What are the penalties for cannabis possession in Hawaii?

Without a medical card: 3g or less is a $130 civil fine (decriminalized). Over 3g to 1 oz is a misdemeanor (30 days jail, $1,000 fine). Over 1 oz to 1 lb is a misdemeanor (1 year jail, $2,000 fine). Over 1 lb is a felony (5 years prison, $10,000 fine). Concentrates carry harsher penalties. With a 329 card, up to 4 oz is legal.

Is cannabis a felony in Hawaii?

Possession of over 1 pound, distribution, trafficking, and third-or-more DUI offenses are all felonies in Hawaii. Possession under 1 pound without a medical card is a misdemeanor. Large-scale trafficking can carry up to 20 years in prison. Having a 329 medical card provides immunity from criminal penalties for compliant possession up to 4 ounces.

What is the penalty for cannabis paraphernalia in Hawaii?

Possession of drug paraphernalia without a medical card carries a $500 fine under HRS §329-43.5. This includes pipes, bongs, rolling papers, grinders, and other cannabis-related items. Registered 329 medical patients using authorized paraphernalia are exempt from this penalty.

Can I get my cannabis record expunged in Hawaii?

Yes, for qualifying convictions. Act 273 (2019) allows expungement of possession convictions for 3 grams or less. A 2024 pilot program cleared 1,321 records in Hawaii County. HB 132 (2025) aims to streamline expungement statewide. Contact your county court for eligibility information.

What happens if I share cannabis with someone who does not have a medical card in Hawaii?

Sharing cannabis with a non-cardholder constitutes distribution, which is a felony in Hawaii carrying up to 5 years in prison and a $10,000 fine — even if no money changes hands. Patients should never share their medical cannabis with anyone who does not hold a valid 329 card.

Hawaii Cannabis Penalties — $130 Fine to Felony

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

Possession Penalties (Without a Medical Card)

If you do not hold a valid 329 medical cannabis card, possession penalties depend on the amount and type of cannabis:

Amount	Classification	Maximum Penalty
≤3 grams	Violation (decriminalized)	$130 fine, no jail, no record
>3g to <1 oz	Petty misdemeanor	30 days jail, $1,000 fine
1 oz to <1 lb	Misdemeanor	1 year jail, $2,000 fine
1–2 lbs	Class C felony	5 years jail, $10,000 fine
2–25 lbs	Class B felony	10 years jail, $25,000 fine
≥25 lbs	Class A felony	20 years jail, $50,000 fine

Concentrate Penalties

Cannabis concentrates (wax, shatter, oil, dabs) carry significantly harsher penalties than flower. Concentrates are treated differently because of their higher THC potency:

Amount	Classification	Maximum Penalty
Less than 1/8 oz concentrate	Misdemeanor	1 year jail, $2,000 fine

For comparison, possessing less than 1/8 ounce of flower might fall under the 3-gram decriminalization threshold ($130 fine). The same weight in concentrate is a criminal misdemeanor with up to a year in jail. This disparity catches many people off guard.

Concentrates Are Treated Differently

Vape cartridges, wax, shatter, and other concentrates are not covered by the 3-gram decriminalization. Even a small amount of concentrate without a medical card is a misdemeanor carrying up to 1 year in jail and a $2,000 fine. If you use concentrates, a 329 card is essential.

Paraphernalia

Possession of drug paraphernalia under HRS §329-43.5 is a separate offense carrying a $500 fine. This includes:

Pipes, bongs, water pipes
Rolling papers and blunt wraps
Grinders
Any item intended for cannabis consumption (for non-patients)

Registered 329 patients using authorized paraphernalia are exempt from this penalty.

Distribution & Sale Penalties

Selling, distributing, or sharing cannabis carries penalties far more severe than simple possession:

Offense	Classification	Maximum Penalty
Distribution (any amount)	Felony	Up to 5 years prison, $10,000 fine
Distribution near schools	Enhanced felony	Increased penalties, mandatory minimums
Distribution to minors	Enhanced felony	Increased penalties, mandatory minimums
Large-scale trafficking	Class A/B felony	Up to 20 years prison

Sharing cannabis with a friend who does not have a medical card constitutes distribution — even if no money changes hands. Patients should never share their cannabis with non-patients.

Patient Protections

Registered 329 medical cannabis patients enjoy immunity from criminal penalties for cannabis-related activities while in compliance with program rules. This protection covers:

Possession of up to 4 ounces of usable cannabis
Cultivation of up to 10 plants at a registered grow site
Purchase from licensed dispensaries within the 15-day tracking window
Use of cannabis paraphernalia

Patient immunity does NOT cover:

Driving under the influence
Public consumption
Exceeding possession or cultivation limits
Distribution to non-patients
Workplace use

No person shall be subject to arrest or prosecution for the medical use of cannabis in compliance with this part.
HRS §329-125 — Protections for Qualifying Patients

DUI Penalties

Cannabis-related DUI carries its own penalty schedule under HRS §291E-61:

Offense	Jail	Fine	License Suspension
1st DUI	48 hours – 5 days	$150 – $1,000	1 year – 18 months
2nd DUI (within 5 years)	5 – 30 days	$500 – $1,500	Up to 2 years
3rd+ DUI (within 10 years)	Up to 5 years	Varies	Varies

For complete details on driving laws, implied consent, and testing, see our DUI & Driving page.

Expungement

Hawaii is making progress on clearing old cannabis records:

Act 273 (2019): Provided expungement for convictions of possession of 3 grams or less
2024 pilot: Hawaii County cleared 1,321 criminal records through a targeted expungement program
HB 132 (2025): Aims to streamline expungement statewide across all four counties, making it easier for individuals with qualifying convictions to clear their records

Protect Yourself: Get a 329 Card

The difference between having and not having a medical card in Hawaii is dramatic. With a card, 4 ounces is legal. Without one, the same amount is a serious criminal offense. If you have any medical condition that cannabis might help, the $38.50 annual card provides immunity from criminal penalties.

Penalty Quick Reference

Situation	With 329 Card	Without 329 Card
Possess 3g or less	Legal	$130 fine (decriminalized)
Possess 1 ounce	Legal	Misdemeanor: 1 year jail, $2,000 fine
Possess 4 ounces	Legal (at limit)	Misdemeanor/Felony: up to 5 years
Grow 10 plants	Legal (registered site)	Felony
Vape cartridge (concentrate)	Legal	Misdemeanor: 1 year jail, $2,000 fine
Paraphernalia	Legal	$500 fine

Cannabis Penalties in Hawaii