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Hawaii Laws & Penalties

Offense Penalty Incarceration   Max. Fine  

Possession

Personal Use

Less than 1 oz misdemeanor 30 days $ 1,000
1 oz - 1 lb misdemeanor 1 year $ 2,000

With intent to distribute

1 - 2 lbs felony 5 years $ 10,000
2 - 25 lbs felony 10 years $ 25,000
25 lbs or more felony 20 years $ 50,000
Within 750 feet of school grounds or a park, or on or within 10 feet of a parked school vehicle felony 5 years $ 10,000

Sale or Delivery

Less than 1 oz misdemeanor 1 year $ 2,000
1 oz - 1 lb felony 5 years $ 10,000
1 - 5 lbs felony 10 years $ 25,000
5 lbs or more felony 20 years $ 50,000
Within 750 feet of school grounds or a park, or on or within 10 feet of a parked school vehicle felony 5 years $ 10,000

Cultivation

25 - 50 plants felony 5 years $ 10,000
50 - 100 plants felony 10 years $ 25,000
100 plants or more felony 20 years $ 50,000
Less than 25 plants on another's property felony 10 years $ 25,000
More than 25 plants on another's property felony 20 years $ 50,000
In a structure where a minor under 16 years is present carries additional penalty

Paraphernalia

Use, possession or sale of paraphernalia felony 5 years $ 10,000
Delivery to a minor at least 3 years junior felony 10 years $ 25,000

Forfeiture

Vehicles and other property may be seized.

Hash & Concentrates

Possession misdemeanor 1 year $ 2,000
Distribution felony 10 years $ 25,000

Miscellaneous

Promoting through a minor felony 10 years $ 25,000
Within school grounds, school vehicles, or a public park felony 20 years $ 50,000
Discovery of marijuana in a vehicle may result in each occupant being charged with possession.

Penalty Details

Marijuana is a Schedule I hallucinogenic substance under the Hawaii Uniform Controlled Substances Act. It is also listed as a detrimental drug. Marijuana concentrates (e.g., hashish) are considered harmful drugs.

See:

  • Hawaii Rev. Stat. § 329-14(d)(20)
  • Hawaii Rev. Stat. § 712-1240
  • Hawaii Rev. Stat. § 712-1255

Possession for Personal Use

Possession of less than 1 ounce of marijuana is a petty misdemeanor punishable by up to 30 days imprisonment and/or a fine of $1,000. Possession of 1 ounce or more but less than 1 pound is a misdemeanor punishable by up to 1 year imprisonment and/or a $2,000 fine.

See:

  • Hawaii Rev. Stat. § 706-663
  • Hawaii Rev. Stat. § 706-640
  • Hawaii Rev. Stat. §§ 712-1248 to 1249

Discovery of marijuana in a vehicle may result in each occupant being charged with possession unless the marijuana was found on an occupant's person or was in a compartment accessible only by occupants of that seat.

See:

  • Hawaii Rev. Stat. § 712-1251

Possession with Intent to Distribute

Possession of 1 pound or more but less than 2 pounds is a class C felony punishable by up to 5 years in prison and/or $10,000 fine. Possession of 2 pounds or more but less than 25 pounds is a class B felony punishable by up to 10 years in prison and/or $25,000 fine. Possession of 25 pounds or more is a class A felony punishable by 20 years in prison and/or $50,000 fine.

See:

  • Hawaii Rev. Stat. § 706-640
  • Hawaii Rev. Stat. §§ 706-659 to 660
  • Hawaii Rev. Stat. § 712-1247
  • Hawaii Rev. Stat. §§ 712-1249.4 to 1249.5

Possession with intent to distribute any amount of marijuana within 750 feet of school grounds or a park, or on or within 10 feet of a parked school vehicle is a class C felony punishable by up to 5 years in prison and/or $10,000 fine.

