Is marijuana legal in Hawaii?
Only for medical use. As of 2026, Hawaii allows medical cannabis for registered qualifying patients, who may possess up to 4 ounces and grow up to 10 plants. Recreational marijuana is not legal, but possessing 3 grams or less is a $130 violation.
Status checked November 4, 2026
Contents
Marijuana laws in Hawaii
Hawaii created a medical cannabis program in 2000 through Act 228. Qualifying patients 18 and older may use medical cannabis if they have a written certification and do not possess more than an adequate supply: 10 cannabis plants, immature or mature, and 4 ounces of usable cannabis at any time, jointly with a primary caregiver. Out-of-state patients may register with the Department of Health and possess up to 4 ounces, but they may not grow plants.
Patients and caregivers may grow only at a location listed on the 329 card: the patient’s residence, the caregiver’s residence, or another site the patient or caregiver owns or controls. Act 046 of 2025 again let primary caregivers cultivate for patients, up to five patients, with no more than five patients’ cannabis at one location. Licensed dispensaries also sell medical cannabis.
Adult-use marijuana is not legal. For people who are not registered patients, possessing 3 grams or less is a violation with a $130 fine under HRS §712-1249(2). More than 3 grams is a petty misdemeanor, and larger amounts or sales bring higher charges. Medical use is not allowed on a school or public bus, in a moving vehicle, at work, on school grounds, or at a public park, beach or recreation center. Marijuana remains illegal under federal law, apart from state-licensed medical marijuana, which moved to Schedule III in April 2026.
Hawaii State Capitol, Honolulu Photo: Adobe Stock (editorial use only).
What the law says
Legal
- the medical use of cannabis by a qualifying patient eighteen years of age or older shall be permitted only if:
- The amount of cannabis possessed by the qualifying patient does not exceed an adequate supply.
- an "adequate supply" shall not exceed: ten cannabis plants, whether immature or mature, and four ounces of usable cannabis at any given time.
Not legal
- The medical use of cannabis:
- In a school bus, public bus, or any moving vehicle;
- In the workplace of one's employment;
- On any school grounds;
- At any public park, public beach, public recreation center, recreation or youth center; or
- At any other place open to the public;
Quoted from HRS §329-122(a), §329-121.
How old do you have to be to use marijuana in Hawaii?
There's no legal age to buy recreational weed in Hawaii, because recreational marijuana is illegal at any age. Medical cannabis is for qualifying patients 18 and older with a certification, or for younger patients through a parent, guardian or legal custodian who serves as caregiver. For everyone else, possessing 3 grams or less is a $130 violation, not a legal purchase age.
How much marijuana can you have in Hawaii?
If you are a registered qualifying patient in Hawaii, you and your primary caregiver together may have up to 10 plants and 4 ounces of usable cannabis at a time. That 4 ounces includes manufactured cannabis products. At home, plants have to be grown at the site listed on the 329 card and tagged. In a car, medical cannabis may be transported in a sealed container that is not visible and may not be taken out or used in public. For people without a card, 3 grams or less is a $130 violation; more than 3 grams is a petty misdemeanor.
Where can you buy marijuana in Hawaii?
You can't buy recreational weed anywhere in Hawaii. Registered qualifying patients, and registered out-of-state patients, can buy at licensed medical cannabis dispensaries. There are a limited number of licensed dispensaries in the state. Buying from an unlicensed shop is illegal, and Act 241 of 2025 added criminal penalties for unlicensed dispensary operations.
Can you grow marijuana at home in Hawaii?
Only registered qualifying patients and their primary caregivers can grow cannabis in Hawaii, and only at a grow site listed on the 329 card. An adequate supply is no more than 10 plants. Caregivers may again cultivate for patients under Act 046 of 2025, for up to five patients, and a location may be used for no more than five patients. Out-of-state patients cannot grow. Beginning January 1, 2028, Act 241 says cultivation without a Department of Health cannabis cultivator license will be prohibited; how that date interacts with patient home grows should be re-checked as it approaches.
Where can you use marijuana in Hawaii?
