Recent Cannabis Legislation (2025–2026)

Last verified: March 2026

2025: Three Laws That Transformed the Medical Program

The 2025 legislative session produced three enacted laws that collectively represent the biggest expansion of Hawaii's medical cannabis program since its creation in 2000. These laws took effect in mid-2025 and are now fully in force.

Act 241 (HB 302): The Biggest Medical Expansion Ever

Effective July 1, 2025

Act 241 is the most significant single piece of cannabis legislation Hawaii has enacted since the original 2000 legalization. It fundamentally changes how patients access the medical program:

• Open-ended qualifying conditions: The old list of specific qualifying conditions has been eliminated. Any medical condition now qualifies if a physician or APRN determines cannabis may benefit the patient. This effectively opens the program to anyone with a willing doctor.
• Telehealth for initial certifications: Patients can now obtain their initial medical cannabis certification via telehealth, without an in-person visit. This is particularly significant for patients on neighbor islands with limited physician access.
• Hemp product sales at dispensaries: Licensed dispensaries may now sell hemp-derived products alongside medical cannabis products.
• Warrant-less inspection authority: Act 241 grants DOH warrant-less inspection authority over medical cannabis provider records. This provision was controversial — privacy advocates objected, and Governor Green initially hesitated before signing the bill.

Act 241 removes the requirement for specific qualifying conditions and allows any patient with a physician certification to participate in the medical cannabis program.

HB 302 (Act 241, SLH 2025)

Act 046 (SB 1429): Caregiver Expansion

Act 046 addresses two critical issues that had created uncertainty for patients:

• Caregiver limit expanded to 5 patients: Previously, a caregiver could serve only 1 patient. Act 046 raises this to 5 patients, with a maximum of 5 patients per cultivation location.
• Cultivation rights retroactively restored: Patient cultivation rights had sunset on December 31, 2024. Act 046 retroactively restores these rights, ensuring no gap in legal cultivation authority.
• Penalties: Violations carry fines of up to $5,000 per violation.

HB 132: Expungement Streamlining

HB 132 builds on the success of a 2024 pilot program that cleared 1,321 cannabis conviction records in Hawaii County. The new law streamlines the expungement process statewide, making it easier for individuals with past cannabis convictions to clear their records. This addresses a key social equity concern: people with old convictions for conduct that is now legal or decriminalized shouldn't carry criminal records.

2026 Session: Legalization Stalls, Medical Advances

The 2026 legislative session continues the pattern of medical progress but recreational gridlock.

SB 3315: Immediate Medical Access (Passed Senate 25–0)

SB 3315 passed the Senate unanimously, 25–0 — the strongest vote for any cannabis measure in Hawaii history. The bill would grant patients immediate medical cannabis access upon submission of their registration, eliminating the current wait for DOH processing. Under current rules, patients must wait for DOH to process and approve their application before they can legally purchase cannabis. SB 3315 would allow access from the moment of submission.

As of March 2026, SB 3315 awaits action in the House.

SB 3275: Low-Dose Legalization (Failed)

SB 3275 proposed a cautious "low-dose" approach to legalization, capping THC at 5mg per serving. The concept was designed as a middle ground — allowing adult access to low-potency products while maintaining restrictions on higher-potency cannabis. The bill failed to advance.

SB 2421: Federal-Contingent Legalization (Failed)

SB 2421 would have legalized recreational cannabis in Hawaii only if the federal government deschedules or reschedules cannabis first. This safety-first approach tied Hawaii's timeline to federal DEA action. The bill failed to advance.

Ballot Measure and Federal Resolutions

Rep. David Tarnas proposed putting legalization directly before voters on the November 2026 ballot, bypassing House leadership entirely. The proposal did not advance. Additionally, congressional resolutions SCR 64 and HCR 138 were introduced urging federal descheduling of cannabis — signaling Hawaii's position but carrying no legal force.

Speaker Nakamura: "Effectively Dead"

House Speaker Nadine Nakamura publicly declared legalization "effectively dead" for the 2026 session, closing the door on any recreational measure advancing through the House this year.

Legalization is effectively dead for this session.

Speaker Nadine Nakamura, 2026 Legislative Session

HB 132 Continuation: Expungement Streamlining

The expungement streamlining effort that began with HB 132 in 2025 continues in the 2026 session. The 2024 pilot program's success in Hawaii County — clearing 1,321 records — demonstrated both the demand and the feasibility of automated expungement. Legislators are working to expand the process to all counties and reduce administrative barriers.

What's Next: November 2026

All House seats and half the Senate seats are on the November 2026 ballot. Given that the House has been the sole obstacle to legalization for four consecutive years, these elections may determine whether cannabis reform advances in the 2027 session. The Senate has demonstrated overwhelming support (25–0 for SB 3315). Governor Green supports legalization. The question is whether voters will elect a House that finally agrees.

Related on this site: Hawaii Cannabis Legalization Timeline, Hawaii Cannabis Ballot Measure &..., Hawaii OMCCR.