Weed Laws and Regulations in Hawaii

Disclaimer

This article is intended for informational purposes only and does not constitute legal, medical, or professional advice. Cannabis laws change frequently; the details herein may be outdated or incorrect depending on new legislation or regulatory action. Always consult relevant state statutes, state health or justice department resources, or qualified legal counsel before acting on any cannabis-related information.

Weed Laws and Regulations in Hawaii

Hawaii’s cannabis laws strike a middle ground: medical cannabis is legal under a regulated program, while recreational use remains prohibited (though small amounts are decriminalized). Legislative efforts continue toward possible recreational legalization, cultivation reforms, and expanded dispensary access. This guide explains Hawaii’s current cannabis laws, historical developments, restrictions, and what they mean for residents and visitors.

Is Weed Legal in Hawaii?

As of 2025, recreational cannabis (adult-use) is not fully legal in Hawaii. The state has decriminalized possession of small quantities, meaning minor possession is treated as a civil fine rather than a criminal offense. Medical cannabis is legal under a regulated program, allowing registered patients to purchase, use, and cultivate within state-defined limits.

Several bills to legalize adult-use cannabis have advanced in the legislature, proposing regulated retail sales, home cultivation, and taxation. However, as of now, no adult-use law has been enacted. Some provisions may take effect in 2026 or later depending on future legislation.

Purchase & Possession Limits

Recreational (Proposed, Not Yet Legal)

Up to 1 ounce (≈ 28 grams) of cannabis flower per adult 21+.
Up to 5 grams of cannabis concentrate.
Home cultivation: up to 6 plants per adult and up to 10 ounces of homegrown cannabis stored at home.
These limits remain hypothetical until adult-use legislation is passed.

Medical Use (Current Law)

Registered patients may possess up to 8 ounces (≈ 226.8 grams) of usable cannabis per 30 days.
Patients may cultivate up to 6 mature or 12 immature plants at the registered grow site.
The grow site must be located at the address listed on the patient’s 329 registration card.
Act 108: Starting January 1, 2028, home cultivation without a state cultivator license will be prohibited.

Places Where Use Is Prohibited

Public spaces such as parks, beaches, recreation centers, and schools.
Workplaces, public transportation, and smoke-free housing units.
Hotels and condos that prohibit smoking or vaping, even for medical users.
In moving vehicles or while operating transportation (cars, boats, aircraft).
Landlords and homeowners’ associations may restrict cannabis use or cultivation within private property.

Under proposed adult-use legislation, public smoking would remain a civil violation with monetary penalties.

Taxes on Cannabis

Medical cannabis sales in Hawaii are currently subject to the General Excise Tax (GET) of 4% plus an additional 0.5% county surcharge in most areas. There is no separate cannabis excise tax for medical purchases.

Under proposed adult-use legalization, recreational cannabis would be taxed at 14%, while medical sales would remain under the lower GET rate. Other bills (like SB 3335) have suggested a combined 10% retail tax plus GET.

Example Tax Calculations

Scenario A: Medical User

Base cost: $100
GET 4% = $4
County surcharge 0.5% = $0.50
Total = $104.50

Scenario B: Recreational User (Proposed 14% Excise + 4% GET)

Base cost: $100
Excise tax 14% = $14
GET 4% on total ($114 × 0.04) = $4.56
Total ≈ $118.56

Consumption Locations

Use is permitted only on private property with the owner’s consent.
Public use (parks, beaches, hotels, sidewalks) remains prohibited.
Proposed laws may allow licensed consumption lounges starting January 1, 2025, where cannabis can be consumed with food or events.

Cultivation Rules

Grow sites must be registered with the Hawaii Department of Health.
Only patients or their primary caregivers may cultivate for medical use.
Each plant must display a visible ID tag with registration number and expiration date.
Transfers to non-patients are prohibited.
Under Act 108, unlicensed home cultivation becomes illegal on January 1, 2028.

Medical Marijuana Program

Hawaii’s medical cannabis system is managed by the Department of Health through the Medical Cannabis Registry and Dispensary Programs. Patients must obtain certification from a licensed physician or APRN to receive a 329 registration card.

