Marijuana laws in Hawaii allow medical cannabis for registered patients but prohibit recreational use. Possession of three grams or less without a medical card is a civil violation with a $130 fine, but anything more becomes a criminal offense that climbs from petty misdemeanor to felony as the weight increases. The medical program, governed by Chapter 329 of the Hawaii Revised Statutes, lets qualifying patients buy from licensed dispensaries, grow a limited number of plants at home, and claim certain protections against discrimination.
Penalties for Possession Without a Medical Card
Hawaii treats cannabis possession as a criminal matter once you cross three grams. Below that line, it’s a civil ticket. The weight tiers:
- Three grams or less: civil violation, $130 fine, no jail, no criminal record.1Justia. Hawaii Code 712-1249 – Promoting a Detrimental Drug in the Third Degree
- More than three grams but less than one ounce: petty misdemeanor, up to 30 days in jail and a fine up to $1,000.1Justia. Hawaii Code 712-1249 – Promoting a Detrimental Drug in the Third Degree
- One ounce to less than one pound: misdemeanor, up to one year in jail and a fine up to $2,000.2Justia. Hawaii Code 712-1248 – Promoting a Detrimental Drug in the Second Degree
- One pound or more: Class C felony, up to five years in prison and a fine up to $10,000.3FindLaw. Hawaii Code 712-1247 – Promoting a Detrimental Drug in the First Degree
- Two pounds or more: Class B felony (commercial promotion), up to ten years in prison and a fine up to $25,000.
Cultivation without a medical registration follows the same escalating logic. Growing 25 or more plants is a Class C felony, and 50 or more plants is a Class B felony.3FindLaw. Hawaii Code 712-1247 – Promoting a Detrimental Drug in the First Degree
Selling vs. Giving It Away
The distinction between selling and distributing is where people get caught off guard. Any sale, in any amount, is a felony. But giving cannabis away without payment, say handing a friend a joint, starts at the misdemeanor level for small amounts.
- Distributing less than one ounce (no payment): misdemeanor, up to one year in jail and a fine up to $2,000.2Justia. Hawaii Code 712-1248 – Promoting a Detrimental Drug in the Second Degree
- Distributing one ounce or more: Class C felony, up to five years in prison and a fine up to $10,000.3FindLaw. Hawaii Code 712-1247 – Promoting a Detrimental Drug in the First Degree
- Distributing one pound or more: Class B felony, up to ten years in prison and a fine up to $25,000.
- Selling or bartering any amount: Class C felony, up to five years in prison and a fine up to $10,000.3FindLaw. Hawaii Code 712-1247 – Promoting a Detrimental Drug in the First Degree
Accepting money for the same joint that would have been a misdemeanor as a gift turns the act into a felony.
Driving Under the Influence
Impaired driving involving cannabis falls under Hawaii’s general operating-under-the-influence statute, and a 329 Card is not a defense. A first offense carries mandatory penalties with no probation available:
- License revocation for at least one year and up to 18 months
- Mandatory ignition interlock device during the revocation period
- A 14-hour minimum substance abuse rehabilitation program
- One of: 72 hours of community service, 48 hours to five days in jail, or a fine between $250 and $1,000
- A $25 surcharge for the neurotrauma special fund
Drivers classified as highly intoxicated face an additional mandatory 48 consecutive hours of imprisonment and an extended revocation period of at least 18 months.4Justia. Hawaii Code 291E-61 – Operating a Vehicle Under the Influence of an Intoxicant Repeat offenses within ten years carry significantly steeper penalties, including longer jail terms and multi-year license revocations.
Who Qualifies for Medical Cannabis
Hawaii’s qualifying-condition list is broader than many patients realize. You can qualify through a named diagnosis or through symptoms produced by any chronic or debilitating condition.
Named conditions include cancer, glaucoma, HIV/AIDS, PTSD, epilepsy, multiple sclerosis, lupus, rheumatoid arthritis, and ALS. The symptom-based pathway covers any chronic or debilitating condition (or its treatment) that produces severe pain, severe nausea, cachexia or wasting syndrome, seizures, or severe and persistent muscle spasms.5State of Hawaii Department of Health. Qualifying Debilitating Medical Conditions Most patients come in through the symptom route rather than a named diagnosis.
