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Hawaii  Marijuana Laws

Penalty Details
Marijuana is a Schedule I hallucinogenic substance under the Hawaii Uniform Controlled Substances Act. It is also listed as a detrimental drug.

Possession for Personal Use
Possession of less than 1 ounce of marijuana is a petty misdemeanor punishable by up to 30 days imprisonment and/or a fine of $1,000. Possession of 1 ounce or more but less than 1 pound is a misdemeanor punishable by up to 1 year imprisonment and/or a $2,000 fine. Possession of 1 pound or more, of marijuana is a Class C felony punishable by up to 5 years imprisonment and/or a fine of up to $10,000.

Discovery of marijuana in a vehicle may result in each occupant being charged with possession unless the marijuana was found on an occupant’s person or was in a compartment accessible only by occupants of that seat.

Possession of 1 pound or more but less than 2 pounds is a class C felony punishable by up to 5 years in prison and/or $10,000 fine. Possession of 2 pounds or more but less than 25 pounds is a class B felony punishable by up to 10 years in prison and/or $25,000 fine. Possession of 25 pounds or more is a class A felony punishable by 20 years in prison and/or $50,000 fine.

Possession with intent to distribute any amount of marijuana within 750 feet of school grounds or a park, or on or within 10 feet of a parked school vehicle is a class C felony punishable by up to 5 years in prison and/or $10,000 fine.

Sale/Delivery
Distribution of less than 1 ounce of marijuana is a misdemeanor punishable by up to 1 year imprisonment and/or a $2,000 fine. Distribution of 1 ounce or more but less than 1 pound is a class C felony punishable by up to 5 years in prison and/or $10,000 fine. Distribution of 1 pound or more but less than 5 pounds is a class B felony punishable by 10 years in prison and a $25,000 fine. Distribution of 5 pounds or more of marijuana is a class A felony punishable by 20 years in prison and a $50,000 fine.

Distribution any amount of marijuana within 750 feet of school grounds or a park, or on or within 10 feet of a parked school vehicle is a class C felony punishable by up to 5 years in prison and/or $10,000 fine.

Cultivation
Cultivation of 25 or more but less than 50 marijuana plants is a class C felony punishable by up to 5 years in prison and/or $10,000 fine. Cultivation of 50 or more but less than 100 plants is a class B felony punishable by 10 years in prison and/or $25,000 fine. Cultivation of 100 or more marijuana plants is a class A felony punishable by 20 years in prison and/or $50,000 fine.

Cultivation of less than 25 marijuana plants on another’s property without their permission is a class B felony punishable by 10 years in prison and/or $25,000 fine. Cultivation of 25 or more plants on another’s property without their permission is a class A felony punishable by 20 years in prison and/or $50,000 fine.

Cultivation in a structure where the individual knows a person under the age of 16 years old is present results in an additional 2 years imprisonment on top of the sentence for cultivation. However, if the cultivation occurred in a structure where an individual 18 years old or younger was present and the cultivation causes substantial bodily injury to the minor, then the additional imprisonment will be a term of 5 years.

Hash & Concentrates
All Marijuana, including Marijuana Concentrates, is classfied as Schedule I under Hawaii law. Marijuana Concentrates are classified as a “harmful drug”. Under Hawaiian law, hashish, tetrahydrocannabinol, and any other salt, alkaloid, mixture, compound or derivative of marijuana qualifies as a Marijuana Concentrate. Cases applying this statute have determined that Marijuana Concentrates charges should only be brought when the compound in question contains THC but does not have the outward appearance of any part of the Marijuana plant. Case law has also confirmed that there is no minimum threshold of THC content required to classify a compound as a Concentrate, even if the THC content of the compound is less than the average for plant Marijuana.

