In Hawaii, the drugs that are legal include prescription medications used as directed, most over-the-counter remedies, medical cannabis for patients registered through the state’s 329 program, hemp-derived CBD that stays under the federal THC limit, alcohol and tobacco for anyone 21 or older, and kratom. Recreational marijuana, delta-8 and other synthetically converted cannabinoids, psilocybin, MDMA, and most other controlled substances remain illegal under state and federal law. The framework comes from the Hawaii Uniform Controlled Substances Act (HRS Chapter 329) and the federal Controlled Substances Act, which sort drugs into five schedules based on medical value and abuse potential.
Prescription Medications
Controlled prescription drugs in Hawaii follow the federal five-schedule system. Schedule I substances have no accepted medical use and cannot be prescribed at all. Schedules II through V can be prescribed, with Schedule II facing the tightest controls: no refills, written prescriptions only (except for genuine emergencies, and only in limited quantities), and a required check of Hawaii’s Prescription Drug Monitoring Program before a Schedule II through IV prescription is written.1Hawaii Department of Public Safety. Hawaii Revised Statutes Chapter 329 – Uniform Controlled Substances Act2Hawaii Department of Public Safety. Hawaii Prescription Drug Monitoring Program Frequently Asked Questions
Telehealth prescribing of controlled substances is currently permitted without a prior in-person visit. Through December 31, 2026, the DEA and HHS have extended COVID-era flexibilities that let a DEA-registered provider prescribe Schedule II through V controlled substances via telehealth, as long as federal conditions are met.3Telehealth.HHS.gov. Prescribing Controlled Substances via Telehealth Those rules could shift after that date, so anyone relying on a telehealth prescription for a controlled drug should watch for updates heading into 2027.
Over-the-Counter Drugs
Most common OTC medications, like pain relievers, antihistamines, and cold remedies, are sold freely at pharmacies, grocery stores, and convenience shops. The FDA sets the national standards, and the Hawaii Department of Health enforces local rules on top of them.
Pseudoephedrine is the main exception. Products containing it must be kept behind the counter or in a locked case. To buy one, you have to show a valid government-issued photo ID, and the retailer logs the transaction electronically with your name, the date, and the quantity. Federal limits cap purchases at 3.6 grams per day and 9 grams over any 30-day period.4Justia Law. Hawaii Code 329-75 – Sales of Products, Mixtures, or Preparations Containing Pseudoephedrine The restrictions exist because pseudoephedrine is a precursor in methamphetamine production.
Dextromethorphan (DXM), the cough-suppressant ingredient in many syrups and tablets, has drawn attention over recreational misuse at high doses. Some retailers voluntarily ask for age verification, though Hawaii has no clearly codified statewide DXM rule comparable to pseudoephedrine.
Medical Cannabis
Hawaii legalized medical cannabis in 2000 and authorized a licensed dispensary system in 2015. The Department of Health runs the Medical Cannabis Registry Program, which handles patient registration, caregiver approvals, and dispensary oversight.5Hawaii Department of Health. Medical Cannabis Registry
Who Qualifies
To register, you need a Hawaii-licensed physician or advanced practice registered nurse to certify a qualifying condition. The list includes cancer, glaucoma, epilepsy, PTSD, HIV/AIDS, multiple sclerosis, lupus, ALS, rheumatoid arthritis, and any chronic or debilitating condition that produces severe pain, severe nausea, cachexia, seizures, or persistent muscle spasms.6State of Hawaii Department of Health. Qualifying Debilitating Medical Conditions Once certified, the patient applies for a 329 Registration Card through the state’s online portal.
Limits and Dispensary Rules
A registered patient may possess up to four ounces of usable cannabis at a time and cultivate up to ten plants at a registered grow site, with each plant tagged to the patient’s registration number. Licensed dispensaries sell tinctures, capsules, topicals, and concentrates. Edibles like gummies and baked goods are not sold at Hawaii dispensaries. All dispensary products must pass lab testing for contaminants before reaching shelves.
One rule catches people off guard: registered patients and caregivers cannot transport cannabis between the Hawaiian islands.7State of Hawaii Department of Health. Medical Cannabis Use and Restrictions A patient flying from Oahu to Maui has to buy from a dispensary on the destination island.
Recreational Cannabis Is Still Illegal
Recreational marijuana remains illegal in Hawaii. Several legalization bills have been introduced over the years, and as of early 2026 the Senate is considering Senate Bill 3275, which would legalize “low-dose and low-potency” cannabis (no more than 5 milligrams of THC per serving) for adults 21 and older starting January 1, 2027. The bill has not passed, and the House has blocked similar efforts before.
Possessing cannabis without a 329 card is a crime. Penalties scale with amount:
- Any amount without a registration card: petty misdemeanor under HRS 712-1249.
- One ounce or more: misdemeanor under HRS 712-1248.
- Cultivation of 25 to 49 plants: Class C felony under HRS 712-1247.
- Large-scale commercial activity (25+ pounds, 100+ plants, or distribution of 5+ pounds): Class A felony under HRS 712-1249.4.
A visitor who legally bought cannabis in another state and brings it to Hawaii is committing a crime under both state and federal law.
Hemp and CBD
Hemp-derived CBD is legal in Hawaii as long as it contains no more than 0.3% delta-9 THC, matching the federal definition of hemp under the 2018 Farm Bill. Retailers must register with the state, and products must be lab-tested and labeled with cannabinoid content. Health claims on packaging are prohibited unless substantiated.
