Hawaii Laws and Penalties

• Conditional Release
• Decriminalization
• Drugged Driving
• Medical Marijuana

Offense	Penalty	Incarceration	Max. Fine
Possession
Personal Use
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
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
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
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
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
Less than 1/8 oz	Felony	10 years	$ 25,000
1/8 oz or more	Felony	20 years	$ 50,000
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.

• 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

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