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Statute Reference
Haw. Rev. Stat. § 329-121 et seq. (medical cannabis); Haw. Rev. Stat. § 329-14 (scheduling); Haw. Rev. Stat. § 141-31 et seq. (industrial hemp)
Penalties for Violations
Possession under 3g is a civil violation ($130). Possession 3g-1 oz is a petty misdemeanor (up to 30 days, $1,000). Over 1 oz is a misdemeanor (up to 1 year). Sale is a felony. Hawaii decriminalized 3g or less in 2019.
Exceptions & Special Cases
Medical program covers 12 qualifying conditions including cancer, epilepsy, chronic pain, PTSD. Patients may possess up to 4 oz per 15 days and grow up to 10 plants. Approximately 35,000 registered patients.
Recent Changes
2024: Recreational legalization bill (SB 3335) passed the Senate but stalled in the House. 2025: New recreational bill introduced with expanded provisions. Hawaii decriminalization threshold remains among the lowest in the nation at 3g.
Expanded Analysis: Hawaii Cannabis & Delta-8 Laws
What this means for residents and visitors: An in-depth review of Cannabis & Delta-8 laws in Hawaii finds that the substance is classified as 'Legal (Medical Only)' under current state and federal statutes. Hawaii has a medical cannabis program established in 2000 (first state to legalize medical via legislature, not ballot), with a regulated dispensary system that launched in 2017. Adult-use legalizatio Individuals planning to possess, purchase, or distribute Cannabis & Delta-8 in Hawaii should be aware that {'delta8_status': "Banned/restricted. Hawaii has adopted a total THC standard for hemp. Delta-8 THC is considered a controlled substance under Hawaii's scheduling framework. The Department of Health h. We recommend consulting a qualified local attorney before relying on any legal status summary.
Related restrictions: {'delta8_status': "Banned/restricted. Hawaii has adopted a total THC standard for hemp. Delta-8 THC is considered a controlled substance under Hawaii's scheduling framework. The Department of Health has taken the position that all THC isomers are Schedule I. Delta-8 products are not legally available at retail.", 'thca_status': "Restricted under total THC enforcement. THCa is treated as THC for compliance purposes under Hawaii's hemp program.", 'possession_limits': 'Medical patients: 4 oz per 15-day period, up to 10 plants for home cultivation. Adult-use: possession of 3g or less decriminalized (civil fine $130).'}
📖 Official Resources
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Also on State Law Guide
Frequently Asked Questions
📅 Most Significant Events in the Last Year — Cannabis & Delta-8
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You were caught with cannabis concentrates and face much harsher penalties than if you had the equivalent amount of flower, despite the weight being much smaller.
You used delta-8 THC products thinking they wouldn't show up on a drug test, but you tested positive and now face employment, legal, or probation consequences.
You produce or sell cannabis-infused edibles in packaging that is not child-resistant, violating state and federal packaging requirements.
You failed a workplace drug test and are trying to argue that it was caused by legal delta-8 rather than illegal marijuana use.
You started growing cannabis at home and exceeded the legal plant count limit, now facing felony cultivation charges.
You transport hemp-derived products across state lines for your business, but some states have banned or restricted the specific cannabinoids you carry.
Your medical marijuana card expired and you continued to possess and use cannabis, now facing charges for unlawful possession.
You ordered delta-8 products online from an out-of-state retailer and the package was intercepted and seized by law enforcement during delivery.
You ordered THCa flower online from an out-of-state vendor, believing it is legal under the 2018 Farm Bill, but law enforcement intercepted the package and is pressing charges.
You've been selling delta-8 THC products from your smoke shop or online store without obtaining the required state licenses or permits.
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Disclaimer: This information is for educational purposes only and does not constitute legal advice. Laws change frequently. Consult a licensed attorney in Hawaii for legal advice specific to your situation.