Is Weed Legal in Hawaii? (2026)

Instrument

Possession of marijuana (3 grams or less a violation); medical use conditions

Source

https://www.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0712/HRS_0712-1249.htm

Retrieved

2026-11-07

Fingerprint

137570231b7cc286

§712-1249  Promoting a detrimental drug in
the third degree.
  (1)  A person commits the offense of promoting a
detrimental drug in the third degree if the person knowingly possesses any
marijuana or any Schedule V substance in any amount.

     (2)  Promoting a detrimental drug in the third
degree is a petty misdemeanor; provided that possession of three grams or less
of marijuana is a violation, punishable by a fine of $130. [L 1972, c 9, pt of
§1; am L 1975, c 163, §6(k); gen ch 1993; am L 2019, c 273, §3; am L 2019, c
273, §3]

§329-122  Medical
use of cannabis; conditions of use.
  (a)  Notwithstanding any law to the
contrary, the medical use of cannabis by a qualifying patient eighteen years of
age or older shall be permitted only if:

     (1)  The physician, advanced practice registered
nurse, or hospice provider who has determined the patient to be a qualifying
patient has explained the potential risks and benefits of the medical use of
cannabis to the qualifying patient and documented in the qualifying patient's
medical record that the qualifying patient understands the potential risks and
benefits of the medical use of cannabis; and

     (2)  The amount of cannabis possessed by the
qualifying patient does not exceed an adequate supply.

(e)  The authorization for the medical use of
cannabis in this section shall not apply to:

     (1)  The medical use of cannabis that endangers the
health or well-being of another person;

     (2)  The medical use of cannabis:

          (A)  In a school bus, public bus, or any
moving vehicle;

          (B)  In the workplace of one's employment;

          (C)  On any school grounds;

          (D)  At any public park, public beach, public
recreation center, recreation or youth center; or

          (E)  At any other place open to the public;
provided that a qualifying patient, primary caregiver, qualifying out-of-state
patient, caregiver of a qualifying out-of-state patient, or an owner or
employee of a medical cannabis dispensary licensed under chapter 329D shall not
be prohibited from transporting cannabis or any manufactured cannabis product,
as that term is defined in section 329D-1, in any public place; provided
further that the cannabis or manufactured cannabis product shall be transported
in a sealed container, not be visible to the public, and shall not be removed
from its sealed container or consumed or used in any way while it is in the
public place; and

     (3)  The use of cannabis by a qualifying patient,
parent, primary caregiver, qualifying out-of-state patient, or caregiver of a
qualifying out-of-state patient, for purposes other than medical use permitted
by this part.