Hawaii Cannabis Laws

Hawaii Cannabis Laws: Medical Marijuana, Possession Rules, and the History of Legal Changes

Updated October 11, 2026.

Hawaii has permitted medical cannabis since 2000, making it one of the earliest states to establish a patient program. Its laws have developed through several distinct stages: medical possession and cultivation, a licensed dispensary system, limited decriminalization, visitor registration, and more recent changes to patient eligibility and caregiver access.

Hawaii has not legalized recreational marijuana. Its medical program and small-possession penalty reform provide specific protections, rather than general permission for adults to buy, grow, or consume cannabis. Visitors must also account for registration requirements and restrictions on transporting cannabis between islands.

Hawaii Cannabis Laws at a Glance

Sources: DOH cultivation guidance, dispensing limits, and HRS Section 712-1249.

The History of Cannabis Laws in Hawaii

2000: Medical Cannabis Becomes Legal

Act 228, Session Laws of Hawaii 2000, established the state’s medical cannabis program. Hawaii became the first state to create such a program through legislation rather than a voter initiative. The law authorized qualifying patients to use cannabis within a defined medical framework.

The early system depended heavily on cultivation by patients and caregivers. It did not create licensed retail dispensaries, so legal authorization and convenient access remained separate issues. The Legislature’s 2014 review of medical marijuana programs explains Hawaii’s legislative origins.

2013–2015: Administration and Supply Rules Change

Legislation enacted in 2013 transferred program administration from the Department of Public Safety to the Department of Health, effective January 1, 2015. Related changes replaced the earlier distinction between mature and immature plants with a seven-plant allowance and increased the usable-cannabis limit to four ounces.

These changes strengthened the public-health structure of the program and revised how patients could maintain an adequate supply. The Department of Health’s program history documents the transition.

2015: Hawaii Establishes a Dispensary System

Act 241, Session Laws of Hawaii 2015, established the medical cannabis dispensary framework now found in Chapter 329D of the Hawaii Revised Statutes. It created a regulated route for commercial production and dispensing to registered patients.

The dispensary system addressed an access problem that home cultivation alone could not resolve. Some patients lacked the space, resources, or ability to grow their own supply. State licensing introduced a commercial option with regulatory oversight. See DOH’s explanation of the dispensary program.

2016–2017: Provider Access, Plant Limits, and Retail Sales Expand

In 2016, Hawaii authorized advanced practice registered nurses to certify patients. In 2017, lawmakers increased the medical plant allowance from seven to ten and added conditions including lupus, epilepsy, multiple sclerosis, and rheumatoid arthritis.

On August 8, 2017, Maui Grown Therapies opened Hawaii’s first medical cannabis retail dispensary in Kahului. This was a major practical milestone: patients gained access to an operating licensed retailer, years after medical use had first been authorized. Sources: program history and DOH’s account of the first dispensary opening.

2018–2019: Visitor Registration and Longer Renewals

Act 116 of 2018 established important changes for visiting patients and certification renewals. Hawaii began accepting out-of-state patient applications in March 2019. Eligible in-state patients also gained access to two-year renewal certification in July 2019.

These were medical-program changes. They did not permit every tourist to purchase cannabis. The longer-renewal arrangements have continued to evolve, so patients should follow current application guidance rather than an older description of card duration.

2019–2020: Limited Decriminalization Takes Effect

Act 273 of 2019 reduced the penalty for possession of three grams or less of marijuana. The change took effect January 11, 2020, making that possession a violation punishable by a $130 fine.

This reform reduced the consequences of a narrowly defined possession offense. It did not establish recreational dispensaries, permit unregistered cultivation, or authorize marijuana sales. The Legislature describes the effective date in its discussion of Act 273; the current rule appears in HRS Section 712-1249.

2024–2025: Cannabis Arrest-Record Relief

Hawaii established a pilot project under Act 62 of 2024 to expunge certain arrest records. Act 5 of 2025 expanded eligibility within that project. The Attorney General’s report to the 2026 Legislature describes its implementation.

Record relief is distinct from legalization and from automatic removal of every cannabis conviction. Eligibility depends on the applicable statute and the record involved. See the pilot project’s final report and Hawaii Criminal Justice Data Center expungement information.

2025: Caregiver Cultivation Is Restored

Act 46 of 2025 restored caregiver cultivation authority after the earlier restriction that took effect at the beginning of 2025. The relevant amendments applied retroactively to January 1, 2025. The law also expanded caregiver capacity and gave DOH additional administrative enforcement tools.

The cultivation provisions include a maximum of five qualifying patients at a grow location. Portions of this framework are scheduled to sunset in 2028, making future updates important for caregivers. Read Act 46 of 2025.

2025: Medical Eligibility and Certification Access Broaden

A separate law, Act 241 of 2025, broadened medical eligibility beyond the traditional debilitating-condition list. It provided a pathway through a patient’s primary treating medical provider for other medical conditions, as well as a hospice pathway.

