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Hawaii Marijuana Laws

Senate Bill 862 (40 KB) -- Signed into law by Gov. Ben Cayetano on June 14, 2000
Approved: By House 32-18, by Senate 13-12
Effective: Dec. 28, 2000

Medical marijuana, meanwhile, is permitted in Hawaii.

Qualifying patients are permitted to possess three ounces of usable medical marijuana. Home cultivation allows no more than seven marijuana plants, of which no more than three may be mature. There are no state-licensed dispensaries. 

Removes state-level criminal penalties on the use, possession and cultivation of marijuana by patients who possess a signed statement from their physician affirming that he or she suffers from a debilitating condition and that the "potential benefits of medical use of marijuana would likely outweigh the health risks." The law establishes a mandatory, confidential state-run patient registry that issues identification cards to qualifying patients.

Approved conditions:

Cancer, glaucoma, positive status for HIV/AIDS; A chronic or debilitating disease or medical condition or its treatment that produces cachexia or wasting syndrome, severe pain, severe nausea, seizures, including those characteristic of epilepsy, or severe and persistent muscle spasms, including those characteristic of multiple sclerosis or Crohn's disease. Other conditions are subject to approval by the Hawaii Department of Health.

Possession/Cultivation:

The amount of marijuana that may be possessed jointly between the qualifying patient and the primary caregiver is an "adequate supply," which shall not exceed three mature marijuana plants, four immature marijuana plants, and three ounces of usable marijuana per each mature plant.

Amended:HB 668 (240 KB)
Effective: June 25, 2013

Establishes a medical marijuana registry special fund to pay for the program and transfers the medical marijuana program from the Department of Public Safety to the Department of Public Health by no later than Jan. 1, 2015.

Amended:SB 642 (95 KB)
Effective: Jan. 2, 2015

Redefines "adequate supply" as seven marijuana plants, whether immature or mature, and four ounces of usable marijuana at any given time; stipulates that physician recommendations will have to be made by the qualifying patient's primary care physician.

The table below outlines Hawaii’s main marijuana laws.

Code Section 329-14, et seq.; 712-1240, et seq.
Possession for Personal Use

Possession of 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 Possession of 25 or more marijuana plants or possession of 1 lb. or more of anything containing marijuana: Class C felony; 2 lbs. or more: Class B felony; 25 lbs. or more: Class A felony; Possession of over 100 plants: Class A felony; Distribution of any small amount or possession of any small amount: misdemeanor
Sale Sale of any amount: Class C felony; 1 lb. or more: Class B felony; 5 lbs. or more: Class A felony
Trafficking -

Department of Public Safety
Narcotics Enforcement Division
3375 Koapaka Street, Suite D-100
Honolulu, HI 96819
Phone: 808-837-8470
Fax: 808-837-8474

hawaiicsreg@ned.hawaii.gov

Website:
HI Medical Marijuana Application info


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