Promoting a Harmful Drug 1st Degree
Class A Felony, up to 20 years imprisonment and a fine not exceeding $50,000
Possession of 1 ounce or more of Marijuana Concentrates or
Distribution of 1/8 ounce or more of Marijuana Concentrates or
Distribution of Marijuana Concentrates to a minor in any amount

Promoting a Harmful Drug 2nd Degree
Class B Felony, up to 10 years imprisonment and a fine not exceeding $25,000
Possession of 1/8 ounce or more of Marijuana Concentrates or
Distribution of any amount of Marijuana Concentrates

Promoting a Harmful Drug 4th Degree
Misdemeanor, up to 1 year imprisonment and a fine not exceeding $2000
Possession of any amount of Marijuana concentrates

Paraphernalia
Use or possession of paraphernalia is a class C felony punishable by up to 5 years in prison and/or a $10,000 fine. Sale or manufacture of paraphernalia is also a class C felony. Delivery of paraphernalia by a person 18 years or older to a minor at least 3 years their junior is a class B felony punishable by up to 10 years imprisonment and/or a $25,000 fine.

Sentencing
First time offenders who have plead or been found guilty of certain possession or distribution charges are eligible for suspended judgment and probation. Upon completion of the terms of the probation, the court shall discharge the offender and dismiss the proceedings against him. There may only be 1 discharge and dismissal for each person. Additionally, first time offenders for paraphernalia or possession charges are eligible for probation if they are non-violent, in need of substance abuse treatment, and have submitted a proposal to the court for treatment.

Terms of imprisonment for felonies may increase if the offender has prior felony convictions or other conditions are met.

Forfeiture
Vehicles and other property may be seized for controlled substance violations. Seizures of property may be made on probable cause that they are subject to forfeiture or by the rules of civil procedure. The seizing agency has 20 days to give notice to all parties who have an interest in the property. They have 30 days to notify the prosecuting attorney, who has 45 days to initiate the forfeiture proceedings. A prosecuting attorney may instead file administrative forfeiture proceedings.

Miscellaneous
Promoting a controlled substance through a minor
Any person who uses an individual under the age of 18 to facilitate the distribution of a controlled substance is guilty of a class B felony punishable by B felony punishable by 10 years in prison and/or $25,000 fine, unless the offense occurred on or within school grounds, school vehicles, or a public park, in which case it is a class A felony punishable by 20 years in prison and/or $50,000 fine.

Possession in a motor vehicle
Discovery of marijuana in a vehicle may result in each occupant being charged with possession unless the marijuana was found on an occupant person or was in a compartment accessible only by occupants of that seat.

Driver’s license of commercial driver
Shall revoke the license of a commercial driver

Hawaii Medical Marijuana Laws

QUALIFYING CONDITIONS
Amyotrophic Lateral Sclerosis (ALS)
Cachexia
Cancer
Chronic pain
Crohn’s disease
Epilepsy
Glaucoma
HIV or AIDS
Lupus
Multiple sclerosis
Nausea
Persistent muscle spasms
Post traumatic stress
Rheumatoid arthritis
Seizures

PATIENT POSSESSION LIMITS
Four ounces of usable marijuana at any given time, jointly possessed between the qualifying patient and the primary caregiver. “Usable marijuana” does not include the seeds, stalks, and roots of the plant.

HOME CULTIVATION
Yes, no more than seven marijuana plants, whether immature or mature

STATE-LICENSED DISPENSARIES ALLOWED
Yes. The state Department of Health has until January 4, 2016 to finalize rules governing the dispensary program. Licensed dispensaries are anticipated to be operational by July 15, 2016. Once operational, qualified patients will be able to obtain up to four ounces of cannabis or cannabis-infused products, such as oils, tinctures, or lozenges, from a licensed provider every 15 days.

STATE-LICENSED DISPENSARIES OPERATIONAL
Not yet

MEDICAL MARIJUANA STATUTES
Haw. Rev. Stat. §§ 329-121 to 329-128 (2008)
Haw. Rev. Stat. §§329-121; 329-123 (b),(c) (2008)

CAREGIVERS
Yes, primary caregiver is a person who has the responsibility for managing the well-being of the qualifying patient with respect to the medical use of marijuana. Primary caregiver is a person other than the qualifying patient, or the patient’s physician. The caregiver must be 18 years of age or older. Qualifying patients shall have only one primary caregiver an any given time. Primary caregiver shall be responsible for the care of only one qualifying patient at any given time.

ESTIMATED NUMBER OF REGISTERED PATIENTS
17,018
Source: Department of Health

RECIPROCITY
Noial driver if convicted of the unlawful transportation, possession, or use of a controlled substance while on duty.