See:

  • Hawaii Rev. Stat. § 706-640
  • Hawaii Rev. Stat. § 706-660
  • Hawaii Rev. Stat. § 712-1249.6

Sale/Delivery

Distribution of less than 1 ounce of marijuana is a misdemeanor punishable by up to 1 year imprisonment and/or a $2,000 fine. Distribution of 1 ounce or more but less than 1 pound is a class C felony punishable by up to 5 years in prison and/or $10,000 fine. Distribution of 1 pound or more but less than 5 pounds is a class B felony punishable by 10 years in prison and a $25,000 fine. Distribution of 5 pounds or more of marijuana is a class A felony punishable by 20 years in prison and a $50,000 fine.

See:

  • Hawaii Rev. Stat. § 706-640
  • Hawaii Rev. Stat. §§ 706-659 to 660
  • Hawaii Rev. Stat. §§ 712-1247 to 1248
  • Hawaii Rev. Stat. §§ 712-1249.4 to 1249.5

Distribution any amount of marijuana within 750 feet of school grounds or a park, or on or within 10 feet of a parked school vehicle is a class C felony punishable by up to 5 years in prison and/or $10,000 fine.

See:

  • Hawaii Rev. Stat. § 706-640
  • Hawaii Rev. Stat. § 706-660
  • Hawaii Rev. Stat. § 712-1249.6

Cultivation

Cultivation of 25 or more but less than 50 marijuana plants is a class C felony punishable by up to 5 years in prison and/or $10,000 fine. Cultivation of 50 or more but less than 100 plants is a class B felony punishable by 10 years in prison and/or $25,000 fine. Cultivation of 100 or more marijuana plants is a class A felony punishable by 20 years in prison and/or $50,000 fine.

See:

  • Hawaii Rev. Stat. § 706-640
  • Hawaii Rev. Stat. §§ 706-659 to 660
  • Hawaii Rev. Stat. § 712-1247
  • Hawaii Rev. Stat. §§ 712-1249.4 to 1249.5

Cultivation of less than 25 marijuana plants on another's property without their permission is a class B felony punishable by 10 years in prison and/or $25,000 fine. Cultivation of 25 or more plants on another's property without their permission is a class A felony punishable by 20 years in prison and/or $50,000 fine.

See:

  • Hawaii Rev. Stat. § 706-640
  • Hawaii Rev. Stat. §§ 706-659 to 660
  • Hawaii Rev. Stat. §§ 712-1249.4 to 1249.5

Cultivation in a structure where the individual knows a person under the age of 16 years old is present results in an additional 2 years imprisonment on top of the sentence for cultivation. However, if the cultivation occurred in a structure where an individual 18 years old or younger was present and the cultivation causes substantial bodily injury to the minor, then the additional imprisonment will be a term of 5 years.

See:

  • Hawaii Rev. Stat. § 712-1240.5

Hash & Concentrates

All Marijuana, including Marijuana Concentrates, is classfied as Schedule I under Hawaii law. Marijuana is classified a "detrimental drug", whereas Marijuana Concentrates are classified as a "harmful drug". Under Hawaiian law, hashish, tetrahydrocannabinol, and any other salt, alkaloid, mixture, compound or derivative of marijuana qualifies as a Marijuana Concentrate. Cases applying this statute have determined that Marijuana Concentrates charges should only be brought when the compound in question contains THC but does not have the outward appearance of any part of the Marijuana plant. Case law has also confirmed that there is no minimum threshold of THC content required to classify a compound as a Concentrate, even if the THC content of the compound is less than the average for plant Marijuana.

Promoting a Harmful Drug 1st Degree
• Class A Felony, up to 20 years imprisonment and a fine not exceeding $50,000
• Possession of 1 ounce or more of Marijuana Concentrates or
• Distribution of 1/8 ounce or more of Marijuana Concentrates or
• Distribution of Marijuana Concentrates to a minor in any amount

Promoting a Harmful Drug 2nd Degree
• Class B Felony, up to 10 years imprisonment and a fine not exceeding $25,000
• Possession of 1/8 ounce or more of Marijuana Concentrates or
• Distribution of any amount of Marijuana Concentrates

Promoting a Harmful Drug 4th Degree
• Misdemeanor, up to 1 year imprisonment and a fine not exceeding $2000
• Possession of any amount of Marijuana concentrates

See:

  • Hawaii Rev. Stat § 712-1240
  • Hawaii Rev. Stat § 712-1244
  • Hawaii Rev. Stat § 712-1245
  • Hawaii Rev. Stat § 712-1246.5
  • Hawaii Rev. Stat § 706-640
  • Hawaii Rev. Stat § 706-659
  • Hawaii Rev. Stat § 706-660
  • Hawaii Rev. Stat § 706-663
  • State v. Choy, 661 P.2d 1206 (Haw. Int. Ct. App. 1983).

