Hawaii Medical Marijuana Laws

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.

 

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
  • Exceptions for authorized medical use.
  • Miscellaneous (paraphernalia, license suspensions, drug tax stamps, etc...)
  • Any marijuana found in a vehicle results in all occupants being charged with its possession.
  • Details 

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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