Updated on January 3, 2019. Medical content reviewed by Dr. Richard Koffler, MD, Board Certified Physiatrist
In Hawaii, marijuana is a Schedule 1 hallucinogenic substance, so it is a criminal offense to be in possession of marijuana as stipulated by the state’s Controlled Substances Act. You are only permitted to have a very limited amount for medical use after registration. That’s why you need to be aware of the following penalties attached to possession, cultivation, use and distribution of marijuana.
A person in possession of an ounce of marijuana or less is guilty of a petty misdemeanor, which is punishable by 30 days of imprisonment or a $1,000 fine. Possession of marijuana that weighs between one ounce and one pound is a misdemeanor punishable by a year in jail or a $2,000 fine. Possession of a pound or more of marijuana is a felony that attracts up to five years in jail or a maximum fine of $10,000.
If marijuana is found in a vehicle, all the occupants will be charged for unlawful possession of marijuana except when the marijuana was discovered on an occupant or in a compartment that was only accessible by a particular occupant.
Possession of marijuana that is greater than one pound but less than two pounds is a felony punishable by a maximum of five years in prison or a $10,000 fine. Possession of two to 25 pounds of marijuana attracts a jail term of up to ten years or a fine of $25,000. A person caught with 25 pounds or greater will serve a 20-year jail term or a $50,000 fine.
Cultivation of 25 plants or more, but less than 50 plants is a felony punishable by a maximum of five years in prison or a $10,000 fine. Cultivation of 50 or more plants, but less than 100 is punishable by a 10-year jail term or a $25,000 fine. Cultivation of 100 plants or greater attracts a 20-year jail term or a $25,000 fine.
Cultivation of fewer than 25 plants on another person’s property without obtaining their permission is punishable by a 10-year jail term or a $25,000 fine. Cultivation of more than 25 plants on a person’s property without their consent is punishable by a 20-year jail term or a $50,000 fine.
If the cultivation takes place in a structure in which a person who is 16 years or younger is residing, an additional two years will be added to the jail term for cultivation. If the cultivation causes harm to the minor living in the house, then an additional five years will be added to the offender’s sentence.
Distribution of an ounce of marijuana or less is punishable by 12 months of imprisonment or a $2,000 fine. Distributing more than an ounce but less than one pound will attract a jail term of five years or a $10,000 fine. Distribution of marijuana that is more than one pound but less than five pounds is punishable by 10 years of imprisonment or a $25,000 fine.
Distribution of any quantity of marijuana within 750 feet from the grounds of a school or park or 10 feet from a parked school bus is punishable by five years in jail or a $10,000 fine.
Doctors are not yet allowed to prescribe medical marijuana like any other drug. You need to be certified by a licensed doctor who has a bona fide doctor-patient relationship with you, and then proceed to register for your medical marijuana card with the state’s Department of Health.
We have created a very efficient search system to help you locate qualified marijuana doctors in Hawaii. Our doctors are licensed to examine, diagnose and certify you to use medical marijuana to treat your condition.
You can make use of our search system to locate doctors now with just your zip code. The system will show you a list of qualified physicians who work within your community, and you’ll be able to see their profile, interact with them, and book an appointment today.