Hawaii Medical Marijuana Laws

Hawaii allows medical marijuana use under the circumstances described below. However, it is still a crime to drive under the influence of marijuana, and other laws regarding marijuana possession for non-medical purposes will still apply.

To learn more about Hawaii marijuana laws in general, see Hawaii Marijuana Laws.

To learn about Hawaii 's DUI marijuana laws, see Driving Under the Influence of Marijuana in Hawaii.

Does Hawaii Allow Medical Marijuana Use?

Yes. Hawaii allows medical marijuana use by patients with debilitating medical conditions. This law protects such patients (and their physicians and caregivers) from prosecution and criminal penalties that apply to nonmedical marijuana possession and use. To gain such protection, these individuals must properly obtain a written recommendation from a physician, and the amount of marijuana possessed may not exceed an adequate supply. (Hi. Rev. Stat. Ann. § 329-122(a).) 

Qualifying Minor Patients

 A minor younger than 18 may becoming a qualifying patient if, in addition to the requirements listed above, the minor's parent or legal guardian signs a written statement attesting that the parent or guardian:

• agrees to allow the minor to use medicinal marijuana
• understands the potential risks and benefits of medicinal marijuana
• agrees to serve as the minor’s primary caregiver, and
• will control the acquisition, possession, dosage, and frequency of medicinal marijuana use by the minor. (Hi. Rev. Stat. Ann. § 329-122(b).)

Prohibited Uses

Even if the conditions listed above are met, a person may not use medical marijuana if the use will endanger the health or well-being of another person, or if the use is:

• in any moving vehicle, public transportation vehicle, or school bus
• in the user’s workplace
• on school grounds
• at a public park, beach, recreation center, youth center, or in another public space, or
• for nonmedicinal use.

Penalties for Illegal Use

A person may not knowingly or intentionally possess or use medicinal marijuana, unless such use is in accordance with the regulations described above. Using medicinal marijuana without a valid prescription for such is punishable with the same penalties imposed for illegal marijuana use and possession, depending on the amount illegally used or possessed. To learn more about Hawaii marijuana laws and penalties for illegal use or possession, see Hawaii Marijuana Laws.

An Important Note on Local Legal Representation

If you have been charged with a marijuana-related offense, consult an experienced criminal defense attorney. While the penalties and consequences of a marijuana charge are governed by statutory law, only a local criminal defense attorney can tell you how cases like yours tend to be handled by prosecutors and judges in your courthouse.