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Hawaii Marijuana Law, Regulation, Penalties, Attornies & Congressman

Hawaii Marijuana Law, Regulation, Penalties, Attornies & Congressman

Offense Penalty Incarceration   Max. Fine  

Possession

Personal Use

Less than 1 oz Misdemeanor 30 days $ 1,000
1 oz – 1 lb Misdemeanor 1 year $ 2,000
1 lb or more Felony 5 years $ 10,000

Commercial Promotion

1 – 2 lbs Felony 5 years $ 10,000
2 – less than 25 lbs Felony 10 years $ 25,000
25 lbs or more Felony 20 years $ 50,000
Within 750 feet of school grounds or a park, or on or within 10 feet of a parked school vehicle Felony 5 years $ 10,000

Sale or Delivery

Less than 1 oz Misdemeanor 1 year $ 2,000
1 oz – 1 lb Felony 5 years $ 10,000
1 – less than 5 lbs Felony 10 years $ 25,000
5 lbs or more Felony 20 years $ 50,000
Within 750 feet of school grounds or a park, or on or within 10 feet of a parked school vehicle Felony 5 years $ 10,000

Cultivation

25 – 50 plants Felony 5 years $ 10,000
50 – less than 100 plants Felony 10 years $ 25,000
100 plants or more Felony 20 years $ 50,000
Less than 25 plants on another’s property Felony 10 years $ 25,000
25 plants or more on another’s property Felony 20 years $ 50,000
In a structure where a minor under 16 years is present carries additional penalty

Paraphernalia

Use, possession or sale of paraphernalia Felony 5 years $ 10,000
Delivery to a minor at least 3 years junior Felony 10 years $ 25,000

Forfeiture

Vehicles and other property may be seized.

Hash & Concentrates

Possession

Less than 1/8 oz Misdemeanor 1 year $ 2,000
1/8 – less than 1 oz Felony 10 years $ 25,000
1 oz or more Felony 20 years $ 50,000

Distribution

Less than 1/8 oz Felony 10 years $ 25,000
1/8 oz or more Felony 20 years $ 50,000

Miscellaneous

Promoting through a minor Felony 10 years $ 25,000
Within school grounds, school vehicles, or a public park Felony 20 years $ 50,000
Discovery of marijuana in a vehicle may result in each occupant being charged with possession.

Penalty Details

Marijuana is a Schedule I hallucinogenic substance under the Hawaii Uniform Controlled Substances Act. It is also listed as a detrimental drug.

See

  • Hawaii Rev. Stat. § 329-14(d)(20) 
  • Hawaii Rev. Stat. § 712-1240

Possession for Personal Use

Possession of less than 1 ounce of marijuana is a petty misdemeanor punishable by up to 30 days imprisonment and/or a fine of $1,000. Possession of 1 ounce or more but less than 1 pound is a misdemeanor punishable by up to 1 year imprisonment and/or a $2,000 fine. Possession of 1 pound or more, of marijuana is a Class C felony punishable by up to 5 years imprisonment and/or a fine of up to $10,000.

See

  • Hawaii Rev. Stat. § 706-663
  • Hawaii Rev. Stat. § 706-640 
  • Hawaii Rev. Stat. §§ 712-1247 to 1249 

Discovery of marijuana in a vehicle may result in each occupant being charged with possession unless the marijuana was found on an occupant’s person or was in a compartment accessible only by occupants of that seat.

See:

  • Hawaii Rev. Stat. § 712-1251

Possession with Intent to Distribute

Possession of 1 pound or more but less than 2 pounds is a class C felony punishable by up to 5 years in prison and/or $10,000 fine. Possession of 2 pounds or more but less than 25 pounds is a class B felony punishable by up to 10 years in prison and/or $25,000 fine. Possession of 25 pounds or more is a class A felony punishable by 20 years in prison and/or $50,000 fine.

See

  • Hawaii Rev. Stat. § 706-640
  • Hawaii Rev. Stat. §§ 706-659 to 660 
  • Hawaii Rev. Stat. § 712-1247 
  • Hawaii Rev. Stat. §§ 712-1249.4 to 1249.5

Possession with intent to distribute any amount of marijuana within 750 feet of school grounds or a park, or on or within 10 feet of a parked school vehicle is a class C felony punishable by up to 5 years in prison and/or $10,000 fine.

