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| Marijuana Laws in Hawaii | |||
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| POSSESSION | |||
| Less than 1 oz | misdemeanor | 30 days* | $1,000 |
| 1 oz to 1 lb | misdemeanor | 1 year* | $2,000 |
| 1 to 2 lbs | felony | 5 years* | $10,000 |
| 2 to 25 lbs | felony | 10 years* | $25,000 |
| 25 lbs or more | felony | 25 years | $50,000 |
| *Probation for first offense with dismissal upon completion of probation. Exceptions for authorized medical use. |
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| CULTIVATION | |||
| 25 to 50 plants | felony | 5 years | $10,000 |
| 50 to 100 plants | felony | 10 years | $25,000 |
| 100 plants or more | felony | 20 years | $50,000 |
| SALE | |||
| Less than 1 oz | misdemeanor | 1 year | $2,000 |
| 1 oz to 1 lb | felony | 5 years | $10,000 |
| 1 to 5 lbs | felony | 10 years | $25,000 |
| 5 lbs or more | felony | 20 years | $50,000 |
| MISCELLANEOUS | |||
| Any marijuana found in a vehicle results in all occupants being charged with its possession. | |||
| DETAILS | |||
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Possession of less than one ounce of marijuana is a misdemeanor offense, punishable by up to 30 days in jail and a fine of up to $1,000. Possession of one ounce or more is a misdemeanor punishable by up to one year in prison and a fine of up to $2,000. Any possession of amounts of one pound or more are felonies. The possible sentence for possession of one pound or more is up to 5 years in prison and a fine of up to $10,000. Possession of two pounds or more is punishable by up to 10 years in prison and a fine of up to $25,000. Possession of 25 pounds or more is punishable by up to 25 years in prison and a fine of up to $50,000. For first time offenders, the court can defer proceedings, place the accused on probation and upon completion of the probationary period the court can dismiss the charges. For cultivation of 25 plants or more, the possible sentence can be up to 5 years in prison and a fine of up to $10,000. For 50 plants or more the sentence can be up to 10 years in prison and a fine of up to $25,000. For 100 plants or more the sentence can be up to 20 years in prison and a fine of up to $50,000. Sale or distribution of less than one ounce of marijuana is a misdemeanor, punishable by up to one year in prison and a fine of up to $2,000. Sale or distribution of any amount greater than one ounce is a felony. For one ounce or more, the sentence can be up to 5 years in jail and a fine of up to $10,000. For one pound or more, the sentence can be up to 10 years in prison and a fine of up to $25,000. For five pounds or more the penalty rises to a possible 20 years in prison and a fine of up to $50,000. It is an affirmative defense to any marijuana related offense that the person distributing or possession the marijuana was authorized to do so for medical purposes. Any marijuana found in a vehicle results in all the occupants of the vehicle being charged with its possession unless the marijuana was found on the person of one of the occupants. |
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Conditional release: The state allows conditional release or alternative or diversion sentencing for people facing their first prosecutions. Usually, conditional release lets a person opt for probation rather than trial. After successfully completing probation, the individual's criminal record does not reflect the charge. Medical marijuana: This state has medical marijuana laws enacted. Modern research suggests that cannabis is a valuable aid in the treatment of a wide range of clinical applications. These include pain relief, nausea, spasticity, glaucoma, and movement disorders. Marijuana is also a powerful appetite stimulant and emerging research suggests that marijuana's medicinal properties may protect the body against some types of malignant tumors, and are neuroprotective. For more information see NORML's Medical Marijuana section. Hemp: This state has an active hemp industry. Hemp is a distinct variety of the plant species cannabis sativa L. that contains minimal (less than 1%) amounts of tetrahydrocannabinol (THC), the primary psychoactive ingredient in marijuana. Various parts of the plant can be utilized in the making of textiles, paper, paints, clothing, plastics, cosmetics, foodstuffs, insulation, animal feed, and other products. For more information see NORML's Industrial Use section. |
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