Hawaii Laws and Penalties

OffensePenaltyIncarceration  Max. Fine  

Possession

Personal Use

Up to 3 grams*ViolationNone$ 130
More than 3 grams - less than 1 ozMisdemeanor30 days$ 1,000
1 oz - 1 lbMisdemeanor1 year$ 2,000
1 lb or moreFelony5 years$ 10,000
* The new law takes effect on January 11, 2020.

Commercial Promotion

1 - 2 lbsFelony5 years$ 10,000
2 - less than 25 lbsFelony10 years$ 25,000
25 lbs or moreFelony20 years$ 50,000
Within 750 feet of school grounds or a park, or on or within 10 feet of a parked school vehicleFelony5 years$ 10,000

Sale or Delivery

Less than 1 ozMisdemeanor1 year$ 2,000
1 oz - 1 lbFelony5 years$ 10,000
1 - less than 5 lbsFelony10 years$ 25,000
5 lbs or moreFelony20 years$ 50,000
Within 750 feet of school grounds or a park, or on or within 10 feet of a parked school vehicleFelony5 years$ 10,000

Cultivation

25 - 50 plantsFelony5 years$ 10,000
50 - less than 100 plantsFelony10 years$ 25,000
100 plants or moreFelony20 years$ 50,000
Less than 25 plants on another's propertyFelony10 years$ 25,000
25 plants or more on another's propertyFelony20 years$ 50,000
In a structure where a minor under 16 years is present carries additional penalty

Paraphernalia

Use, possession or sale of paraphernaliaFelony5 years$ 10,000
Delivery to a minor at least 3 years juniorFelony10 years$ 25,000

Forfeiture

Vehicles and other property may be seized.

Hash & Concentrates

Possession

Less than 1/8 ozMisdemeanor1 year$ 2,000
1/8 - less than 1 ozFelony10 years$ 25,000
1 oz or moreFelony20 years$ 50,000

Distribution

Less than 1/8 ozFelony10 years$ 25,000
1/8 oz or moreFelony20 years$ 50,000

Miscellaneous

Promoting through a minorFelony10 years$ 25,000
Within school grounds, school vehicles, or a public parkFelony20 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.

Possession for Personal Use

* Possession of 3 grams or less of marijuana is a violation punishable by a fine of $130.

* HI’s measure 1383 became law on July 9, 2019 absent the Governor’s signature. The new law took effect on January 11, 2020.

Possession of more than 3 grams but 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. Possession of 1 pound or more, of marijuana is a Class C felony punishable by up to 5 years imprisonment and/or a fine of up to $10,000.

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:

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.

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.

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.

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

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.

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.

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.

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.

Hash & Concentrates

All Marijuana, including Marijuana Concentrates, is classfied as Schedule I under Hawaii law. 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

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.

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.

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

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.

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.

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.

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:

More Information

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.

Decriminalization

The state has decriminalized marijuana to some degree. Typically, decriminalization means no prison time or criminal record for first-time possession of a small amount for personal consumption. The conduct is treated like a minor traffic violation.

Drugged Driving

Every state criminalizes driving under the influence of a controlled substance. Some jurisdictions also impose additional per se laws. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have a detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids above a specific, state-imposed threshold. Read further information about cannabinoids and their impact on psychomotor performance. Additional information regarding cannabinoids and proposed per se limits is available online.

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.