Can You Legally Use Cannabis in Hawaii? Here’s What the Law Says About Medical and Recreational Use
The Basics: Is Cannabis Legal in Hawaii?
As of now, Hawaii allows medical marijuana but has not fully legalized recreational use. This means patients with qualifying medical conditions can legally use cannabis with a medical marijuana card, but for everyone else, possessing or using marijuana remains illegal. However, Hawaii has taken steps toward decriminalization. While small amounts of cannabis are no longer punishable with jail time, they can still result in fines. Additionally, lawmakers have been debating the possibility of legalizing recreational cannabis, but as of early 2025, no such law has been passed.Medical Marijuana: Who Qualifies?
Hawaii legalized medical marijuana back in 2000, making it one of the first states to do so. Patients with qualifying medical conditions can apply for a 329 card, which grants legal access to medical cannabis. Qualifying conditions include:- Cancer
- Glaucoma
- HIV/AIDS
- Post-traumatic stress disorder (PTSD)
- Severe pain
- Severe nausea
- Seizures, including epilepsy
- Persistent muscle spasms, including multiple sclerosis
- Cachexia or wasting syndrome
Where Can Medical Marijuana Patients Get Cannabis?
While medical marijuana has been legal for over two decades, dispensaries didn’t open in Hawaii until 2017. Now, licensed dispensaries operate on several islands, including Oahu, Maui, Hawaii Island, and Kauai. Medical cardholders can purchase cannabis products such as:- Flower (buds)
- Oils and tinctures
- Capsules and tablets
- Edibles (although limited)
- Topicals and ointments
Can Visitors Use Medical Cannabis in Hawaii?
Yes — but with some effort. Hawaii has a medical marijuana reciprocity program, which allows out-of-state patients with valid medical marijuana cards to apply for a temporary Hawaii 329 card. This temporary card is valid for up to 60 days and allows visitors to purchase cannabis from local dispensaries. To apply, visitors must:- Have a valid medical marijuana card from their home state.
- Apply online through Hawaii’s medical cannabis registry before arrival.
- Pay a nonrefundable application fee.
Recreational Cannabis: What’s the Law?
Despite growing national momentum for legalization, recreational cannabis remains illegal in Hawaii. Possessing cannabis without a medical card can result in:- A $130 fine for possession of three grams or less (decriminalized but still illegal).
- Up to 30 days in jail and a $1,000 fine for possession of more than three grams but less than one ounce.
- Harsher penalties for larger amounts, cultivation, or intent to distribute.
Can You Grow Cannabis at Home?
Medical marijuana patients with a valid 329 card can grow their own cannabis at home — up to ten plants per patient, and the plants must be grown at the patient’s or caregiver’s residence. The plants need to be labeled with the patient’s 329 card number and can only be used for personal medical use. For recreational users, home cultivation is illegal and can lead to criminal charges.The Push for Recreational Legalization
Hawaii’s lawmakers have been debating recreational legalization for years. In 2023, the state Senate passed a bill to legalize adult-use cannabis, but the measure stalled in the House. Advocates argue that legalization could generate significant tax revenue, reduce the burden on the legal system, and address social justice issues related to cannabis enforcement. Opponents raise concerns about public safety, youth access, and the potential impact on Hawaii’s tourism-dependent economy. As of now, no recreational legalization law has been passed, but the debate is ongoing, and the situation could change in the coming years.Cannabis and Driving: Don’t Risk It
Whether you’re a medical cardholder or not, driving under the influence of cannabis is illegal in Hawaii. Law enforcement can conduct field sobriety tests, and if you’re found impaired, you could face:- License suspension
- Fines
- Jail time
- A criminal record