Hawaii allows regulated medical cannabis use while continuing to prohibit recreational weed under state law, creating a system that blends patient access with ongoing legalization debate. Residents with qualifying conditions can legally obtain medical marijuana through the state’s registry program, while possession outside approved limits remains restricted, despite decriminalization for small amounts. This page explains Hawaii’s current marijuana legality, including medical cannabis rules, possession thresholds, cultivation allowances, and how recent legislative efforts could impact future policy. For readers who want to see how Hawaii’s cannabis laws compare nationwide, explore our comprehensive breakdown of cannabis regulations by location across U.S. states, major cities, and countries worldwide in the Cannabis Laws by Location guide.
Table of Contents
Is marijuana legal in Hawaii
1. Medical Marijuana
Legal Status
- Legal since 2000 — Hawaii was the first U.S. state to legalize medical marijuana through its legislature.
- Governed by the Hawaii Department of Health (DOH).
Eligibility
- Patients must have a qualifying condition (e.g., cancer, PTSD, chronic pain, epilepsy, HIV/AIDS).
- Must obtain a Hawaii Medical Cannabis Registry Card (commonly called a “329 Card”).
Possession and Cultivation
- Up to 4 ounces (113 grams) of usable cannabis allowed.
- Up to 10 plants may be grown in a secure location.
- Designated caregivers may grow and administer cannabis on behalf of patients.
Access
- Cannabis can be purchased from state-licensed dispensaries.
- Products include flower, tinctures, capsules, oils, and topicals.
2. Recreational Marijuana
Legal Status
- Recreational use is currently illegal.
- However, small amounts are decriminalized.
Decriminalization Provisions
- Possession of 3 grams or less:
- Not a criminal offense.
- Punishable by a $130 fine.
- Possession over 3 grams but under 1 ounce:
- Classified as a misdemeanor.
- May result in jail time and higher fines.
Recent Legislative Activity
- Bills to legalize recreational cannabis have been introduced regularly.
- A 2023 bill passed the Senate but failed in the House.
- Public and political support is increasing, suggesting future progress toward legalization.
3. Federal and Travel Considerations
Federal Law
- Marijuana remains illegal under federal law.
- It is illegal to transport cannabis between islands or across state lines.
Tourism and Public Use
- Only Hawaii residents with valid 329 Cards can purchase medical cannabis.
- Public consumption is prohibited.
- Use is restricted to private property.
Conclusion
In Hawaii, medical marijuana is legal and regulated, while recreational marijuana is decriminalized but not yet legal. The state continues to explore full legalization through legislative efforts.
