Hawaii – the land with the a love for great surf and eating SPAM. While Hawaii may conjure visions of a relaxed, paradisical shangri-la it is far from fully decriminalizing recreational marijuana. Medical marijuana is legal but it’s use is restricted to those with serious and debilitating conditions.
To some extent, a drive through certain parts of Hawaii may give the impression that marijuana is legal and It is not uncommon to be openly approached by marijuana toting salesmen pitching their freshly harvested nugs. Have no illusions though – the recreational use of marijuana is still illegal. Anything under an ounce is considered personal use, but can still land you in jail for up to 30 days and with fines up to $1,000. Anything from 1 oz to 1 lb on the possession side is a misdemeanor, up to 1 year in jail and a $2,000 fine.
Although we have no direct experience, reports and contacts suggest that getting prescribed medical marijuana is not that difficult, although perhaps not as easy as it is in California. Also, once you go through the process of getting approved to use and posses medical marijuana, you will also have to learn to grow your own or find a competent caregiver (probably not that hard in HI) to grow for you as dispensaries are not yet a reality. This has led to an issue with medical marijuana users struggling to find medicine for themselves at the quality level they require and to do so legally.
Sale and Delivery of Marijuana in Hawaii
Selling or delivering less than 1 oz is a misdemeanor, a max fine of $2,000 and a max incarceration time of 1 year. Things get real “felony” on you, real quick, after the less than 1 oz zone. Anything over 1 oz is a felony and depending upon the amount the jail time varies from 5 years up to 20 years. Fines also range from $10,000 to $50,000.
Cultivation of Marijuana in Hawaii
Although many people do grow in Hawaii (locals only brah!) it is actually illegal. It is a felony across the board for growing and the severity of your jail time depends upon the amount of plants. Jail time ranges from 5 years to 20 years and fines range from $10,000 up to $50,000.
This a bit surprising really but paraphernalia is a felony and up to 5 years in jail. Don’t forget the money you will owe the state, as the fine is up to $10,000. Really Hawaii, just for some paraphernalia?
Hash and Concentrates in Hawaii
Possession of hash or concentrates in hawaii is a misdemeanor, punishable by up to 1 year in prison and a max fine of $2,000. If you step across the line and distribute hash or concentrates, it then becomes a felony, punishable by up to 10 years in jail and a max fine of $25,000.
Don’t get busted for “promoting through a minor” either as this is a felony and you are looking at a $25,000 fine as well as 10 years in prison. Basically if you are going to sell you are better off doing it yourself!
Keeping it Cool in Hawaii
At the end of the day, with recreational marijuana decriminalization not being anywhere in Hawaii’s immediate future it would be a good idea to see if you can get a medical marijuana card. You can get more information on the process here. Medical MJ is definitely the way to go as it really frees up the user as they don’t have to be looking over their back for Mr. Policeman all the time. Hawaii is a beautiful place that offers plenty of sun and surf but they still have laws in place and are relatively zero tolerance when it comes to marijuana.
Finding a Hawaii Lawyer
You’ve been with your friends on the beach, got carried away and got caught using Marijuana. In Hawaii, you will clearly need a Lawyer. You most certainly ignored that the law on Marijuana is different from state to state. What you knew to be in your state a misdemeanor, could be a felony in Hawaii. Search our Lawyer directory to find a criminal lawyer in your area.