Hawaii Laws & Penalties

Offense Penalty Incarceration Max. Fine
Possession
Personal Use
Less than 1 oz Misdemeanor 30 days $ 1,000
1 oz - 1 lb Misdemeanor 1 year $ 2,000
1 lb or more Felony 5 years $ 10,000
Commercial Promotion
1 - 2 lbs Felony 5 years $ 10,000
2 - less than 25 lbs Felony 10 years $ 25,000
25 lbs or more Felony 20 years $ 50,000
Within 750 feet of school grounds or a park, or on or within 10 feet of a parked school vehicle Felony 5 years $ 10,000
Sale or Delivery
Less than 1 oz Misdemeanor 1 year $ 2,000
1 oz - 1 lb Felony 5 years $ 10,000
1 - less than 5 lbs Felony 10 years $ 25,000
5 lbs or more Felony 20 years $ 50,000
Within 750 feet of school grounds or a park, or on or within 10 feet of a parked school vehicle Felony 5 years $ 10,000
Cultivation
25 - 50 plants Felony 5 years $ 10,000
50 - less than 100 plants Felony 10 years $ 25,000
100 plants or more Felony 20 years $ 50,000
Less than 25 plants on another's property Felony 10 years $ 25,000
25 plants or more on another's property Felony 20 years $ 50,000
In a structure where a minor under 16 years is present carries additional penalty
Paraphernalia
Use, possession or sale of paraphernalia Felony 5 years $ 10,000
Delivery to a minor at least 3 years junior Felony 10 years $ 25,000
Forfeiture
Vehicles and other property may be seized.
Hash & Concentrates
Possession
Less than 1/8 oz Misdemeanor 1 year $ 2,000
1/8 - less than 1 oz Felony 10 years $ 25,000
1 oz or more Felony 20 years $ 50,000
Distribution
Less than 1/8 oz Felony 10 years $ 25,000
1/8 oz or more Felony 20 years $ 50,000
Miscellaneous
Promoting through a minor Felony 10 years $ 25,000
Within school grounds, school vehicles, or a public park Felony 20 years $ 50,000
Discovery of marijuana in a vehicle may result in each occupant being charged with possession.
Penalty Details
Marijuana is a Schedule I hallucinogenic substance under the Hawaii Uniform Controlled Substances Act. It is also listed as a detrimental drug.

See

Hawaii Rev. Stat. § 329-14(d)(20) Web Search
Hawaii Rev. Stat. § 712-1240 Web Search
Possession for Personal Use
Possession of less than 1 ounce of marijuana is a petty misdemeanor punishable by up to 30 days imprisonment and/or a fine of $1,000. Possession of 1 ounce or more but less than 1 pound is a misdemeanor punishable by up to 1 year imprisonment and/or a $2,000 fine. Possession of 1 pound or more, of marijuana is a Class C felony punishable by up to 5 years imprisonment and/or a fine of up to $10,000.

See

Hawaii Rev. Stat. § 706-663 Web Search
Hawaii Rev. Stat. § 706-640 Web Search
Hawaii Rev. Stat. §§ 712-1247 to 1249 Web Search
Discovery of marijuana in a vehicle may result in each occupant being charged with possession unless the marijuana was found on an occupant's person or was in a compartment accessible only by occupants of that seat.

See:

Hawaii Rev. Stat. § 712-1251 Web Search
Possession with Intent to Distribute
Possession of 1 pound or more but less than 2 pounds is a class C felony punishable by up to 5 years in prison and/or $10,000 fine. Possession of 2 pounds or more but less than 25 pounds is a class B felony punishable by up to 10 years in prison and/or $25,000 fine. Possession of 25 pounds or more is a class A felony punishable by 20 years in prison and/or $50,000 fine.

See

Hawaii Rev. Stat. § 706-640 Web Search
Hawaii Rev. Stat. §§ 706-659 to 660 Web Search
Hawaii Rev. Stat. § 712-1247 Web Search
Hawaii Rev. Stat. §§ 712-1249.4 to 1249.5 Web Search
Possession with intent to distribute any amount of marijuana within 750 feet of school grounds or a park, or on or within 10 feet of a parked school vehicle is a class C felony punishable by up to 5 years in prison and/or $10,000 fine.