You can use medical cannabis in Hawaii mainly on private property. The medical law does not allow use on a school or public bus, in any moving vehicle, at work, on school grounds, or at a public park, beach, recreation center or other place open to the public. Patients may transport cannabis in public if it stays in a sealed container and is not visible or consumed there. Recreational public use has no legal path.
How do you get a medical marijuana card in Hawaii?
To get a medical marijuana card in Hawaii, you need a written certification from a physician, advanced practice registered nurse or hospice provider, then you register with the Department of Health for a 329 card. Certifications are generally valid for one year, or up to three years if the provider says the condition is chronic. Qualifying out-of-state patients register separately, pay a fee, and receive a Hawaii registry card; they cannot grow plants.
Can visitors buy or use marijuana in Hawaii?
Out-of-state visitors can't buy recreational marijuana in Hawaii. Visitors who already have a valid medical cannabis card from another state, territory or D.C. can register with the Department of Health as qualifying out-of-state patients, show matching photo ID, attest that their condition qualifies under Hawaii law, and then possess up to 4 ounces. They cannot grow plants. Taking cannabis on an interisland flight or out of Hawaii is not protected the same way as in-state medical use and remains subject to federal law.
What are the rules on driving and marijuana in Hawaii?
No, you can't drive high in Hawaii. Medical use is not allowed in any moving vehicle, and cannabis being transported has to stay in a sealed container that is not opened or used on the way. Impaired driving remains a crime under Hawaii traffic law.
Can an employer in Hawaii fire you for using marijuana?
Yes, you can get fired for using marijuana in Hawaii. The medical-use statute says the authorization does not apply to medical use in the workplace. Hawaii has separate anti-discrimination language for patients in some contexts, but employers can still restrict on-the-job use, possession and impairment, and federal-rule jobs are unchanged.
What are the penalties for breaking marijuana laws in Hawaii?
For people without a medical card, possessing 3 grams or less of marijuana in Hawaii is a violation with a $130 fine. Possessing more than 3 grams is promoting a detrimental drug in the third degree, a petty misdemeanor. One ounce or more can be a misdemeanor, and higher plant or weight thresholds are felonies under HRS 712-1247 through 712-1249.5. Registered patients are protected only within an adequate supply and the location rules.
Are CBD, hemp and delta-8 products legal in Hawaii?
Hemp and some hemp-derived CBD products are regulated separately in Hawaii. Act 241 of 2025 lets licensed medical dispensaries sell hemp products and medical-use accessories, except in waiting rooms. Intoxicating hemp items, including delta-8 and high-THCA products, can still cross into marijuana rules if they do not meet hemp limits. Separately, a stricter federal hemp definition, with a total-THC standard that counts THCA and a 0.4 mg-per-container cap, takes effect December 11, 2026.
Does federal law still apply in Hawaii?
Yes. Federal law still applies in Hawaii. Marijuana remains a Schedule I controlled substance under federal law, with one exception: since April 28, 2026, marijuana covered by a state medical marijuana license and FDA-approved marijuana products are in Schedule III. A broader federal rescheduling proceeding was stayed on September 29, 2026, and has no decision date. State law does not change federal rules on federal land, on carrying marijuana across state lines, or on federally required drug testing, such as for DOT-regulated jobs.
Has the law in Hawaii changed recently, or is it about to?
When will weed be legal in Hawaii? No adult-use date is set. Recent changes are on the medical side: Act 046 of 2025 restored caregiver cultivation, and Act 241 of 2025 tightened unlicensed-dispensary penalties, allowed certain hemp sales at dispensaries, and set a January 1, 2028 date after which cultivation without a DOH cannabis cultivator license is prohibited. At the federal level, state-licensed medical marijuana moved to Schedule III on April 28, 2026. New federal hemp limits begin November 12 and December 11, 2026.
Legislation
Sources (7)
- HRS §329-121 (adequate supply) capitol.hawaii.gov
- HRS §329-122 (conditions of medical use) capitol.hawaii.gov
- HRS §712-1249 (possession; 3-gram violation) capitol.hawaii.gov
- health.hawaii.gov
- Act 046, Session Laws of Hawaii 2025 (caregiver cultivation) health.hawaii.gov
- dea.gov
- congress.gov
General information, not legal advice. Laws change often, so check with the state's cannabis agency before relying on this.
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