State Laws

Hawaii Marijuana Laws

     

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
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.

Cultivation
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 prison.

Sale
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 fines.

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.

See also:
Hawaii Felony
Hawaii Gun Laws
Hawaii Divorce
Hawaii Misdemeanor External link (opens in new window)
Hawaii Expungement External link (opens in new window)