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	Petty Misdemeanor	30 days	$ 1,000
1 oz - 1 lb	Misdemeanor	1 year	$ 2,000
1 lb or more	Felony	5 years	$ 10,000
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	Violation	None	$ 500
Advertising in publication to promote sale	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
Any amount to a minor	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

Possession for Personal Use

Possession of three 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 law took effect on January 11, 2020.

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

• Hawaii Rev. Stat. § 712-1249
• Hawaii Rev. Stat. § 712-1248
• Hawaii Rev. Stat. § 712-1247

Possession with Intent to Distribute

Possession of one pound or more but less than two pounds is a felony punishable by up to five years in prison and/or $10,000 fine. Possession of two pounds or more but less than 25 pounds is a felony punishable by up to 10 years in prison and/or $25,000 fine. Possession of 25 pounds or more is 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 five years in prison and/or $10,000 fine.

• Hawaii Rev. Stat. § 712-1247
• Hawaii Rev. Stat. § 712-1249.5
• Hawaii Rev. Stat. § 712-1249.4
• Hawaii Rev. Stat. § 712-1249.6

Sale/Delivery

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

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 five years in prison and/or $10,000 fine.

• Hawaii Rev. Stat. § 712-1247
• Hawaii Rev. Stat. § 712-1249.5
• Hawaii Rev. Stat. § 712-1249.4
• Hawaii Rev. Stat. § 712-1249.6

Cultivation

Cultivation of 25 or more but less than 50 marijuana plants is a felony punishable by up to five years in prison and/or $10,000 fine. Cultivation of 50 or more but less than 100 plants is a felony punishable by 10 years in prison and/or $25,000 fine. Cultivation of 100 or more marijuana plants is 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 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 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 two 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 five years.

• Hawaii Rev. Stat. § 712-1247
• Hawaii Rev. Stat. § 712-1249.5
• Hawaii Rev. Stat. § 712-1249.4

Hash & Concentrates

Possession of less than 1/8 ounce of marijuana concentrates is a misdemeanor punishable by one year incarceration and a maximum fine of $2,000.

Possession of more than 1/8 ounce of concentrates, but less than one ounce is a felony punishable by 10 years incarceration and a maximum fine of $25,000.

Possession of one ounce or more is a felony punishable by 20 years incarceration and a maximum fine of $50,000.

Paraphernalia

Use or possession of paraphernalia is a violation punishable by maximum fine of $500. Delivery of paraphernalia by a person 18 years or older to a minor at least threee years their junior is a felony punishable by up to 10 years imprisonment and/or a $25,000 fine. Advertising in publication to promote sale is a felony punishable by up to five years in prison and/or a $10,000 fine.

• Hawaii Rev. Stat. § 329-43.5(a)-(b)
• Hawaii Rev. Stat. § 329-43.5(c)
• Hawaii Rev. Stat. § § 329-43.5(d)

More Information