Hawaii Marijuana Laws

Marijuana is a Schedule I hallucinogenic substance under the Hawaii Uniform Controlled Substances Act. It is also listed as a detrimental drug. Marijuana concentrates (e.g., hashish) are considered harmful drugs.

Possession for Personal Use

Possession of less than 1 ounce of marijuana is a petty misdemeanor punishable by up to 30 days imprisonment and/or a fine of $1,000. Possession of 1 ounce or more but less than 1 pound is a misdemeanor punishable by up to 1 year imprisonment and/or a $2,000 fine.

Discovery of marijuana in a vehicle may result in each occupant being charged with possession unless the marijuana was found on an occupant’s person or was in a compartment accessible only by occupants of that seat.

Possession with Intent to Distribute

Possession of 1 pound or more but less than 2 pounds is a class C felony punishable by up to 5 years in prison and/or $10,000 fine. Possession of 2 pounds or more but less than 25 pounds is a class B felony punishable by up to 10 years in prison and/or $25,000 fine. Possession of 25 pounds or more is a class A felony punishable by 20 years in prison and/or $50,000 fine.

Possession with intent to distribute any amount of marijuana within 750 feet of school grounds or a park, or on or within 10 feet of a parked school vehicle is a class C felony punishable by up to 5 years in prison and/or $10,000 fine.

Sale/Delivery

Distribution of less than 1 ounce of marijuana is a misdemeanor punishable by up to 1 year imprisonment and/or a $2,000 fine. Distribution of 1 ounce or more but less than 1 pound is a class C felony punishable by up to 5 years in prison and/or $10,000 fine. Distribution of 1 pound or more but less than 5 pounds is a class B felony punishable by 10 years in prison and a $25,000 fine. Distribution of 5 pounds or more of marijuana is a class A felony punishable by 20 years in prison and a $50,000 fine.

Distribution any amount of marijuana within 750 feet of school grounds or a park, or on or within 10 feet of a parked school vehicle is a class C felony punishable by up to 5 years in prison and/or $10,000 fine.

Cultivation

Cultivation of 25 or more but less than 50 marijuana plants is a class C felony punishable by up to 5 years in prison and/or $10,000 fine. Cultivation of 50 or more but less than 100 plants is a class B felony punishable by 10 years in prison and/or $25,000 fine. Cultivation of 100 or more marijuana plants is a class A felony punishable by 20 years in prison and/or $50,000 fine.

Cultivation of less than 25 marijuana plants on another’s property without their permission is a class B felony punishable by 10 years in prison and/or $25,000 fine. Cultivation of 25 or more plants on another’s property without their permission is a class A felony punishable by 20 years in prison and/or $50,000 fine.

Cultivation in a structure where the individual knows a person under the age of 16 years old is present results in an additional 2 years imprisonment on top of the sentence for cultivation. However, if the cultivation occurred in a structure where an individual 18 years old or younger was present and the cultivation causes substantial bodily injury to the minor, then the additional imprisonment will be a term of 5 years.

Hash & Concentrates

All Marijuana, including Marijuana Concentrates, is classfied as Schedule I under Hawaii law. Marijuana is classified a “detrimental drug”, whereas Marijuana Concentrates are classified as a “harmful drug”. Under Hawaiian law, hashish, tetrahydrocannabinol, and any other salt, alkaloid, mixture, compound or derivative of marijuana qualifies as a Marijuana Concentrate. Cases applying this statute have determined that Marijuana Concentrates charges should only be brought when the compound in question contains THC but does not have the outward appearance of any part of the Marijuana plant. Case law has also confirmed that there is no minimum threshold of THC content required to classify a compound as a Concentrate, even if the THC content of the compound is less than the average for plant Marijuana.

Promoting a Harmful Drug 1st Degree

• Class A Felony, up to 20 years imprisonment and a fine not exceeding $50,000

• Possession of 1 ounce or more of Marijuana Concentrates or

• Distribution of 1/8 ounce or more of Marijuana Concentrates or

• Distribution of Marijuana Concentrates to a minor in any amount

Promoting a Harmful Drug 2nd Degree

• Class B Felony, up to 10 years imprisonment and a fine not exceeding $25,000

• Possession of 1/8 ounce or more of Marijuana Concentrates or

• Distribution of any amount of Marijuana Concentrates

Promoting a Harmful Drug 4th Degree

• Misdemeanor, up to 1 year imprisonment and a fine not exceeding $2000

• Possession of any amount of Marijuana concentrates

Paraphernalia

Use or possession of paraphernalia is a class C felony punishable by up to 5 years in prison and/or a $10,000 fine. Sale or manufacture of paraphernalia is also a class C felony. Delivery of paraphernalia by a person 18 years or older to a minor at least 3 years their junior is a class B felony punishable by up to 10 years imprisonment and/or a $25,000 fine.

