag with the 329 registration number and expiration date.5State of Hawaii, Department of Health. Growing Cannabis
Visiting Hawaii With an Out-of-State Medical Card
If you hold a valid medical cannabis card from another U.S. state, territory, or the District of Columbia, Hawaii will let you register for temporary dispensary access. The application is online, costs $49.50 (non-refundable), and covers up to two 60-day terms per calendar year. You can apply up to 60 days before your start date.6State of Hawaii, Department of Health. Out-of-State Patient Application
A few requirements catch travelers off guard. You need an actual government-issued medical cannabis card from your home state; a physician’s recommendation letter alone will not qualify. Your driver’s license or state ID must match the name on that card. If your home state’s card has no expiration date printed on it, you’ll need to upload supporting documentation. International patients are not eligible. Confirm that a dispensary actually operates on the island you’re visiting before paying, because the fee is non-refundable.
Where You Can and Can’t Use It
A 329 card does not let you consume in public. Hawaii’s smoke-free laws apply to medical cannabis, and the prohibited list is broad: public parks, beaches, recreation centers, youth centers, school grounds, workplaces, public buses, and moving vehicles.
Consumption is effectively limited to private residences. If your building prohibits smoking, that applies to smoked cannabis as well, though edibles, tinctures, and topicals may still be permitted depending on the building’s rules.
Hawaii gives registered patients some housing protections. A landlord cannot write a lease that allows eviction solely because a tenant holds a valid 329 card and uses medical cannabis. If the lease already prohibits tobacco smoking, though, the landlord can enforce the same restriction against smoked cannabis.7Justia Law. Hawaii Revised Statutes 521-39 – Medical Cannabis Tenant Use Eviction The same rule applies to planned community associations and condominiums: an HOA document that discriminates against a resident solely for holding a 329 card is void, unless the association prohibits tobacco smoking.8Justia Law. Hawaii Revised Statutes 421J-16 – Medical Cannabis Discrimination One gap: if a condominium or planned community’s governing documents prohibit medical cannabis use outright, the tenant eviction protections do not override those restrictions.
Hemp, CBD, and Delta-8
Hemp-derived CBD products are legal in Hawaii when they contain no more than 0.3% total THC by weight, matching the federal standard. The forms those products can take are more tightly regulated here than in most states.
Allowed: gummies, tablets, capsules, powders, softgels, gelcaps, oil-based tinctures, beverages, and topicals for skin or hair. As of January 2026, retailers selling gummies, beverages, and similar edible hemp products must hold a Certificate of Registration from the state. Oil-based tinctures and topicals do not require that retailer certificate, though the products still have to meet Hawaii’s testing and labeling rules.9Hawaii Department of Health. Retailer and Distributor Registry Frequently Asked Questions
Prohibited regardless of THC content: vape cartridges and concentrates containing cannabinoids, including CBD; foods infused with cannabinoids such as chocolate, honey, baked goods, and candies; raw hemp flower, leaf material, and pre-rolls; and any product that exceeds the state’s total THC milligram limits per serving and per container or 0.3% total THC by weight.
Delta-8 THC and delta-10 THC are not legal for sale in Hawaii. The state specifically prohibits cannabinoids created through isomerization, which is the chemical conversion used to make delta-8 and delta-10 from hemp-derived CBD. Only naturally occurring cannabinoids like CBD are permitted in hemp products.10State of Hawaii, Department of Health. Statutes and Rules
Legalization bills for recreational use have been introduced in the Hawaii legislature repeatedly but have stalled in committee. Until that changes, the medical program is the only legal path.