Unlike most other states, Hawaii has relatively lesser punishments for
marijuana offenses than other states. This state also has the fewest
number of marijuana arrests annually.
Marijuana is legal for medical usage in the state of Hawaii. Patients
and caregivers may legally possess no more than three ounces at a
single time or seven plants. Of these seven plants only three are
permitted to be mature at a time. All other individuals in possession,
cultivation, or sale of marijuana will subsequently be charged.
First-time offenders of small amounts may have lesser punishments that
do not include imprisonment. While some states have more severe
punishments for cultivating or selling marijuana, Hawaii instead has
the same basic fine and imprisonment range for all its marijuana
offenses. Also some states divide their offenses by severity based on
age and subsequent offenses, while Hawaii does not. This state
currently does not have specific laws in relation to driving under the
influence of marijuana.
Possession crimes in Hawaii are based on the amount held at the time of
the arrest. Possessing less than one ounce is considered a misdemeanor
offense that can earn up to one thousand dollars in fines and thirty
days in jail. Possessing between one ounce and one pounds is also a
misdemeanor offense but instead will be punished with a two
thousand-dollar fine and up to one year in jail.
All other possession charges are considered felony offenses. Possessing
between one pound and two pounds is penalized by five years of
imprisonment and up to ten thousand dollars in fines. Possessing
between two pounds and twenty-five pounds can earn a twenty-five
thousand-dollar fine and up to ten years in prison. The possession of
more than twenty-five pounds is punishable by twenty-five years in
prison and a fine of fifty thousand dollars.
All cultivation charges are considered felony offenses in the state of
Hawaii. All marijuana cultivation offenses are based on the number of
mature plants possessed at one time. Cultivating between twenty-five
and fifty plants can earn ten thousand dollars in fines and up to five
years of incarceration. Cultivating between fifty and one hundred
plants is penalized by a twenty-five thousand-dollar fine and up to ten
years of imprisonment. All cultivations of more than one hundred plants
can earn fines of fifty thousand dollars and up to twenty years in
Marijuana sale offenses are broken into the amount being sold. Selling
less than one ounce is considered a misdemeanor offense. This kind of
misdemeanor can earn a fine of two thousand dollars and no more than
one year in jail. Selling between one ounce and one pound is considered
a felony offense. This felony offense is punishably through no more
than five years of imprisonment and as much as ten thousand dollars in
Selling between one pound and five pounds is also a felony offense.
This offense can earn fines as high as twenty-five thousand dollars and
up to ten years of incarceration. All sales of more than five pounds
are felony offenses that are penalized by a fifty thousand-dollar fine
and up to twenty years in prison.