Sentencing

First time offenders who have plead or been found guilty of certain possession or distribution charges are eligible for suspended judgment and probation. Upon completion of the terms of the probation, the court shall discharge the offender and dismiss the proceedings against him. There may only be 1 discharge and dismissal for each person. Additionally, first time offenders for paraphernalia or possession charges are eligible for probation if they are non-violent, in need of substance abuse treatment, and have submitted a proposal to the court for treatment.

Terms of imprisonment for felonies may increase if the offender has prior felony convictions or other conditions are met.

Forfeiture

Vehicles and other property may be seized for controlled substance violations. Seizures of property may be made on probable cause that they are subject to forfeiture or by the rules of civil procedure. The seizing agency has 20 days to give notice to all parties who have an interest in the property. They have 30 days to notify the prosecuting attorney, who has 45 days to initiate the forfeiture proceedings. A prosecuting attorney may instead file administrative forfeiture proceedings.

Miscellaneous

Promoting a controlled substance through a minor – Any person who uses an individual under the age of 18 to facilitate the distribution of a controlled substance is guilty of a class B felony punishable by B felony punishable by 10 years in prison and/or $25,000 fine, unless the offense occurred on or within school grounds, school vehicles, or a public park, in which case it is a class A felony punishable by 20 years in prison and/or $50,000 fine.

Possession in a motor vehicle – Discovery of marijuana in a vehicle may result in each occupant being charged with possession unless the marijuana was found on an occupant person or was in a compartment accessible only by occupants of that seat.

Driver’s license of commercial driver – Shall revoke the license of a commercial driver if convicted of the unlawful transportation, possession, or use of a controlled substance while on duty.

OFFENSE PENALTY INCARCERATION MAX FINE

Possession

Personal Use

Less than 1 oz misdemeanor 30 days $ 1,000
1 oz – 1 lb misdemeanor 1 year $ 2,000

With intent to distribute

1 – 2 lbs felony 5 years $ 10,000
2 – 25 lbs felony 10 years $ 25,000
25 lbs or more felony 20 years $ 50,000
Within 750 feet of school grounds or a park, or on or within 10 feet of a parked school vehicle felony 5 years $ 10,000

Sale or Delivery

Less than 1 oz misdemeanor 1 year $ 2,000
1 oz – 1 lb felony 5 years $ 10,000
1 – 5 lbs felony 10 years $ 25,000
5 lbs or more felony 20 years $ 50,000
Within 750 feet of school grounds or a park, or on or within 10 feet of a parked school vehicle felony 5 years $ 10,000

Cultivation

25 – 50 plants felony 5 years $ 10,000
50 – 100 plants felony 10 years $ 25,000
100 plants or more felony 20 years $ 50,000
Less than 25 plants on another’s property felony 10 years $ 25,000
More than 25 plants on another’s property felony 20 years $ 50,000

In a structure where a minor under 16 years is present carries additional penalty

Paraphernalia

se, possession or sale of paraphernalia felony 5 years $ 10,000
Delivery to a minor at least 3 years junior felony 10 years $ 25,000

Forfeiture

Vehicles and other property may be seized.

Hash & Concentrates

Possession misdemeanor 1 year $ 2,000
Distribution felony 10 years $ 25,000

Miscellaneous

Promoting through a minor felony 10 years $ 25,000
Within school grounds, school vehicles, or a public park felony 20 years $ 50,000

Discovery of marijuana in a vehicle may result in each occupant being charged with possession.

1 comment to Hawaii Marijuana Laws

  • ashley brown

    marijuana needs to be legalized. Its nothing like all other drugs.It helps way more than hurts! The American people that want this to happen needs to stand up . The government needs to stop wasting the tax payers money on something that can help medically and help our government financially . lets all stand for something we believe in or we’ll all fall for nothing.

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