See

  • Hawaii Rev. Stat. § 706-640
  • Hawaii Rev. Stat. § 706-660 
  • Hawaii Rev. Stat. § 712-1249.6 

Sale/Delivery

Distribution of less than 1 ounce of marijuana is a misdemeanor punishable by up to 1 year imprisonment and/or a $2,000 fine. Distribution of 1 ounce or more but less than 1 pound is a class C felony punishable by up to 5 years in prison and/or $10,000 fine. Distribution of 1 pound or more but less than 5 pounds is a class B felony punishable by 10 years in prison and a $25,000 fine. Distribution of 5 pounds or more of marijuana is a class A felony punishable by 20 years in prison and a $50,000 fine.

See

  • Hawaii Rev. Stat. § 706-640 
  • Hawaii Rev. Stat. §§ 706-659 to 660 
  • Hawaii Rev. Stat. §§ 712-1247 to 1248 
  • Hawaii Rev. Stat. §§ 712-1249.4 to 1249.5 

Distribution any amount of marijuana within 750 feet of school grounds or a park, or on or within 10 feet of a parked school vehicle is a class C felony punishable by up to 5 years in prison and/or $10,000 fine.

See

  • Hawaii Rev. Stat. § 706-640
  • Hawaii Rev. Stat. § 706-660 
  • Hawaii Rev. Stat. § 712-1249.6

Cultivation

Cultivation of 25 or more but less than 50 marijuana plants is a class C felony punishable by up to 5 years in prison and/or $10,000 fine. Cultivation of 50 or more but less than 100 plants is a class B felony punishable by 10 years in prison and/or $25,000 fine. Cultivation of 100 or more marijuana plants is a class A felony punishable by 20 years in prison and/or $50,000 fine.

See

  • Hawaii Rev. Stat. § 706-640 
  • Hawaii Rev. Stat. §§ 706-659 to 660
  • Hawaii Rev. Stat. § 712-1247 
  • Hawaii Rev. Stat. §§ 712-1249.4 to 1249.5

Cultivation of less than 25 marijuana plants on another’s property without their permission is a class B felony punishable by 10 years in prison and/or $25,000 fine. Cultivation of 25 or more plants on another’s property without their permission is a class A felony punishable by 20 years in prison and/or $50,000 fine.

See

  • Hawaii Rev. Stat. § 706-640 
  • Hawaii Rev. Stat. §§ 706-659 to 660
  • Hawaii Rev. Stat. §§ 712-1249.4 to 1249.5

Cultivation in a structure where the individual knows a person under the age of 16 years old is present results in an additional 2 years imprisonment on top of the sentence for cultivation. However, if the cultivation occurred in a structure where an individual 18 years old or younger was present and the cultivation causes substantial bodily injury to the minor, then the additional imprisonment will be a term of 5 years.

See

  • Hawaii Rev. Stat. § 712-1240.5

Hash & Concentrates

All Marijuana, including Marijuana Concentrates, is classfied as Schedule I under Hawaii law. Marijuana Concentrates are classified as a “harmful drug”. Under Hawaiian law, hashish, tetrahydrocannabinol, and any other salt, alkaloid, mixture, compound or derivative of marijuana qualifies as a Marijuana Concentrate. Cases applying this statute have determined that Marijuana Concentrates charges should only be brought when the compound in question contains THC but does not have the outward appearance of any part of the Marijuana plant. Case law has also confirmed that there is no minimum threshold of THC content required to classify a compound as a Concentrate, even if the THC content of the compound is less than the average for plant Marijuana.

Promoting a Harmful Drug 1st Degree

 

  • Class A Felony, up to 20 years imprisonment and a fine not exceeding $50,000
  • Possession of 1 ounce or more of Marijuana Concentrates or
  • Distribution of 1/8 ounce or more of Marijuana Concentrates or
  • Distribution of Marijuana Concentrates to a minor in any amount

Promoting a Harmful Drug 2nd Degree

 

  • Class B Felony, up to 10 years imprisonment and a fine not exceeding $25,000
  • Possession of 1/8 ounce or more of Marijuana Concentrates or
  • Distribution of any amount of Marijuana Concentrates

Promoting a Harmful Drug 4th Degree

 

  • Misdemeanor, up to 1 year imprisonment and a fine not exceeding $2000
  • Possession of any amount of Marijuana concentrates

See

  • Hawaii Rev. Stat §§ 712-1240, 1244, 1245, & 1246.5   
  • Hawaii Rev. Stat § 706-640 
  • Hawaii Rev. Stat § 706-659 
  • Hawaii Rev. Stat § 706-660
  • Hawaii Rev. Stat § 706-663 
  • State v. Choy, 661 P.2d 1206 (Haw. Int. Ct. App. 1983). 

Use or possession of paraphernalia is a class C felony punishable by up to 5 years in prison and/or a $10,000 fine. Sale or manufacture of paraphernalia is also a class C felony. Delivery of paraphernalia by a person 18 years or older to a minor at least 3 years their junior is a class B felony punishable by up to 10 years imprisonment and/or a $25,000 fine.

