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Hawaii Recreational & Medical Marijuana Laws

What's the real status on Hawaii marijuana laws?

Are you curious about Hawaii recreational marijuana and medical marijuana law and the penalties for breaking them in Hawaii? This page also covers the laws regarding CBD, CBD gummies, CBD carts or cartridges, CBD vapes and CBD balms and lotions in Hawaii. Here are other ways you may have found this page on Hawaii marijuana and CBD laws:
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Hawaii Marijuana Laws

There are famous strains of the marijuana named after the state of Aloha: Maui Wai, Kona Gold, and Kauai Electric. However, the drug is still illegal in Hawaii. Both locally and nationally, marijuana legalization has gained momentum, but it has not yet occurred in Hawaii.

Colorado and Washington made national news in 2012 when they ended their marijuana bans in historic referendums. So Hawaii seemed like a natural country to take the same step. Residents have a reputation for increasing the quality of “pakalolo” and their smoking: According to National Organization for the Reform of the Marijuana Laws, or the NORML, Hawaii has the 10th highest rate of marijuana use in the nation among those 18 or older.

In 2013, the state legislature introduced five bills to either legalize or decriminalize weed — reducing possession from a minor misdemeanor to a civil fine, essentially eliminating jail time for violators. But the high did not last long. All bills were defeated.

Hawaii Medical Marijuana Law

The medical marijuana is legal in Hawaii for those with valid medical cards. To get a medical card, a doctor must diagnose you with at least one of the state’s eligible medical conditions. Then, they will give you the medical recommendation you need to enroll in the state’s MMJ program and obtain your HI medical card. The state first legalized the MMJ in 2000. They were the 1st state to do so through legislation, thanks to Act No. 228. Unfortunately, recreational cannabis is no longer legal in Hawaii, and we’re not sure if it will be at any time in the future. However, Aloha State has decriminalized small doses of cannabis (three grams or less).

If you are out of state and have an MMJ, Hawaii’s medical marijuana laws allow reciprocity for cannabis. This means that out-of-state patients can purchase an MMJ if they show their valid medical cards. Interestingly enough, Hawaii also offers something called the Hawaii 329 card. These cards allow frequent visitors to apply to MMJ program as long as they see a qualified physician in Hawaii and get a medical recommendation.

Hawaii Law on Recreational Use

No, the recreational marijuana is not legal in Hawaii. Cannabis weighing three grams or less has been decriminalized in Aloha State, but marijuana use for adults has not been legalized. You can only enjoy Hawaiian weed with a medical marijuana card.

Hawaii Law on the Use of CBD oils

The production of hemp-derived products that contain less than 0.30% THC is legal under the United States Agriculture Act of 2018. The THC is the compound responsible for causing the psychoactive effects. In Hawaii, hemp-derived products have been legal since 2018. However, the state government only approved hemp cultivation in 2020. The Hawaii Department of Health regulates all hemp products, regardless of whether they are derived from hemp. In addition, the administration states that CBD cannot be sold without a valid prescription or prescription.

Hawaii Marijuana Penalties

The possession of less than 01 ounce of marijuana is a petty misdemeanor punishable by up to 30 days in prison and a $1,000 fine. Possession of 1 ounce or more but less than 1 pound is a misdemeanor punishable by up to 01 year in prison and a $2,000 fine.

Possession of 25 or more marijuana plants or possession of 1 pound or more of anything containing marijuana: a Class C felony; 2 lbs. or more: a Class B felony; 25 lbs. or more: a first-degree felony; Possession of more than 100 plants: a first-degree felony; Distribution of any small amount or possession of any small amount: a misdemeanor. Selling Any Amount: A Class C felony; 1 pound or more: a Class B felony; 5 lbs. or more: a first-degree felony


Hawaii Marijuana Laws in relation to the US Federal Government

As stated before, the US federal government still considers marijuana use illegal for United States citizens, immigrants and tourists. While the federal government still calls marijuana an illegal drug, they have left most enforcement of marijuana law to the US States, partly because the federal government has more important things to deal with on a daily basis. This gives Hawaii the power to mostly set and enforce its own marijuana laws regarding recreational and medical marijuana usage, possession and distribution.

Hawaii Law and other US States

Hawaii's marijuana and CBD laws and penalties are unique to Hawaii. Every U.S. State has a different legal stance involving medical marijuana, recreational marijuana and CBD products. The states that prohibit certain aspects of marijuana also have varying penalties for violation of their laws.

The best thing to do is to be informed and visit our United States marijuana law pages and our individual US state profile pages regarding marijuana and CBD.

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