Is weed legal in Hawaii?

Recreational cannabis is illegal in Hawaii. Medical cannabis is legal for registered 329 cardholders since 2000. Possession of 3 grams or less is decriminalized ($130 fine) since January 2020. Without a medical card, any possession over 3 grams is a criminal offense.

How do I get a medical cannabis card in Hawaii?

Apply online at medmj.ehawaii.gov. See a licensed physician or APRN (telehealth now allowed), complete the application, and pay $38.50 for one year. Since July 2025 (Act 241), any medical condition qualifies — the old specific-conditions list has been eliminated. DOH processes applications in 3-5 business days.

Can tourists buy cannabis in Hawaii?

Only with a medical card. Tourists holding a valid medical cannabis card from another state can apply for a temporary 329V visitor card ($49.50, valid 60 days) at medmj.ehawaii.gov. Without any medical card, purchasing or possessing cannabis in Hawaii is illegal.

What is decriminalized in Hawaii?

Possession of 3 grams or less of cannabis is decriminalized under Act 273 (effective January 11, 2020). It carries a $130 fine with no jail time and no criminal record. This is the smallest decriminalized amount in any U.S. state. Anything over 3 grams without a medical card is a criminal offense.

Is Cannabis Legal in Hawaii? Medical Yes, Rec No

Q: Why hasn't Hawaii legalized recreational cannabis?

The Hawaii State Senate has passed legalization bills repeatedly (2022, 2023, 2024), but the House of Representatives blocks them every time. Despite 58% public support and the governor's endorsement, House leadership has refused to advance any legalization measure. All House seats are on the November 2026 ballot.

Legal Disclaimer: This information reflects Hawaii cannabis law as of April 2026 and is for educational purposes only. It is not legal advice. Laws and regulations change — always verify current rules with the Hawaii Department of Health — OMCCR or a qualified attorney. Cannabis remains illegal under federal law.

Last verified: March 2026

The Short Answer: Medical Only — Recreational Is Illegal

Recreational cannabis is illegal in Hawaii. Unlike neighboring West Coast states, Hawaii has not legalized adult-use cannabis. Without a 329 medical card, possessing any amount over 3 grams is a criminal offense carrying potential jail time.

However, Hawaii has a well-established medical cannabis program. In 2000, Governor Ben Cayetano signed Act 228 (SB 862), making Hawaii the 8th state to legalize medical cannabis and the first to do so through a state legislature rather than a ballot initiative. Over 30,000 patients are currently registered.

Hawaii also decriminalized possession of 3 grams or less in 2020 under Act 273, reducing it to a $130 civil fine with no criminal record. But 3 grams is the smallest decriminalized amount in the country.

The medical use of cannabis by a qualifying patient shall be permitted only if the qualifying patient has been diagnosed by a physician as having a debilitating medical condition.
HRS §329-122 — Conditions of Use

Key Facts at a Glance

Recreational (Adult-Use)	Illegal — Not legalized, repeatedly blocked by the House
Medical Cannabis	Legal since 2000 for registered 329 cardholders
Decriminalized	3 grams or less = $130 fine, no criminal record (since Jan 2020)
329 Card Cost	$38.50/year; any medical condition qualifies (since July 2025)
Visitor Card (329V)	$49.50, valid 60 days, requires a valid out-of-state medical card
Patient Possession	4 oz usable cannabis, 10 plants (registered grow site only)
Dispensaries	8 licenses, 25 retail locations across 4 islands
Consumption	Private residences only — no lounges, Smoke Free Law applies
State Regulator	DOH Office of Medical Cannabis Control & Regulation (OMCCR)
Governing Law	HRS 329 (Part IX), HRS 329D, HRS 712, HRS 328J

A Brief History of Cannabis in Hawaii

2000: Act 228 (SB 862) signed by Governor Cayetano. Hawaii becomes the 8th state with legal medical cannabis and the first via legislature.
2013: Act 178 defines "adequate supply" as 10 plants and 4 oz usable cannabis.
2015: Act 241 creates the dispensary licensing system. PTSD added as a qualifying condition. Act 242 adds protections for patients in education, housing, medical care, and child custody.
2017: First dispensary sale occurs on Maui in August. Act 170 changes terminology from "marijuana" to "cannabis" in statutes.
2018: Act 116 creates out-of-state patient reciprocity (329V card). Act 159 establishes OMCCR within DOH.
2020: Decriminalization takes effect January 11 under Act 273 (3g or less = $130 fine).
2024: SB 3335 passes the Senate 19–6, dies in the House. Expungement pilot clears 1,321 records in Hawaii County.
2025: Three major laws enacted: Act 046 (caregiver expansion to 5 patients), Act 241/HB 302 (any condition qualifies, telehealth allowed), HB 132 (statewide expungement streamlining).
2026: Low-dose (SB 3275) and full legalization bills stall in the House. Speaker Nakamura declares legalization "effectively dead" for the session.

Why Hasn't Hawaii Legalized Recreational Cannabis?

The roadblock is consistently the Hawaii House of Representatives. The pattern repeats every year: the Senate passes a legalization bill with comfortable margins, and the House either refuses to hear it or kills it in committee. In 2025, HB 1246 — a comprehensive 300-page legalization bill — cleared two House committees before a rare motion to recommit effectively killed it.

Public opinion favors legalization. A 2023 poll showed 58% of Hawaii adults support it. Governor Josh Green has expressed support. State economists project $82 million in annual tax revenue. Yet the House leadership has blocked every attempt. With all House seats on the November 2026 ballot, election results may finally determine whether legalization advances.

For Visitors: You Need a Medical Card

Tourists cannot legally buy, possess, or use cannabis in Hawaii without a medical card. If you hold a valid medical cannabis card from another state, you can apply for a 329V temporary visitor card ($49.50, valid 60 days) at medmj.ehawaii.gov.

Explore Hawaii Cannabis Law

Dive deeper into specific topics with our detailed guides:

329 Medical Program

The only legal path to cannabis in Hawaii. Any condition, $38.50/yr, telehealth available.

Possession Limits

4 oz usable cannabis, 4 oz per 15 days at dispensaries, 10 plants per patient.

Home Cultivation

Patients only, 10 plants, registered grow site, enclosed/locked, plant tagging.

Where You Can Consume

Private residences only. No lounges. Smoke Free Law applies statewide.

Decriminalization

3g or less = $130 fine, no criminal record. The smallest amount in the US.

DUI & Driving Laws

No THC limit, implied consent, 48 hours to 5 days jail for a first offense.

Penalties

From $130 fine to 20 years. Steep escalation without a medical card.

Patient Cultivation

10 plants, registered grow site, tagging, enclosed/locked space required.

New to cannabis? Cannabis 101 on TryCannabis.org covers the basics — what cannabis is, how it works, and what to expect.

Is Weed Legal in Hawaii?