Paraphernalia

Use or possession of paraphernalia is a class C felony punishable by up to 5 years in prison and/or a $10,000 fine. Sale or manufacture of paraphernalia is also a class C felony. Delivery of paraphernalia by a person 18 years or older to a minor at least 3 years their junior is a class B felony punishable by up to 10 years imprisonment and/or a $25,000 fine.

See:

  • Hawaii Rev. Stat. § 329-43.5

Sentencing

First time offenders who have plead or been found guilty of certain possession or distribution charges are eligible for suspended judgment and probation. Upon completion of the terms of the probation, the court shall discharge the offender and dismiss the proceedings against him. There may only be 1 discharge and dismissal for each person. Additionally, first time offenders for paraphernalia or possession charges are eligible for probation if they are non-violent, in need of substance abuse treatment, and have submitted a proposal to the court for treatment.

See:

  • Hawaii Rev. Stat. § 712-1255
  • Hawaii Rev. Stat. § 706-622.5

Terms of imprisonment for felonies may increase if the offender has prior felony convictions or other conditions are met.

See:

  • Hawaii Rev. Stat. § 706-662

Forfeiture

Vehicles and other property may be seized for controlled substance violations. Seizures of property may be made on probable cause that they are subject to forfeiture or by the rules of civil procedure. The seizing agency has 20 days to give notice to all parties who have an interest in the property. They have 30 days to notify the prosecuting attorney, who has 45 days to initiate the forfeiture proceedings. A prosecuting attorney may instead file administrative forfeiture proceedings.

See:

  • Hawaii Rev. Stat. § 329-55
  • Hawaii Rev. Stat. § 712A

Miscellaneous

Promoting a controlled substance through a minor

Any person who uses an individual under the age of 18 to facilitate the distribution of a controlled substance is guilty of a class B felony punishable by B felony punishable by 10 years in prison and/or $25,000 fine, unless the offense occurred on or within school grounds, school vehicles, or a public park, in which case it is a class A felony punishable by 20 years in prison and/or $50,000 fine.

See:

  • Hawaii Rev. Stat. § 706-640
  • Hawaii Rev. Stat. §§ 706-659 to 660
  • Hawaii Rev. Stat. § 712-1249.7
Possession in a motor vehicle

Discovery of marijuana in a vehicle may result in each occupant being charged with possession unless the marijuana was found on an occupant person or was in a compartment accessible only by occupants of that seat.

See:

  • Hawaii Rev. Stat. § 712-1251
Driver's license of commercial driver

Shall revoke the license of a commercial driver if convicted of the unlawful transportation, possession, or use of a controlled substance while on duty.

See:

  • Hawaii Rev. Stat. §286-240(6)
Conditional Release

The state allows conditional release or alternative or diversion sentencing for people facing their first prosecutions. Usually, conditional release lets a person opt for probation rather than trial. After successfully completing probation, the individual's criminal record does not reflect the charge.

Hemp

This state has an active hemp industry or has authorized research. Hemp is a distinct variety of the plant species cannabis sativa L. that contains minimal (less than 1%) amounts of tetrahydrocannabinol (THC), the primary psychoactive ingredient in marijuana. Various parts of the plant can be utilized in the making of textiles, paper, paints, clothing, plastics, cosmetics, foodstuffs, insulation, animal feed, and other products. For more information see NORML's Industrial Use section.

Medical Marijuana

This state has medical marijuana laws enacted. Modern research suggests that cannabis is a valuable aid in the treatment of a wide range of clinical applications. These include pain relief, nausea, spasticity, glaucoma, and movement disorders. Marijuana is also a powerful appetite stimulant and emerging research suggests that marijuana's medicinal properties may protect the body against some types of malignant tumors, and are neuroprotective. For more information see NORML's Medical Marijuana section.







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