Last verified: March 2026
What Was Decriminalized?
On January 11, 2020, Hawaii became the 27th state to decriminalize cannabis when Act 273 (HB 1383) took effect. Under this law, possession of 3 grams or less of cannabis is treated as a civil violation rather than a criminal offense.
How It Works
If you are found with 3 grams or less of cannabis (without a medical card):
- You receive a $130 civil fine — similar to a traffic ticket
- There is no arrest and no jail time
- The violation creates no criminal record
- You will not be fingerprinted or booked
However, possessing even slightly more — 3.1 grams — is a criminal misdemeanor punishable by up to 30 days in jail and a $1,000 fine. The jump from civil violation to criminal offense is immediate and severe.
Any person who knowingly possesses three grams or less of marijuana commits a violation and shall be fined $130.
Act 273 (HB 1383, SLH 2019) — Cannabis Decriminalization
The Smallest Amount in America
Hawaii's 3-gram threshold is the smallest decriminalized amount of any U.S. state. For context:
| State | Decriminalized Amount | Fine |
|---|---|---|
| Hawaii | 3 grams | $130 |
| North Carolina | 0.5 ounces (14g) | $200 |
| New York | 3 ounces (85g) | $0 (legal) |
| Oregon | 1 ounce (28g) | $0 (legal) |
| Mississippi | 30 grams | $250 |
Three grams is roughly equivalent to one large pre-roll joint or a few small bowls. Hawaii also has the highest decriminalization fine among states with similar laws.
Three grams is about the weight of a single U.S. penny. It is roughly one pre-rolled joint or 2–3 small pipe bowls. If you purchase a standard "eighth" (3.5 grams) from a dispensary without a medical card, you would already exceed the decriminalization threshold and face criminal charges.
What Decriminalization Does NOT Do
Decriminalization is not legalization. Important distinctions:
- Cannabis is still illegal — possession of 3g or less is still a violation, just not a criminal one
- No legal purchases — you still cannot buy cannabis without a 329 card
- No legal growing — cultivation remains criminal without a medical card
- No protection from other charges — distribution, DUI, and paraphernalia charges still apply
- Amounts over 3g remain criminal — there is no grace period or sliding scale
- Concentrates not covered — the 3-gram threshold applies to cannabis flower only; concentrate penalties are harsher
Expungement of Past Convictions
Act 273 also provided for expungement of prior convictions for possession of 3 grams or less. In 2024, a pilot program in Hawaii County successfully cleared 1,321 criminal records.
In 2025, HB 132 was introduced to streamline expungement statewide, making it easier for individuals with qualifying convictions to have their records cleared across all four counties.
The Push to Expand: 15 Grams
In 2025, SB 319 proposed increasing the decriminalized amount from 3 grams to 15 grams (just over half an ounce). The bill was defeated in the Senate by a vote of 12–11 — a single vote short of passage.
Advocates argue that 3 grams is too small to be meaningful. Opponents raised concerns about effectively legalizing recreational use without a regulatory framework. The narrow defeat suggests this issue will return in future sessions.
Penalty Comparison: Below and Above 3 Grams
| Amount | Classification | Maximum Penalty | Criminal Record? |
|---|---|---|---|
| 3g or less | Civil violation | $130 fine | No |
| 3.1g to 1 oz | Misdemeanor | 30 days jail, $1,000 fine | Yes |
| 1 oz to 1 lb | Misdemeanor | 1 year jail, $2,000 fine | Yes |
| Over 1 lb | Felony | 5 years prison, $10,000 fine | Yes |
For full penalty details including distribution and concentrate offenses, see our penalties page.
The safest legal path remains the 329 medical program, which provides immunity from criminal penalties for compliant patients and allows possession of up to 4 ounces.
For in-depth cannabis education, dosing guides, safety information, and research summaries, visit our partner site TryCannabis.org