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 | 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 |
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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 | 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 |
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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 |
Any amount to a minor | 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
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
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.
Legalization
Generally, legalization means a policy that supports a legally controlled market for marijuana, where consumers can buy marijuana for personal use from a safe legal source.
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.