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What you will learn in this post:
Marijuana Laws in Hawaii
Hawaii is located 2000 miles from the mainland of the United States. It is the county’s only archipelago, or cluster of islands, and the only one in the tropics. The state is known for its Aloha spirit – the coordination of heart and mind within each person to emote good feelings to one another. Its positive energy and rich culture are beautifully matched with its 750 miles of breathtaking coastline sprinkled with beautiful beaches and iconic volcanos.
Hawaii was the first state to pass cannabis legislation through the state legislature rather than a ballot initiative. The state legalized medical cannabis in 2000 when Governor Ben Cayetano signed into law Act 228. The legislation only allowed patients with a medical marijuana card to grow their cannabis or appoint a caretaker. It did not allow for dispensary storefronts or delivery.
Fifteen years later, Hawaii passed Act 241, which created the Medical Marijuana Dispensary Program of Hawaii and required patients to register for a 329 card (medical marijuana card). In 2016 House Bill 321 helped to establish eight dispensaries on the island. Maui made its first legal, medical cannabis sale in 2016. Recreational cannabis remains illegal, and possession of more than an ounce is punishable by up to 1-year imprisonment and a $2,000 fine. Possession of less than 3 grams is a simple violation with a $130 fine.
Is Weed Legal in Hawaii?
YES, but only for medicinal purposes in Hawaii, for people with a licensed medical marijuana card.
Weed Legalization in Hawaii
Hawaii was the 8th state to legalize medical cannabis in 2000 with Act 228. This legislation allowed medical marijuana patients or their caregivers to grow their cannabis. It did not permit dispensaries or the sale of cannabis.
In 2015 the state established the Medical Marijuana Dispensary Program of Hawaii and required patients to acquire a 329 medical marijuana card with a physician's recommendation issued through the Department of Health. The first dispensary opened in Maui after Senate Bill 321 helped create a dispensary system that allowed eight dispensaries to open in the state. Patients may purchase cannabis flower, capsules, and topicals. In 2018 lawmakers expanded the menus to include vape pens with the passing of House Bill 2729.
Hawaii does allow out-of-state patients to use their valid medical cannabis card issued by their home state. They must still complete the registration for a Hawaii 329 card through the state's website. The application can take a minimum of 4 weeks to process and 4-8 weeks to receive the official card.
Adult use or recreational cannabis remains illegal in Hawaii. However, possession of small amounts of cannabis, less than 3 grams, has been decriminalized as of 2020. Possession of less than 3 grams is now only a $130 fine. Possession of 3 grams to an ounce is a misdemeanor with up to 30 days in jail and a $1,000 fine.
As of 2022, the consumption of cannabis is legal for medicinal use in the state of Hawaii.
Cannabis Tax in Hawaii
Medical cannabis is available at licensed dispensaries for patients with a 329 medical cannabis card.
The state levies a 4% general excise tax on medical marijuana purchases.
Funds received from this tax are allocated to public education, drug abuse prevention, education, and any positions and operating costs. As of 2021, the state has collected $6,465,294 in revenue from the medical cannabis excise tax.
Is Cannabis Delivery Available in Hawaii?
NO, marijuana delivery is not available for either medicinal or recreational purposes in the state of Hawaii.
Where Can You Legally Use Weed in Hawaii?
Medical cannabis patients can consume legally in the following areas in Hawaii:
🗹 Private properties such as residences
Cannabis CANNOT be consumed in:
X Public spaces
X Businesses that lack a license for commercial cannabis consumption
X Motorized vehicles in motion, for both driver and passengers
What are the Restrictions on Cannabis Possession in Hawaii?
Only patients and caregivers with a 329 med card may purchase or cultivate cannabis products.
Patients and caregivers aged 21 and above may purchase and possess a combined amount of up to:
- Four ounces of “usable marijuana,” which does not include seeds, stalks, or roots. Patients and caregivers can purchase every 15 days but may not exceed 4 ounces in their possession at a time.
For the state’s home cultivation program:
- Maximum # of plants: 10
- Requires a recommendation from a qualified physician
During vehicular transportation:
- Cannabis may either be in a sealed container or
- Stored in the trunk of the vehicle
- Transport does not include the inter-island transportation
Frequently Asked Questions About Marijuana in Hawaii
How can I get a medical marijuana card in Hawaii?
Hawaii medical marijuana cards, or 329 cards, can only be issued by the state. Patients need to see a doctor to confirm that they have a qualifying condition, and then register on the state's website.
How long do Hawaii medical marijuana cards last?
Unless the doctor has stated a shorter period, medical marijuana recommendations last one year. It's recommended to start the renewal process up to 6 weeks in advance of the expiration date on the medical marijuana card.
Can I travel from island to island with a medical 329 card and legally purchased cannabis?
No, patients can't transport their cannabis between islands.
How much cannabis can I purchase and possess?
You can purchase up to 4 ounces at a time and up to 8 ounces in a month. You can only possess 4 ounces of usable cannabis at any one time.
Can I use my out-of-state medical marijuana card in Hawaii?
Yes, but you still must obtain a 329 card through the state’s registration portal.
How long does it take to get a 329 medical marijuana card?
It can take as little as 7 days or up to 30 days to get your card from the state.
The information in this article and any included images or charts are for educational purposes only. This information is neither a substitute for, nor does it replace, professional legal advice or medical advice, diagnosis, or treatment. If you have any concerns or questions about laws, regulations, or your health, you should always consult with an attorney, physician or other licensed professional.
