Is Weed Legal in Hawaii? Hawaii Marijuana Laws 2026

By James Buddsey · Updated October 22, 2026

No. Recreational marijuana is still illegal in Hawaii as of October 2026, but medical cannabis is legal for registered patients, and possessing 3 grams or less is a non-criminal violation with a $130 fine. Registered patients, including visitors who register their home-state medical card, may possess up to 4 ounces and buy at licensed dispensaries.

Hawaii legalized medical cannabis in 2000, but every attempt to legalize adult use has stalled in the Legislature. This guide, for residents and visitors, covers the law as of October 2026 with links to the statutes behind each rule. It is general information, not legal advice.

Hawaii Cannabis Laws at a Glance

Topic	The rule in Hawaii	Source
Legal status	Medical only; no legal adult-use market	HRS chapter 329, part IX
Possession without a card	3 g or less: $130 violation; more is a crime	HRS 712-1249
Medical possession limit	4 oz of usable cannabis (including products) and 10 plants for in-state patients	HRS 329-121
Where to buy	Licensed medical dispensaries only, open 8 a.m. to 8 p.m.; no delivery	HRS 329D-6
Visitors	Out-of-state cardholders can register for up to 60 days ($49.50 fee)	Hawaii DOH
Public use	Not allowed, even for patients	HRS 329-122(e)
Home grow	Registered in-state patients only, within the 10-plant limit	HRS 329-121
Driving	No THC number; impairment-based DUI	HRS 291E-61
Regulator	Department of Health, Office of Medical Cannabis Control and Regulation	health.hawaii.gov

Is Marijuana Legal in Hawaii?

Only for medical use. The Legislature legalized medical cannabis in 2000, and in 2015 Act 241 created the licensed dispensary system now found in HRS chapter 329D, according to the Department of Health. Dispensaries could begin dispensing as early as July 2016 with department approval.

Recreational use remains illegal. Legalization bills have passed the Senate in past sessions and died in the House. In 2026, lawmakers introduced proposed constitutional amendments (SB 2420 and HB 1624) that would have let adults 21 and over possess personal-use amounts starting no earlier than July 1, 2027. Neither made the ballot: the two statewide questions on the November 3, 2026 ballot concern bonds and judicial appointments, according to Ballotpedia.

Possession Penalties in Hawaii

Without a medical card, penalties depend on weight:

3 grams or less: a violation, not a crime, punishable by a $130 fine under HRS 712-1249, as amended by Act 273 of 2019.
More than 3 grams and under 1 ounce: a petty misdemeanor, punishable by up to 30 days in jail (HRS 706-663) and a fine of up to $1,000 (HRS 706-640).
1 ounce or more, or distributing any amount: a misdemeanor under HRS 712-1248, punishable by up to one year in jail and a $2,000 fine.
1 pound or more, 25 or more plants, or any sale: a class C felony under HRS 712-1247, with a fine of up to $10,000.
2 pounds or more, or 50 or more plants: commercial promotion, a class B felony under HRS 712-1249.5. Selling any amount to a minor falls in the same category.

Counties cannot opt out: Hawaii’s courts held a Hawaii County ordinance making cannabis the lowest police priority preempted by state law.

Medical Cannabis in Hawaii: the 329 Card

Patients register with the Department of Health for a “329 card.” Under HRS 329-122, an adult patient needs certification from a physician, advanced practice registered nurse or hospice provider Patients under 18 need a parent or guardian as caregiver.

Listed conditions include cancer, glaucoma, HIV/AIDS, epilepsy, multiple sclerosis, PTSD and conditions causing severe pain or nausea, per the DOH conditions page. Since Act 241 of 2025, a patient’s primary treating provider in Hawaii may also certify unlisted conditions.

State fee: $35 for a one-year registration, plus a $1.05 administrative fee, according to the DOH application page.
Provider fee cap: Act 241 of 2025 caps the certification fee at three times the DOH fee: $105 for a one-year certification, per the DOH fees page.
Possession limit: an “adequate supply” of up to 4 ounces of usable cannabis, counting products, and 10 plants, shared between patient and caregiver (HRS 329-121).

Hawaii Dispensaries: Who Can Buy, Hours and Delivery

Only 329 cardholders and caregivers can buy, showing a government photo ID and your 329 card (HRS 329D-7). Under HRS 329D-6, dispensaries may sell only between 8 a.m. and 8 p.m., and may not deliver. The state tracks each patient’s purchases across all dispensaries in 15-day periods.

The DOH dispensary list shows licensed dispensaries on four islands: Hawaii Island, Maui, Oahu and Kauai.

Can Tourists Buy Weed in Hawaii?

Only tourists with a medical card from home. Hawaii lets visitors who hold a valid, unexpired medical cannabis card from another U.S. state, territory or D.C. register as “qualifying out-of-state patients” under HRS 329-123.5. The DOH out-of-state page sets the details:

Bring a photo ID from the state that issued your card; your condition must qualify under Hawaii law.
The fee is a non-refundable $49.50.
Registration lasts up to 60 days, renewable once per calendar year, and ends early if your home card expires.

Visiting patients may possess up to 4 ounces but may not grow plants. Visitors without a medical card have no legal way to buy.

Where You Can Use Medical Cannabis

Medical protection does not cover use in public. HRS 329-122(e) excludes use on a school bus, public bus or any moving vehicle; at work; on school grounds; at any public park, public beach or recreation center; and at any other place open to the public. Patients may carry cannabis in public only in a sealed container that is not visible. In practice, that leaves private residences, with the owner’s permission.

Growing Cannabis at Home in Hawaii

Only registered in-state patients and their primary caregivers may grow, and the total may not exceed 10 plants, mature or immature (HRS 329-121). Out-of-state patients may not cultivate. For anyone else, 25 or more plants is a felony under HRS 712-1247.

Driving, Flying and Federal Land

Driving: HRS 291E-61 makes it a crime to drive under the influence of any drug that impairs your ability to drive carefully. There is no THC blood limit. A first offense brings a license revocation of one year to 18 months.
Flying: Flights, including interisland trips, pass through federal jurisdiction, and the Department of Health advises patients not to travel with cannabis.
Federal land: National parks and military bases follow federal law. In April 2026 the federal government moved state-licensed medical marijuana to Schedule III, but adult-use marijuana remains Schedule I. See our federal law guide.

CBD, Delta-8 and Hemp Products in Hawaii

Hawaii regulates hemp products under HRS 328G-3, which caps hemp products at 0.3% THC and bans products containing artificially derived cannabinoids (such as delta-8 converted from CBD) or synthetic cannabinoids, inhalable hemp products such as vapes, and cannabinoids added to food unless DOH rules allow it. Chapter 328G is set to be repealed on July 1, 2027. Federally, under H.R. 5371, cannabinoids the plant cannot naturally produce, such as THC-O, leave the hemp definition on November 12, 2026, and converted cannabinoids such as delta-8, plus a 0.4 mg total THC per container cap, follow on December 11, 2026.

What Changed Recently

In 2026, legalization amendments SB 2420 and HB 1624 were introduced but did not reach the ballot, and DOH launched a new patient registry portal on September 30. In 2025, Act 241 expanded who can certify patients and capped certification fees. A pilot project to expunge certain possession arrest records was created by 2024 Act 62 and amended by 2025 Act 5.

From the editor, James Buddsey: Visitors are often surprised that Hawaii has no legal recreational market. If you hold a medical card at home, register before you fly and buy on the island. If you don’t, Hawaii does not sell to you.

Hawaii Marijuana Laws FAQ