The process begins with a certifying visit to a licensed physician or advanced practice registered nurse, who confirms the diagnosis and attests that the potential benefits outweigh the health risks for your situation.6Justia. Hawaii Code 329-122 – Medical Use of Cannabis; Conditions of Use Patients under 18 need written consent from a parent or legal guardian, who must also agree to serve as the patient’s primary caregiver.
After the certification, you apply online through the state’s Medical Cannabis Registry at medmj.ehawaii.gov. The Department of Health fee is $35 for a one-year card or $70 for a two-year card.7State of Hawaii Department of Health. Medical Cannabis Registry Program – Fees The physician evaluation itself runs separately, typically $100 to $400.
What Registered Patients Can Possess, Grow, and Buy
A registered patient and caregiver together may possess up to four ounces of usable cannabis at any time. That cap covers flower, oils, and the cannabis content of manufactured products. The same patient-caregiver pair may grow up to ten plants, immature or mature.8Justia. Hawaii Code 329-121 – Definitions
Home cultivation requires a declared grow site matching the address on your 329 Card. The grow area must be enclosed, secured, and not visible to the public. Every plant needs a legible tag showing your registration number and card expiration date.
Dispensary purchases cap at four ounces per rolling 15-day period or eight ounces per rolling 30-day period, whichever you hit first.9Justia. Hawaii Code 329D-13 – Dispensing Limits You can buy at any licensed location in the state, but your totals aggregate across all of them. Bring your active 329 Card and a government-issued photo ID to any purchase. Available products include flower, edibles, topicals (ointments, lotions, transdermal patches), and inhalable products such as pre-filled sealed containers for oral aerosolization, approved vaporizer devices, and pre-rolls.10Cornell Law School Legal Information Institute. Haw. Code R. 11-850-72 – Manufactured Cannabis Products
Where You Can and Cannot Use It
A 329 Card does not authorize cannabis use just anywhere. The statute prohibits use in any moving vehicle (including buses), workplaces, school grounds, public parks, public beaches, recreation centers, youth centers, and any other place open to the public.6Justia. Hawaii Code 329-122 – Medical Use of Cannabis; Conditions of Use That effectively limits legal consumption to a private residence.
You can transport cannabis through public places, but it must stay in a sealed container, out of public view, and cannot be opened or consumed during transport.6Justia. Hawaii Code 329-122 – Medical Use of Cannabis; Conditions of Use A trunk or closed bag is the simplest compliance.
Visitors From Other States
Hawaii is one of the few states that registers out-of-state patients. If you hold a valid, unexpired medical cannabis card from another state, U.S. territory, or the District of Columbia, you can apply for temporary registration lasting up to 60 days, renewable once for another 60 days. The Department of Health will not register you beyond your home-state card’s expiration.11FindLaw. Hawaii Code 329-123.5 – Out-of-State Patient Registration
You’ll need your home-state card (it must carry an explicit expiration date), a photo ID from the same jurisdiction, and an attestation that your condition qualifies under Hawaii’s definitions. Applications open 60 days before your intended start date, and you can register no more than twice per calendar year.12Hawaii Department of Health. Medical Cannabis Registry Cards from private cannabis evaluation services are not accepted; only state- or territory-issued cards qualify.
Patient Protections, and One Significant Gap
Hawaii law bars landlords from refusing to lease to you, and schools from refusing to enroll you, solely because you are a registered medical cannabis patient or caregiver. You claim the protection by presenting your 329 Card along with photo ID.13Justia. Hawaii Code 329-125.5 – Medical Cannabis Patient and Caregiver Protections Any lease clause that permits eviction simply because a tenant holds a valid 329 Card is void and unenforceable.
Two exceptions apply on the housing side. A lease that already bans tobacco smoking can be enforced against smoked cannabis too, and condominium or planned community associations may prohibit medical cannabis use through their governing documents.14Justia. Hawaii Code 521-39 – Medical Cannabis; Tenant Protections
Employment is the gap. Hawaii currently provides no employment protections for medical cannabis patients. Employers can drug-test, and a positive cannabis result can be grounds for termination or refusal to hire even if you hold a valid 329 Card and have never used cannabis at work. Legislative proposals to change this, including HB 325, which would bar employers from discriminating based on registry status or a positive test, have been introduced but had not been enacted as of 2026.