See

Hawaii Rev. Stat. § 706-640 Web Search
Hawaii Rev. Stat. § 706-660 Web Search
Hawaii Rev. Stat. § 712-1249.6 Web Search
Sale/Delivery
Distribution of less than 1 ounce of marijuana is a misdemeanor punishable by up to 1 year imprisonment and/or a $2,000 fine. Distribution of 1 ounce or more but less than 1 pound is a class C felony punishable by up to 5 years in prison and/or $10,000 fine. Distribution of 1 pound or more but less than 5 pounds is a class B felony punishable by 10 years in prison and a $25,000 fine. Distribution of 5 pounds or more of marijuana is a class A felony punishable by 20 years in prison and a $50,000 fine.

See

Hawaii Rev. Stat. § 706-640 Web Search
Hawaii Rev. Stat. §§ 706-659 to 660 Web Search
Hawaii Rev. Stat. §§ 712-1247 to 1248 Web Search
Hawaii Rev. Stat. §§ 712-1249.4 to 1249.5 Web Search
Distribution any amount of marijuana within 750 feet of school grounds or a park, or on or within 10 feet of a parked school vehicle is a class C felony punishable by up to 5 years in prison and/or $10,000 fine.

See

Hawaii Rev. Stat. § 706-640 Web Search
Hawaii Rev. Stat. § 706-660 Web Search
Hawaii Rev. Stat. § 712-1249.6 Web Search
Cultivation
Cultivation of 25 or more but less than 50 marijuana plants is a class C felony punishable by up to 5 years in prison and/or $10,000 fine. Cultivation of 50 or more but less than 100 plants is a class B felony punishable by 10 years in prison and/or $25,000 fine. Cultivation of 100 or more marijuana plants is a class A felony punishable by 20 years in prison and/or $50,000 fine.

See

Hawaii Rev. Stat. § 706-640 Web Search
Hawaii Rev. Stat. §§ 706-659 to 660 Web Search
Hawaii Rev. Stat. § 712-1247 Web Search
Hawaii Rev. Stat. §§ 712-1249.4 to 1249.5 Web Search
Cultivation of less than 25 marijuana plants on another's property without their permission is a class B felony punishable by 10 years in prison and/or $25,000 fine. Cultivation of 25 or more plants on another's property without their permission is a class A felony punishable by 20 years in prison and/or $50,000 fine.

See

Hawaii Rev. Stat. § 706-640 Web Search
Hawaii Rev. Stat. §§ 706-659 to 660 Web Search
Hawaii Rev. Stat. §§ 712-1249.4 to 1249.5 Web Search
Cultivation in a structure where the individual knows a person under the age of 16 years old is present results in an additional 2 years imprisonment on top of the sentence for cultivation. However, if the cultivation occurred in a structure where an individual 18 years old or younger was present and the cultivation causes substantial bodily injury to the minor, then the additional imprisonment will be a term of 5 years.

See

Hawaii Rev. Stat. § 712-1240.5 Web Search
Hash & Concentrates
All Marijuana, including Marijuana Concentrates, is classfied as Schedule I under Hawaii law. Marijuana Concentrates are classified as a "harmful drug". Under Hawaiian law, hashish, tetrahydrocannabinol, and any other salt, alkaloid, mixture, compound or derivative of marijuana qualifies as a Marijuana Concentrate. Cases applying this statute have determined that Marijuana Concentrates charges should only be brought when the compound in question contains THC but does not have the outward appearance of any part of the Marijuana plant. Case law has also confirmed that there is no minimum threshold of THC content required to classify a compound as a Concentrate, even if the THC content of the compound is less than the average for plant Marijuana.