Act 108 extended certification validity to three years.
Telehealth certifications and capped renewal fees were introduced under HB 302 (2025).
Dispensary rules were strengthened regarding signage, packaging, and transport.
Starting 2028, cultivation oversight will transition to a license-based model.

Legal History Timeline

2000: Hawaii legalizes medical marijuana—first state to do so by legislation.
2015: Act 241 establishes the Medical Marijuana Dispensary Program.
2017: First dispensaries open; first legal medical sale in Maui.
2020: Decriminalization takes effect (≤ 3g = $130 civil fine).
2023: Act 108 modernizes medical laws, adds 3-year cards, and limits unlicensed cultivation (from 2028).
2025: HB 302 / Act 241 (2025) reforms medical access and telehealth certification.
Ongoing: Adult-use legalization remains under legislative consideration.

Regulation & Oversight

Regulated by the Hawaii Department of Health.
Dispensaries, cultivators, and labs are licensed under the Medical Cannabis Dispensary Program.
Oversight includes seed-to-sale tracking, security protocols, labeling, and testing.
Future: establishment of a unified Hawaii Cannabis & Hemp Office for both sectors.
Act 108 clarified inter-dispensary sales and tightened compliance rules.

Product Safety & Testing

All products must undergo lab testing for potency, contaminants, and labeling accuracy.
Dispensaries may only sell state-tested and properly labeled cannabis products.
Testing labs must be licensed, accredited, and maintain chain-of-custody documentation.
Under future adult-use laws, edibles resembling candy or cartoons will be prohibited.

Out-of-State Visitors

Visitors are subject to the same rules as residents.
Out-of-state medical cards are not automatically recognized; visitors must register through Hawaii’s program.
Transporting cannabis out of Hawaii or between islands is illegal under federal law.

Growing Cannabis in Hawaii

Registered medical patients and caregivers may cultivate at the registered property address.
Each plant must be tagged with the patient’s registration number.
After Jan 1, 2028, home cultivation requires a state-issued cultivator license.
Proposed adult-use laws would allow 6 plants per adult (with restrictions on federal housing or hotels).

Frequently Asked Questions

What are the key dates for legalization?

Medical cannabis was legalized in 2000. Dispensary law passed in 2015. Decriminalization took effect January 11, 2020. Major reforms (HB 302 / Act 241) passed in 2025. Adult-use legalization may begin in 2026 if enacted.

Where is cannabis legal in Hawaii?

Cannabis is legal only for registered medical patients and caregivers, either at licensed dispensaries or registered grow sites. Recreational use remains illegal statewide.

Are edibles or vape pens legal?

Yes, medical dispensaries may sell manufactured cannabis products such as edibles, tinctures, and vape cartridges, subject to state testing and labeling requirements.

Can I smoke weed on the beach or in parks?

No. Public consumption—including beaches, hotels, or parks—is prohibited and may result in fines or citations.

Can I fly with cannabis between islands?

No. Transporting cannabis by air violates federal aviation laws, even for flights within Hawaii.

Is CBD legal in Hawaii?

Yes. Hemp-derived CBD with less than 0.3% THC is legal, but adding CBD to food or beverages is restricted unless approved by the Hawaii Department of Health.

What happens if I’m caught without a medical card?

Possession of up to 3 grams is a civil violation with a $130 fine. Larger amounts may result in misdemeanor or felony charges.

Can I grow cannabis without a license?

Only registered patients or caregivers can legally cultivate cannabis. Recreational users cannot grow until adult-use laws are enacted.

Can tourists buy weed if Hawaii legalizes it?

If adult-use passes, adults 21+ would be able to buy cannabis from licensed dispensaries, but transporting cannabis out of state will remain illegal.

Are cannabis delivery services legal?

No. Medical dispensaries cannot deliver to patients’ homes. Future laws may establish limited delivery licensing.

Can cannabis be gifted?

Yes — registered patients may gift small amounts to other patients without monetary exchange. Selling without a license remains a criminal offense.