Two restrictions set Hawaii apart. Synthetically converted cannabinoids like delta-8 and delta-10 THC are banned; the state’s interim rules prohibit cannabinoids created through isomerization, the chemical process that converts CBD into delta-8 and similar compounds. Hemp-infused foods and drinks are also prohibited, meaning no CBD gummies, baked goods, or bottled beverages. Hemp cannabinoids are allowed only in tablet, capsule, powder, softgel, or liquid oil form.8Hawaii Department of Health. Statutes and Rules
Kratom and Psychedelics
Kratom is legal in Hawaii. The state has not passed any law restricting its sale or possession, and it is sold at supplement stores and smoke shops. It is unregulated at both the state and federal level, so there are no standardized purity or dosage requirements.
Psilocybin, MDMA, and other psychedelics are Schedule I controlled substances in Hawaii and are illegal to possess, sell, or use. A Senate bill has moved to create a task force to study therapeutic access, but no decriminalization or legalization has been enacted.
Alcohol
The legal drinking age is 21. Anyone 18 to 20 caught possessing or consuming alcohol faces a petty misdemeanor charge, a mandatory 180-day driver’s license suspension, 75 hours of community service, and an 8-to-12-hour alcohol education program. Minors under 18 go through family court with similar suspension and service requirements.9Justia Law. Hawaii Revised Statutes 281-101.5 – Prohibitions Involving Minors; Penalty
Open containers are banned in public spaces and in vehicles. Drinking on beaches, in parks, or on the street is illegal statewide. In a vehicle, a driver or passenger caught consuming alcohol or holding an open container can face up to 30 days in jail, a fine of up to $2,000, and a mandatory $250 payment to the state’s Drug Demand Reduction Assessment fund.10Justia Law. Hawaii Revised Statutes 291-3.1 – Consuming or Possessing Intoxicating Liquor While Operating a Motor Vehicle
A first DUI conviction carries a minimum 14-hour substance abuse rehabilitation program, license revocation for one to eighteen months, and mandatory installation of an ignition interlock device during the revocation. The court also imposes at least one of the following: 72 hours of community service, 48 hours to five days in jail, or a fine between $250 and $1,000, plus surcharges of up to $50 for the state’s neurotrauma and trauma system funds.11Justia Law. Hawaii Revised Statutes 291E-61 – Operating a Vehicle Under the Influence of an Intoxicant Repeat offenses escalate significantly.
Tobacco and Vapes
Hawaii was the first state to raise the legal purchase age for tobacco to 21, effective January 1, 2016.12State of Hawaii Department of Health. Retail Sales of Tobacco Products The age limit covers cigarettes, cigars, smokeless tobacco, and electronic nicotine delivery systems including vapes and e-cigarettes. Retailers must verify age with a valid photo ID.
Smoking is banned in all enclosed or partially enclosed public spaces, including restaurants, bars, nightclubs, hotels, retail stores, airports (from curb to cabin), workplaces, bowling alleys, and common areas in apartment buildings and condominiums.13Justia Law. Hawaii Revised Statutes 328J-3 – Prohibition in Enclosed or Partially Enclosed Places Open to the Public Electronic smoking devices fall under the same rules, and county ordinances may add outdoor restrictions.
Penalties for Illegal Drug Possession
Hawaii classifies most Schedule I and Schedule II controlled substances as “dangerous drugs” and uses a three-tier penalty structure based on type and quantity:
- Third degree (Class C felony): possessing any amount of a dangerous drug. One to five years in prison and a fine of up to $10,000.14Justia Law. Hawaii Revised Statutes 712-1243 – Promoting a Dangerous Drug in the Third Degree
- Second degree (Class B felony): 25 or more dosage units, one-eighth ounce or more of methamphetamine, heroin, morphine, fentanyl, or cocaine, or one-fourth ounce or more of any other dangerous drug. Five to ten years and a fine of up to $25,000.
- First degree (Class A felony): one ounce or more of methamphetamine, heroin, morphine, or cocaine, or one and a half ounces of any other dangerous drug. Distributing to a minor also triggers first-degree charges. Up to twenty years and a fine of up to $50,000.15Justia Law. Hawaii Revised Statutes 712-1241 – Promoting a Dangerous Drug in the First Degree
Paraphernalia charges can stack on top. Under HRS 329-43.5, possessing or delivering drug paraphernalia intended for use with a controlled substance is a Class C felony. Delivering paraphernalia to a minor at least three years younger than the adult bumps it to a Class B felony.
Bringing Medications or Cannabis Into Hawaii
When flying in with prescription medications, keep them in their original labeled containers and bring a copy of the prescription or a letter from your doctor. Controlled substances can be transported if prescribed to you and in quantities consistent with personal use. TSA screening focuses on security, but improperly labeled drugs can trigger questions.
Cannabis is different. Marijuana remains illegal under federal law, and air travel is federal jurisdiction. TSA does not permit marijuana, including medical marijuana, on flights. Even inter-island travel with medical cannabis is prohibited under Hawaii law.7State of Hawaii Department of Health. Medical Cannabis Use and Restrictions A mainland medical cannabis card gives you no legal protection in Hawaii and will not get you into a Hawaii dispensary; only patients registered through the state’s own 329 program can legally purchase and possess cannabis here.