Promoting a Harmful Drug 1st Degree



Class A Felony, up to 20 years imprisonment and a fine not exceeding $50,000
Possession of 1 ounce or more of Marijuana Concentrates or
Distribution of 1/8 ounce or more of Marijuana Concentrates or
Distribution of Marijuana Concentrates to a minor in any amount
Promoting a Harmful Drug 2nd Degree



Class B Felony, up to 10 years imprisonment and a fine not exceeding $25,000
Possession of 1/8 ounce or more of Marijuana Concentrates or
Distribution of any amount of Marijuana Concentrates
Promoting a Harmful Drug 4th Degree



Misdemeanor, up to 1 year imprisonment and a fine not exceeding $2000
Possession of any amount of Marijuana concentrates
See

Hawaii Rev. Stat §§ 712-1240, 1244, 1245, & 1246.5 Web Search
Hawaii Rev. Stat § 706-640 Web Search
Hawaii Rev. Stat § 706-659 Web Search
Hawaii Rev. Stat § 706-660 Web Search
Hawaii Rev. Stat § 706-663 Web Search
State v. Choy, 661 P.2d 1206 (Haw. Int. Ct. App. 1983). Web Search
Paraphernalia
Use or possession of paraphernalia is a class C felony punishable by up to 5 years in prison and/or a $10,000 fine. Sale or manufacture of paraphernalia is also a class C felony. Delivery of paraphernalia by a person 18 years or older to a minor at least 3 years their junior is a class B felony punishable by up to 10 years imprisonment and/or a $25,000 fine.

See

Hawaii Rev. Stat. § 329-43.5 Web Search
Sentencing
First time offenders who have plead or been found guilty of certain possession or distribution charges are eligible for suspended judgment and probation. Upon completion of the terms of the probation, the court shall discharge the offender and dismiss the proceedings against him. There may only be 1 discharge and dismissal for each person. Additionally, first time offenders for paraphernalia or possession charges are eligible for probation if they are non-violent, in need of substance abuse treatment, and have submitted a proposal to the court for treatment.

See

Hawaii Rev. Stat. § 712-1255 Web Search
Hawaii Rev. Stat. § 706-622.5 Web Search
Terms of imprisonment for felonies may increase if the offender has prior felony convictions or other conditions are met.

See

Hawaii Rev. Stat. § 706-662 Web Search
Forfeiture
Vehicles and other property may be seized for controlled substance violations. Seizures of property may be made on probable cause that they are subject to forfeiture or by the rules of civil procedure. The seizing agency has 20 days to give notice to all parties who have an interest in the property. They have 30 days to notify the prosecuting attorney, who has 45 days to initiate the forfeiture proceedings. A prosecuting attorney may instead file administrative forfeiture proceedings.

See

Hawaii Rev. Stat. § 329-55 Web Search
Hawaii Rev. Stat. § 712A Web Search
Miscellaneous
Promoting a controlled substance through a minor
Any person who uses an individual under the age of 18 to facilitate the distribution of a controlled substance is guilty of a class B felony punishable by B felony punishable by 10 years in prison and/or $25,000 fine, unless the offense occurred on or within school grounds, school vehicles, or a public park, in which case it is a class A felony punishable by 20 years in prison and/or $50,000 fine.

See

Hawaii Rev. Stat. § 706-640 Web Search
Hawaii Rev. Stat. §§ 706-659 to 660 Web Search
Hawaii Rev. Stat. § 712-1249.7 Web Search
Possession in a motor vehicle
Discovery of marijuana in a vehicle may result in each occupant being charged with possession unless the marijuana was found on an occupant person or was in a compartment accessible only by occupants of that seat.

See

Hawaii Rev. Stat. § 712-1251 Web Search
Driver's license of commercial driver
Shall revoke the license of a commercial driver if convicted of the unlawful transportation, possession, or use of a controlled substance while on duty.

See:

Hawaii Rev. Stat. §286-240(6) Web Search
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.

DRUGGED DRIVING

This state has a per se drugged driving law enacted. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have a detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids above a specific, state-imposed threshold. Further information about cannabinoids and their impact on psychomotor performance is available here. Additional information regarding cannabinoids and proposed per se limits is available here.

HEMP

This state has an active hemp industry or has authorized research. 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.

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.

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