Adults only (18+)

Legal Status of Cannabis in Hawaii

Cannabis is not legal for recreational use in Hawaii, although the state has legalised medical cannabis and taken steps to decriminalise small amounts for personal use. Hawaii has a relatively progressive stance on cannabis compared to many other states in the US, but recreational possession, use and sale remain illegal under state law. Hawaii’s cannabis laws are shaped by both state-level policy and federal regulations, and while medical access is well established, recreational use is still considered a criminal offence. Efforts to legalise adult-use cannabis have been ongoing, but so far no legislation has passed to permit general recreational consumption.

Possession and Recreational Use

Recreational cannabis remains illegal in Hawaii. Possession of up to three grams of cannabis is classified as a non-criminal violation and may result in a fine of up to $130. This decriminalisation measure was introduced in 2020 and represents a shift away from punitive policies. However, possession of amounts greater than three grams can lead to criminal charges, ranging from misdemeanours to felonies depending on the quantity. For example, possession of over one ounce may result in up to one year in jail and a fine of up to $2,000. Sale or distribution of cannabis is treated more seriously and can lead to long-term imprisonment. Although enforcement has relaxed slightly, recreational cannabis is not permitted under current law.

Medical Cannabis in Hawaii

Hawaii legalised medical cannabis in 2000, making it one of the earliest US states to adopt such a policy. Patients with qualifying medical conditions such as cancer, glaucoma, chronic pain, epilepsy and post-traumatic stress disorder can register for the state’s Medical Cannabis Registry Program. Once registered, patients are issued a 329 card, which permits them to purchase cannabis from licensed dispensaries or cultivate a limited number of plants for personal medical use. Medical cannabis products include dried flower, tinctures, capsules and topicals, and are available from state-regulated dispensaries across the islands. Patients are allowed to possess up to four ounces of usable cannabis and may grow up to ten plants at a time.

How to Qualify for Medical Cannabis

To qualify for medical cannabis in Hawaii, patients must be certified by a registered healthcare provider and submit an application to the state Department of Health. Once approved, the patient receives their 329 card, which must be renewed annually. Only residents of Hawaii are eligible for the standard programme, although a separate process exists for out-of-state patients visiting Hawaii who hold valid medical cannabis cards from their home states. These visitors may apply for temporary approval to purchase and possess medical cannabis while in Hawaii, but must follow all state laws regarding usage, possession limits and transport.

Cannabis Cultivation at Home

Home cultivation of cannabis is allowed only for registered medical cannabis patients in Hawaii. Patients may grow up to ten plants, which must be grown in a single location and registered with the Department of Health. Plants must be grown out of public view and cannot be shared with other individuals. Cultivating cannabis without medical authorisation is illegal and may result in criminal charges. Unauthorised growing is treated as a serious offence under Hawaii state law, and penalties increase with the number of plants found or if there is evidence of intent to distribute.

CBD and Hemp Products

Hemp-derived CBD products are legal in Hawaii and widely available. These products must contain less than 0.3 percent THC and be derived from industrial hemp in accordance with federal law. CBD can be found in the form of oils, creams, edibles and supplements, and is often sold in health food shops, pharmacies and online. While CBD is not considered a controlled substance, its production and sale are regulated to ensure quality and compliance with safety standards. Consumers are advised to purchase CBD from licensed retailers and to check product labels for accurate information on THC content and origin.

Driving Under the Influence

Driving under the influence of cannabis is illegal in Hawaii and can result in arrest, fines and suspension of driving privileges. There is zero tolerance for drug-impaired driving, and police are authorised to carry out roadside sobriety tests if impairment is suspected. Blood or urine samples may also be taken to test for the presence of THC. Even medical cannabis patients are not permitted to drive while impaired, and doing so can lead to both criminal and administrative penalties. Hawaii takes road safety seriously, and impaired driving offences carry significant consequences.

Cannabis and Tourists in Hawaii

Tourists should be aware that recreational cannabis is not legal in Hawaii, even though the state has a relaxed and welcoming image. Possessing or using cannabis in public is illegal and may lead to fines or arrest. While medical cannabis is accessible to visiting patients through a temporary registration process, the recreational use of cannabis remains prohibited regardless of where the visitor is from. Transporting cannabis between islands or through airports is also illegal, as is bringing cannabis into the state from other jurisdictions. Visitors are expected to follow Hawaii’s laws, and enforcement can be strict, particularly near beaches, parks and hotels.

Misconceptions About Cannabis in Hawaii

Many people assume that cannabis is legal in Hawaii because of the state’s reputation for progressive policies and laid-back culture. However, recreational cannabis remains illegal and penalties still apply for unauthorised possession or use. Another common misconception is that tourists can freely access medical cannabis, but only patients with valid documentation and state approval can legally purchase and use cannabis for therapeutic purposes. It is also incorrect to believe that small-scale cultivation is allowed without a medical card, as unauthorised growing is treated as a criminal act.

Outlook for Cannabis Legalisation

Hawaii has seen growing political and public support for the legalisation of recreational cannabis, and several bills have been introduced in recent years. In 2023, legislation passed the state Senate that would have created a regulated adult-use market, but it did not receive final approval. Advocates continue to push for reform, and there is optimism that legalisation may eventually be achieved. Any future legal framework is expected to include strict controls, public health protections and support for local communities. Until such legislation is enacted, however, recreational cannabis remains illegal and subject to enforcement.

In Summary

Cannabis is not legal for recreational use in Hawaii, although small amounts have been decriminalised and medical cannabis is fully legal for registered patients. Adults may not use, possess or grow cannabis unless they are part of the state’s medical cannabis programme. CBD products are widely available and legal under state and federal regulations. Tourists must comply with all laws and are not permitted to bring or use cannabis recreationally. While legalisation efforts are ongoing, current laws still prohibit most forms of non-medical cannabis use in Hawaii.