Hawaii Marijuana Laws: Possession Limits, Home Growing and Medical Marijuana in 2026

Medical marijuana is legal in Hawaii for registered patients, but recreational marijuana remains illegal. Qualifying patients can purchase marijuana from licensed dispensaries and grow a limited number of plants under the state’s medical marijuana rules.

Hawaii has decriminalized possession of three grams or less, making it a violation punishable by a $130 fine. That does not make recreational possession legal or authorize recreational marijuana sales.

This page covers Hawaii marijuana possession limits, medical marijuana, home cultivation, legal purchases, visitor access, hemp products and penalties. For laws in other states, visit The Marijuana Herald’s Marijuana Laws by State guide.

Last updated: September 14, 2026.

Hawaii Marijuana Laws at a Glance

Topic	Hawaii law
Recreational marijuana	Illegal
Medical marijuana	Legal for registered qualifying patients
Small-amount decriminalization	Three grams or less; $130 fine
Medical possession limit	Four ounces of usable marijuana, including equivalent amounts in manufactured products
Medical purchase limits	Four ounces per 15 consecutive days; eight ounces per 30 consecutive days
Medical home cultivation	Up to 10 plants, mature or immature, within program requirements
Recreational home cultivation	Illegal
Legal marijuana stores	Licensed medical dispensaries only
Out-of-state medical patients	Eligible visitors must obtain temporary Hawaii registration
Public consumption	Prohibited, including for medical patients
Driving under the influence	Illegal

The medical possession, purchase and cultivation limits are separate requirements. A patient’s ability to purchase eight ounces over 30 days does not authorize possessing eight ounces at once.

Is Recreational Marijuana Legal in Hawaii?

No. Hawaii has not legalized recreational marijuana.

Adults without medical authorization cannot legally purchase marijuana from the state’s licensed medical dispensaries or grow marijuana for personal recreational use.

Possession of three grams or less is a violation carrying a $130 fine. Possession above that amount can result in criminal charges. Decriminalization reduces the penalty for a small amount; it does not establish a legal recreational marijuana market.

Is Medical Marijuana Legal in Hawaii?

Yes. Hawaii has a medical marijuana program administered by the Department of Health.

Patients must receive certification from an eligible medical provider and obtain a state registration card, commonly called a 329 card. Registered patients can legally obtain and possess marijuana within the program’s limits.

The practical benefits of registration include access to licensed dispensaries, a four-ounce medical possession allowance and the ability to cultivate marijuana when the program’s growing requirements are met. These protections are not available to recreational consumers.

What Conditions Qualify for Medical Marijuana in Hawaii?

Hawaii’s recognized debilitating medical conditions include:

Amyotrophic lateral sclerosis.
Cancer.
Glaucoma.
Lupus.
Epilepsy.
Multiple sclerosis.
Rheumatoid arthritis.
HIV.
AIDS.
Post-traumatic stress disorder.

A chronic or debilitating disease, medical condition or its treatment may also qualify when it produces wasting syndrome, severe pain, severe nausea, seizures, or severe and persistent muscle spasms.

Eligibility is not limited to that list. Hawaii also allows a qualifying primary treating physician or advanced practice registered nurse to certify a patient for another medical condition when the provider has an ongoing treatment relationship and determines that the potential benefits are likely to outweigh the risks.

Patients receiving hospice care may also be certified by their licensed hospice provider.

How Much Medical Marijuana Can You Possess and Buy in Hawaii?

Registered patients may possess up to four ounces of usable marijuana. This includes the marijuana equivalent contained in manufactured products, rather than allowing an additional four ounces of flower on top of edibles or other products.

Medical dispensary purchase limits are:

Up to four ounces of marijuana or its equivalent during 15 consecutive days.
Up to eight ounces of marijuana or its equivalent during 30 consecutive days.

These are rolling purchase limits. Patients must also remain within the separate four-ounce possession limit.

Where Can You Buy Medical Marijuana in Hawaii?

Registered patients can purchase marijuana from state-licensed medical dispensaries. Licensed locations operate on Oahu, Hawaii Island, Maui and Kauai.

Patients should bring their Hawaii 329 registration card and government-issued identification. A digital registration card is acceptable.

Hawaii does not have recreational marijuana stores. A business selling hemp products is not automatically a licensed medical marijuana dispensary.

Can You Grow Marijuana at Home in Hawaii?

Yes, for qualifying medical patients who comply with the state’s cultivation requirements. Recreational home cultivation remains illegal.

