| Offense | Penalty | Incarceration | Max. Fine |
|---|---|---|---|
Possession |
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Personal Use |
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| Up to 3 grams* | Violation | None | $ 130 |
| More than 3 grams - less than 1 oz | Misdemeanor | 30 days | $ 1,000 |
| 1 oz - 1 lb | Misdemeanor | 1 year | $ 2,000 |
| 1 lb or more | Felony | 5 years | $ 10,000 |
| * The new law takes effect on January 11, 2020. | |||
Commercial Promotion |
|||
| 1 - 2 lbs | Felony | 5 years | $ 10,000 |
| 2 - less than 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 |
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| Less than 1 oz | Misdemeanor | 1 year | $ 2,000 |
| 1 oz - 1 lb | Felony | 5 years | $ 10,000 |
| 1 - less than 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 |
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| 25 - 50 plants | Felony | 5 years | $ 10,000 |
| 50 - less than 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 |
| 25 plants or more on another's property | Felony | 20 years | $ 50,000 |
| In a structure where a minor under 16 years is present carries additional penalty | |||
Paraphernalia |
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| 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 |
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| Vehicles and other property may be seized. | |||
Hash & Concentrates |
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Possession |
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| Less than 1/8 oz | Misdemeanor | 1 year | $ 2,000 |
| 1/8 - less than 1 oz | Felony | 10 years | $ 25,000 |
| 1 oz or more | Felony | 20 years | $ 50,000 |
Distribution |
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| Less than 1/8 oz | Felony | 10 years | $ 25,000 |
| 1/8 oz or more | Felony | 20 years | $ 50,000 |
Miscellaneous |
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| 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.
- Hawaii Rev. Stat. § 329-14(d)(20) Web Search
- Hawaii Rev. Stat. § 712-1240 Web Search
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.
- Hawaii Rev. Stat. § 706-663 Web Search
- Hawaii Rev. Stat. § 706-640 Web Search
- Hawaii Rev. Stat. §§ 712-1247 to 1249 Web Search
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 Web Search
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.
- Hawaii Rev. Stat. § 706-640 Web Search
- Hawaii Rev. Stat. §§ 706-659 to 660 Web Search
- Hawaii Rev. Stat. § 712-1247 Web Search
- Hawaii Rev. Stat. §§ 712-1249.4 to 1249.5 Web Search
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.
- Hawaii Rev. Stat. § 706-640 Web Search
- Hawaii Rev. Stat. § 706-660 Web Search
- Hawaii Rev. Stat. § 712-1249.6 Web Search
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.
- Hawaii Rev. Stat. § 706-640 Web Search
- Hawaii Rev. Stat. § 706-660 Web Search
- Hawaii Rev. Stat. § 712-1249.6 Web Search
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.
- Hawaii Rev. Stat. § 706-640 Web Search
- Hawaii Rev. Stat. §§ 706-659 to 660 Web Search
- Hawaii Rev. Stat. § 712-1247 Web Search
- Hawaii Rev. Stat. §§ 712-1249.4 to 1249.5 Web Search
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.
- Hawaii Rev. Stat. § 706-640 Web Search
- Hawaii Rev. Stat. §§ 706-659 to 660 Web Search
- Hawaii Rev. Stat. §§ 712-1249.4 to 1249.5 Web Search
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.
- Hawaii Rev. Stat. § 712-1240.5 Web Search
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
- Hawaii Rev. Stat §§ 712-1240, 1244, 1245, & 1246.5 Web Search
- Hawaii Rev. Stat § 706-640 Web Search
- Hawaii Rev. Stat § 706-659 Web Search
- Hawaii Rev. Stat § 706-660 Web Search
- Hawaii Rev. Stat § 706-663 Web Search
- State v. Choy, 661 P.2d 1206 (Haw. Int. Ct. App. 1983). Web Search
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.
- Hawaii Rev. Stat. § 329-43.5 Web Search
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.
- Hawaii Rev. Stat. § 712-1255 Web Search
- Hawaii Rev. Stat. § 706-622.5 Web Search
Terms of imprisonment for felonies may increase if the offender has prior felony convictions or other conditions are met.
- Hawaii Rev. Stat. § 706-662 Web Search
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.
- Hawaii Rev. Stat. § 329-55 Web Search
- Hawaii Rev. Stat. § 712A Web Search
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.
- Hawaii Rev. Stat. § 706-640 Web Search
- Hawaii Rev. Stat. §§ 706-659 to 660 Web Search
- Hawaii Rev. Stat. § 712-1249.7 Web Search
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.
- Hawaii Rev. Stat. § 712-1251 Web Search
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) Web Search
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.