By Kit Yona, M.A. | Legally reviewed by John Mascolo, Esq. | Last reviewed July 22, 2024
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Maui Waui/Maui Wowie is a popular strain of marijuana synonymous with Hawaii since it first appeared in the 1960s. But that doesn't mean you can run to a local dispensary and grab an ounce or two. Despite being the first state to legalize medical cannabis, recreational marijuana remains unavailable for purchase and, in amounts over 3 grams, a crime to have.
Adult-use cannabis legalization remains a contentious topic in the Hawaii state legislature. While separate bills to further decriminalize possession of marijuana and permit the sale of marijuana products for recreational use have been passed by the Hawaii Senate and House of Representatives, as of May 2024, nothing has become part of Hawaii cannabis law.
If marijuana use is part of your life, it's a good idea to understand how Hawaii's cannabis laws work. In this article, we'll explain the basics of Hawaii's medical cannabis program, what's involved with becoming a qualified patient, and what amounts of marijuana are legal to possess. We'll also touch on other important aspects.
The Office of Medical Cannabis Control and Regulation (OMCCR), part of the Department of Health, oversees the medical marijuana program in the state of Hawaii. Qualified patients can buy cannabis products such as flower, edibles, and cartridges for vaping from a licensed medical cannabis dispensary. They must get a Hawaii 329 Medical Cannabis Card.
To get the 329 card to buy medical marijuana products, patients must get approval from the OMCCR and added to the state medical marijuana registry. You can do much of the registration for a 329 card online, but your completed application will also need a physician's certification.
Pro-legalization advocates are quick to argue that 3 grams is a small amount and out of step with compatible laws in other states. Possession of amounts more than 3 grams and up to an ounce is a petty misdemeanor and carries the risk of up to 30 days in jail and a fine.
Governor Josh Green signed HB 1595 in June 2024. In the bill, Hawaii lawmakers set up a pilot program in Hawaii County to provide expungements of certain marijuana arrest records.
The regulatory laws surrounding marijuana use in Hawaii are in a constant state of flux. If you run into trouble with law enforcement and aren't sure about current Hawaii cannabis laws, contact a Hawaii criminal defense attorney.
The Office of Medical Cannabis Control and Regulation (OMCCR), part of the Department of Health, oversees the medical marijuana program in Hawaii. Qualified patients can purchase cannabis products such as flower, edibles, and cartridges for vaping from a licensed medical cannabis dispensary. They must get a Hawaii 329 Medical Cannabis Card.
To get the 329 card to purchase medical marijuana products, patients must be approved by the OMCCR and added to the state medical marijuana registry. You can do much of the registration for a 329 card online, but your completed application will also need a physician's certification.
This handy guide offers a step-by-step explanation of what you'll need to do. Note that out-of-state visitors can apply for a temporary 329 card as well.
Fill out the application and bring it when you meet with your health care provider. Physicians can prescribe medical marijuana if you are suffering from one or more of the following conditions:
Along with your 329 card, you'll need a valid government photo ID, such as a driver's license, to purchase at a dispensary. As a 329 cardholder, you can possess 4 ounces of marijuana or the equivalent amount of THC products.
As part of the medical marijuana program, you can also cultivate and process 10 cannabis plants between you and your caregiver. It is illegal to give anyone or have anyone else care for any of your plants or products processed from them.
Driving while under the influence of cannabis carries the same penalties as driving under the influence of alcohol. The chart below shows some of the punishments for breaking Hawaii marijuana laws.
| Relevant Hawaii marijuana laws | Hawaii Revised StatutesDivision 1 — Government, Title 19 — Health
Division 5 — Crimes and Criminal Proceedings, Title 37 — Hawaii Penal Code
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|---|---|
| Is marijuana legal in Hawaii? | In Hawaii, marijuana is legal for medical use only. |
| Is cultivation legal in Hawaii? | It's legal for 329 Medical Cannabis cardholders or their primary caregivers to cultivate and process up to 10 plants in total. |
| Possession for personal use penalties |
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| Marijuana sales penalties |
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| Commercial promotion (large-scale possession) and cultivation penalties |
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Note: State laws are subject to change through the passage of new legislation, rulings in the higher courts that include federal decisions, ballot initiatives, and other means. While we strive to provide the most current information, please contact a Hawaii criminal defense attorney or conduct independent legal research to verify the status of any particular state law(s) you are reviewing.
State drug laws and their enforcement can feel like they're different from one day to the next. The jurisdiction of your case can matter as well. If you think you might need help with a drug addiction or substance abuse problem, your first step is to ask for help.
If you need legal help with an existing drug case or have questions about the legal use of cannabis, consider contacting a Hawaii drug crime attorney. Their experience with Hawaii cannabis laws will make them a powerful ally.
Contact a qualified attorney.
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