The medical allowance is up to 10 marijuana plants, whether mature or immature. The grow location must be identified on the patient’s registration card, and each plant must carry the required identification tag.

An authorized location can be the patient’s residence, the designated caregiver’s residence, or another site owned or controlled by the patient or caregiver. The patient and caregiver share the patient’s allowance; each does not receive a separate 10-plant limit.

Registered caregivers can cultivate for their qualifying patients. Hawaii restored that authority through legislation in 2025 and allows a caregiver to serve up to five qualifying patients. No single location may have more than five registered grow sites.

Temporary out-of-state patient registration does not authorize home cultivation.

Can Visitors Buy Medical Marijuana in Hawaii?

Yes, eligible visitors can apply for temporary Hawaii medical marijuana registration.

An out-of-state medical marijuana card alone is not sufficient. Applicants generally need a valid government-issued medical marijuana card and identification from their home state or territory, along with a condition that meets Hawaii’s visitor-program requirements.

Temporary registration lasts up to 60 days, with one renewal allowing up to 120 days of coverage per calendar year. The application fee is $49.50.

Once approved, visitors can use their Hawaii registration to purchase from licensed dispensaries.

Can You Bring Marijuana Into Hawaii?

A Hawaii medical marijuana card does not authorize transporting marijuana into the state from elsewhere.

The Department of Health advises patients against traveling to Hawaii with marijuana because the trip passes through federal jurisdiction and can expose travelers to delays or arrest. Eligible visitors can instead obtain temporary Hawaii registration and purchase locally from a licensed dispensary.

Can You Use Marijuana in Public in Hawaii?

No. Medical registration does not authorize public marijuana consumption.

Hawaii restricts medical marijuana use in public places, workplaces, school properties and moving vehicles. Patients should not assume that a beach, park, sidewalk or dispensary is a lawful consumption location. Dispensaries are also prohibited from allowing consumption on their premises.

Can You Drive Under the Influence of Marijuana in Hawaii?

No. Hawaii prohibits operating or taking actual physical control of a vehicle while under the influence of a drug that impairs the ability to drive carefully and prudently.

A medical marijuana card does not exempt a driver from this restriction.

What Are the Penalties for Illegal Marijuana Possession in Hawaii?

For possession outside the medical marijuana program, penalties depend on the amount and circumstances.

Amount of marijuana	Classification	Potential penalty
Three grams or less	Violation	$130 fine
More than three grams but less than one ounce	Petty misdemeanor	Up to 30 days in jail and a fine of up to $1,000
One ounce or more but less than one pound	Misdemeanor	Up to one year in jail and a fine of up to $2,000
One pound or more	Class C felony under the basic possession provision; additional offenses may apply	Up to five years in prison and a fine of up to $10,000

These thresholds come from Hawaii’s marijuana possession statutes and general sentencing provisions.

This table summarizes basic marijuana possession offenses. Concentrates, sales, larger-scale activity and other circumstances can involve different charges. Possessing or cultivating 25 or more marijuana plants outside lawful medical authorization also meets a Class C felony threshold. Having fewer plants does not make recreational cultivation legal.

Are THCA, Delta-8 and Hemp-Derived THC Legal in Hawaii?

Hawaii regulates hemp products separately from medical marijuana and places strict limits on what retailers can sell.

Retail sales of hemp flower, leaf material and pre-rolls are prohibited regardless of their labeled THC or THCA content. Hemp vapes are also prohibited. Artificially derived or synthetic cannabinoids, including the converted delta-8 THC commonly used in commercial products, cannot be sold in manufactured hemp products.

Certain compliant hemp products can contain small amounts of naturally occurring THC. For example, gummies are limited to one milligram of total THC per serving and five milligrams per container. Beverages are limited to 0.5 milligrams per container. Products must also meet the applicable concentration, testing, packaging and labeling requirements.

Hawaii’s hemp retailer and distributor registration requirements took effect in January 2026, with enforcement beginning July 1. Registration does not authorize selling prohibited products.

Is Marijuana Legal in Hawaii in 2026?

Medical marijuana is legal for registered qualifying patients. Recreational marijuana remains illegal.

Hawaii’s program provides access to licensed dispensaries, a four-ounce medical possession allowance and limited home cultivation. Eligible visitors can apply for temporary medical registration.

Possession of three grams or less outside the medical program remains unlawful but carries a $130 fine rather than a criminal possession charge. Larger amounts can result in misdemeanor or felony charges.