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Is Marijuana Legal in Hawaii 2026
Updated 30/07/2026
Is Marijuana Legal in Hawaii 2026?
As of January 2026, recreational marijuana is not legal in Hawaii. However, medical marijuana remains legal for qualified patients who obtain a Hawaii medical marijuana card through the state’s Medical Cannabis Program.
Hawaii Marijuana Possession Laws
In Hawaii, recreational marijuana remains illegal. Adults found in possession of three grams or less face a non-criminal violation, punishable by a $130 fine. Possession of more than three grams can result in misdemeanor or felony charges, with penalties increasing based on the amount. Larger quantities may lead to jail time, higher fines, and a permanent criminal record under Hawaii state law.
Hawaii Marijuana Cultivation Laws
In Hawaii, registered medical cannabis patients and their designated primary caregivers may cultivate up to 10 cannabis plants for the patient’s medical use. The grow site must be listed on the patient’s valid 329 card and must be located at the patient’s residence, the caregiver’s residence, or another location owned or controlled by the patient or caregiver. Each plant must have an identification tag showing the patient’s registration number and expiration date.
Hawaii Marijuana Penalties
Marijuana penalties in Hawaii depend on the amount and conduct involved. Possession of three grams or less is a violation punishable by a $130 fine. Possession of more than three grams but less than one ounce is a petty misdemeanor. Possession of one ounce or more but less than one pound is a misdemeanor, while possession of one pound or more is a Class C felony. Distributing marijuana in any amount may be a misdemeanor, but distributing one ounce or more or selling or bartering any amount is a Class C felony. More serious commercial cannabis offenses may carry higher penalties.
Who can recommend medical marijuana in Hawaii?
In Hawaii, eligible Hawaii-licensed physicians and Advanced Practice Registered Nurses may certify patients for medical cannabis. The provider must have authority to prescribe drugs, maintain a bona fide provider-patient relationship, evaluate the patient’s condition, and submit the certification through the state’s electronic registry.
Common Questions about Hawaii Marijuana Laws
Can you smoke marijuana in public in the state of Hawaii? 
No. Medical cannabis may not be used in public places, moving vehicles, workplaces, school properties, or in the presence of anyone under 18. Private-property owners, landlords, hotels, and condominium associations may also prohibit cannabis use on their property.
Can anyone go to a dispensary in Hawaii?
Only registered qualifying patients, registered caregivers, qualifying out-of-state patients, and their registered caregivers may purchase medical cannabis from a licensed Hawaii dispensary. A member of the general public may enter a dispensary’s designated waiting room but may not enter the purchasing area or buy cannabis.
Is marijuana a felony in Hawaii?
Marijuana possession may be treated as a violation, petty misdemeanor, misdemeanor, or felony depending on the amount. Possession of three grams or less is a violation, more than three grams but less than one ounce is a petty misdemeanor, one ounce or more but less than one pound is a misdemeanor, and one pound or more is a Class C felony.
What happens if you get caught with marijuana in Hawaii?
If caught with marijuana in Hawaii, the penalties can range from a fine and/or jail time for possession of small amounts, to felony charges for possession of larger amounts or for sale/distribution of marijuana.
How much is a possession of marijuana ticket in Hawaii?
Possession of three grams or less of marijuana is a non-criminal violation punishable by a $130 fine. Possession of more than three grams may result in a criminal charge, with the classification depending on the amount possessed.
Are edibles legal in Hawaii?
Certain edible cannabis products are legal for registered medical cannabis patients and caregivers and may be purchased from licensed medical cannabis dispensaries. Recreational cannabis edibles remain illegal in Hawaii. Being 21 or older does not allow someone without a valid Hawaii 329 registration to purchase medical cannabis products.
Is CBD legal in Hawaii?
Certain hemp-derived CBD products may be sold in Hawaii without a medical cannabis card when they meet the state’s manufactured hemp product requirements. Products must comply with Hawaii’s THC limits, laboratory-testing, packaging, labeling, ingredient, and permitted-product-form rules. Hemp flower, pre-rolls, cannabinoid vape products, artificially derived cannabinoids, and certain cannabinoid-containing foods are prohibited from sale.
Useful links
- reciprocity
- Hawaii's medical marijuana laws
- Schedule I Controlled Substance
- Act 169
- TITLE 21 Code of Federal Regulations section 1307.03
- U.S. Food and Drug Administration
- Schedule V substance list
- Drug Enforcement Administration
- Drug Enforcement Administration
- Chapter 11-850
- Act 178
- Act 241
- Act 242
- Act 230
- Act 041
- Act 170
- Act 116
- Act 169
- United States Drug Enforcement Administration
- Schedule I drug
- Pure Food and Drug Act of 1906
- Marijuana Tax Act
- United States Pharmacopeia
- Federal Narcotics Control Act
- President Richard Nixon
- medical marijuana laws
- Hawaii Uniform Drug Control Act
- Hawaii marijuana possession laws
- Hawaii marijuana trafficking laws
- Hawaii marijuana distribution laws
- Hawaii marijuana limitations
- Pure Food and Drug Act
- Federal Narcotics Control Act