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Hawaii Marijuana Laws
Hawaii marijuana laws are among the most relaxed in the nation, and the state has a very low statistical arrest rate for offenders of around 1,200 Hawaiians annually, according to Department of Justice records. Production of marijuana, however, is among the highest in the US, with around 250,000 pounds with a high-end street value of about $1.9 billion produced yearly, according to DEA records. Hawaii also runs a legal experimental Hemp program.
Medical Marijuana Users
In 2000, medical marijuana became legal in Hawaii, with state-level penalties lifted for the use, cultivation, and possession of medicinal marijuana by users who received signed statements from a physician stating medicinal marijuana would likely benefit their health situation. Medicinal users and/or their caregivers are, by state law, entitled to legally possess up to 3 ounces of usable marijuana, and have up to seven marijuana plants, of which at any given time only 3 may be mature.
Non-Medical Users:
Although the current penalties suggest otherwise, Hawaii now treats non-medical users of marijuana lightly, and have recently made adult personal use and marijuana eradication a ‘low priority’ for law enforcement, In fact, the Big Island in Hawaii is currently not accepting funds for any marijuana eradication. Non-users are now allowed to have no more than 24 plants for personal use on their own private property. Hawaii also allows for conditional release programs as an alternative to jail for first time, non-violent offenders caught with small amounts.
Penalties for Marijuana Use in Hawaii:
|
Possession of less than 1 oz |
Misdemeanor |
Penalties include up to 30 days in jail and fines up to $1,000 |
|
Possession of 1 ounce to 1 pound |
Misdemeanor |
Penalties include up to 1 year in jail and fines up to $2,000 |
|
Possession of 1-2 pounds |
Felony |
Penalties include up to 5 years in jail and fines of up to $10,000 |
|
Possession of 2-25 pounds |
Felony |
Penalties include up to 10 years in jail and fines of up to $25,000 |
|
Possession of 25 pounds or more |
Felony |
Penalties include up to 25 years in jail and fines up to $50,000 |
Penalties for Growing, Selling and Trafficking:
Cultivation:
|
25-50 plants |
Felony |
Penalties include 5 years in prison and a $10,000 fine |
|
50-100 plants |
Felony |
Penalties include up to 10 years in prison and a $25,000 fine |
|
100 plants or more |
Felony |
Penalties include up to 20 years in prison or $50,000 |
Sale:
|
Less than 1 oz |
Misdemeanor |
The penalties include up to 1 year in jail and a $2,000 fine |
|
1 ounce to 1 pound |
Felony |
Penalties include up to 5 years in jail and a fine of up to $10,000 |
|
1 to 5 pounds |
Felony |
Penalties include up to 10 years in prison and a $25,000 fine |
|
5 pounds or more |
Felony |
Penalties include up to 20 years in prison and a $50,000 fine |
Miscellaneous:
|
Any vehicle found with marijuana leads to all occupants being charged |
Penalties for Driving Under the Influence of Marijuana (DUID)
Hawaii has no DUID or driving under the influence of
Marijuana laws.
Legal Help with a Marijuana Offense
If you are facing a marijuana charge in Hawaii, you should seek legal counsel and consult a marijuana attorney. An experienced marijuana lawyer can guide you through the entire legal process, ensuring your rights and interests are protected. Your best chance for a plea bargain, alternative sentencing, or even dismissal lies in the hands of such an attorney.