The law also addressed telehealth certification, provider-fee limits, medical-record oversight, and enforcement against illegal cannabis activity. A new commercial cultivation-license framework is planned for 2028. These medical reforms did not legalize recreational cannabis. See Act 241 of 2025. It should not be confused with the differently focused Act 241 enacted in 2015.

2026: Hemp Registration Enforcement

Hawaii announced statewide enforcement of hemp retailer and distributor registration requirements beginning July 1, 2026. The requirements stem from Act 269 of 2025 and operate within a separate hemp regulatory framework.

Hemp registration does not turn a business into a recreational marijuana dispensary. See the state’s enforcement announcement.

Who Qualifies for Medical Cannabis?

Hawaii’s traditional qualifying conditions include cancer, glaucoma, HIV/AIDS, ALS, lupus, epilepsy, multiple sclerosis, rheumatoid arthritis, and PTSD. Qualifying chronic or debilitating conditions can also produce symptoms such as severe pain, severe nausea, wasting, seizures, or persistent muscle spasms.

Following the 2025 expansion, patients may also qualify for other medical conditions when their primary treating medical provider makes the required professional determination. Patients receiving hospice care have a separate certification pathway. This broader eligibility still requires appropriate provider involvement and registration. See DOH’s current eligibility guidance.

Obtaining and Renewing a Hawaii 329 Card

Patients begin with a certifying provider, who determines eligibility and completes an electronic certification. The patient then submits the registration application and identification through the state portal. Initial consultations may occur in person or through telehealth, subject to the required provider-patient relationship.

DOH currently lists a $36.05 total application charge for one-year registration. Eligible renewal patients may obtain three-year registration for $108.15. The longer renewal requires the same certifying provider, a chronic condition, and the provider’s recommendation that it serves the patient’s best interest. Provider appointment fees are separate and subject to statutory limits.

Patients should carry their valid identification and 329 card when possessing medical cannabis. Approval of registration is necessary; a scheduled appointment alone does not establish authorization. Current instructions and the new registry portal are linked from DOH’s application page.

Medical Possession and Purchasing Limits

The medical adequate-supply allowance is jointly held by the patient and caregiver. It includes no more than ten plants and four ounces of usable cannabis at a time. Manufactured products count toward the usable-cannabis allowance using the applicable statutory calculations.

Purchasing limits and possession limits are different. Dispensary customers may purchase no more than four ounces in fifteen consecutive days or eight ounces in thirty consecutive days. An eight-ounce monthly purchasing allowance does not authorize keeping eight ounces at once. See HRS Section 329D-13.

Home Cultivation and Caregiver Rules

Registered patients and authorized caregivers may cultivate within the medical framework. The grow location must appear on the patient’s registration, and plants require identification tags. All ten plants count, regardless of maturity. Recreational consumers do not receive a separate home-growing allowance.

Caregiver participation also requires registration. Current law permits a caregiver to serve no more than five qualifying patients. Special provisions allow up to two parent or legal-guardian caregivers for a minor. Sources: DOH growing guidance and HRS Section 329-123.

Visiting Hawaii With an Out-of-State Medical Card

A home-state medical card does not automatically substitute for Hawaii registration. Eligible visitors must apply for temporary authorization using the required medical card and identification from their issuing jurisdiction.

Temporary registration lasts up to sixty days, subject to the home card’s expiration. It may be renewed once per calendar year for an additional sixty days. DOH lists a nonrefundable $49.50 application fee. Visitors should apply early and wait for approval before relying on Hawaii’s medical protections.

International visitors cannot use the out-of-state registration pathway, but DOH provides guidance about applying through a Hawaii certifying provider. Consult the visitor application page for the current requirements.

Public Use and Interisland Transportation

Medical authorization does not permit use in public places, including public beaches and parks, at work, on school grounds, or in moving vehicles. Authorized public transport of a patient’s supply requires a sealed container, concealment from public view, and no consumption during transport.

Patients and caregivers may not transport cannabis between islands. This restriction applies even when the person has a valid 329 card. Limited commercial and laboratory exceptions do not create permission for personal interisland travel with cannabis. See HRS Section 329-122.

Unauthorized Possession and Distribution

Outside medical protections, possession of three grams or less carries the $130 violation penalty. Possession above three grams can be a criminal offense. The basic third-degree detrimental-drug offense is a petty misdemeanor, while possession of one ounce or more falls within the second-degree misdemeanor statute when its elements are met.

Unauthorized distribution is separately prohibited. Concentrates have their own harmful-drug provisions, so the small-possession rule should not be assumed to cover every THC product. Sources: Section 712-1249, Section 712-1248, and Section 712-1244.

Understanding Hawaii’s Current Legal Framework

Hawaii’s medical program, dispensary licensing, decriminalization rule, and hemp regulation developed through different laws. Each addresses a particular activity or group of people. Their combined effect is a broader medical system with continuing limits on recreational cannabis.

For patients and visitors, the key requirements are valid registration, compliance with possession and cultivation limits, authorized purchasing, and observance of use and travel restrictions. Older guides may omit the 2025 reforms or current renewal options, so current DOH guidance should be checked before applying.

This article provides general legal information. Consult current state guidance for requirements affecting a specific situation.