See

  • Hawaii Rev. Stat. § 329-43.5

Sentencing

First time offenders who have plead or been found guilty of certain possession or distribution charges are eligible for suspended judgment and probation. Upon completion of the terms of the probation, the court shall discharge the offender and dismiss the proceedings against him. There may only be 1 discharge and dismissal for each person. Additionally, first time offenders for paraphernalia or possession charges are eligible for probation if they are non-violent, in need of substance abuse treatment, and have submitted a proposal to the court for treatment.

See

  • Hawaii Rev. Stat. § 712-1255
  • Hawaii Rev. Stat. § 706-622.5 

Terms of imprisonment for felonies may increase if the offender has prior felony convictions or other conditions are met.

See

  • Hawaii Rev. Stat. § 706-662 

Forfeiture

Vehicles and other property may be seized for controlled substance violations. Seizures of property may be made on probable cause that they are subject to forfeiture or by the rules of civil procedure. The seizing agency has 20 days to give notice to all parties who have an interest in the property. They have 30 days to notify the prosecuting attorney, who has 45 days to initiate the forfeiture proceedings. A prosecuting attorney may instead file administrative forfeiture proceedings.

See

  • Hawaii Rev. Stat. § 329-55
  • Hawaii Rev. Stat. § 712A 

Miscellaneous

Promoting a controlled substance through a minor

Any person who uses an individual under the age of 18 to facilitate the distribution of a controlled substance is guilty of a class B felony punishable by B felony punishable by 10 years in prison and/or $25,000 fine, unless the offense occurred on or within school grounds, school vehicles, or a public park, in which case it is a class A felony punishable by 20 years in prison and/or $50,000 fine.

See

  • Hawaii Rev. Stat. § 706-640 
  • Hawaii Rev. Stat. §§ 706-659 to 660
  • Hawaii Rev. Stat. § 712-1249.7
Possession in a motor vehicle

Discovery of marijuana in a vehicle may result in each occupant being charged with possession unless the marijuana was found on an occupant person or was in a compartment accessible only by occupants of that seat.

See

  • Hawaii Rev. Stat. § 712-1251
Driver’s license of commercial driver

Shall revoke the license of a commercial driver if convicted of the unlawful transportation, possession, or use of a controlled substance while on duty.

See:

  • Hawaii Rev. Stat. §286-240(6)
CONDITIONAL RELEASE

The state allows conditional release or alternative or diversion sentencing for people facing their first prosecutions. Usually, conditional release lets a person opt for probation rather than trial. After successfully completing probation, the individual’s criminal record does not reflect the charge.

DRUGGED DRIVING

This state has a per se drugged driving law enacted. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have a detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids above a specific, state-imposed threshold. Further information about cannabinoids and their impact on psychomotor performance is available here. Additional information regarding cannabinoids and proposed per se limits is available here.

HEMP

This state has an active hemp industry or has authorized research. Hemp is a distinct variety of the plant species cannabis sativa L. that contains minimal (less than 1%) amounts of tetrahydrocannabinol (THC), the primary psychoactive ingredient in marijuana. Various parts of the plant can be utilized in the making of textiles, paper, paints, clothing, plastics, cosmetics, foodstuffs, insulation, animal feed, and other products. For more information see NORML’s Industrial Use section.

MEDICAL MARIJUANA

This state has medical marijuana laws enacted. Modern research suggests that cannabis is a valuable aid in the treatment of a wide range of clinical applications. These include pain relief, nausea, spasticity, glaucoma, and movement disorders. Marijuana is also a powerful appetite stimulant and emerging research suggests that marijuana’s medicinal properties may protect the body against some types of malignant tumors, and are neuroprotective. For more information see: Medical Use.

Hawaii Drugged Driving

In Hawaii, a person is guilty of DUI if the person operates any vehicle while under the influence of any drug which impairs such person’s ability to operate the vehicle in a careful and prudent manner. Haw. Rev. Stat. Ann. § 291E-61(a)(2) (LexisNexis 2010)(effective January 1, 2011).

Implied Consent

  • Any person who operates a vehicle upon a public way, street, road, or highway or on or in the waters of the State shall be deemed to have given consent, subject to this part, to a test or tests approved by the director of health of the person’s breath, blood, or urine for the purpose of determining alcohol concentration or drug content of the person’s breath, blood, or urine, as applicable. Id. § 291E-11.
  • If a person under arrest for operating a vehicle while impaired refuses to submit to a breath or blood test, none shall be given. Id. § 291E-65(a).
  • For a first refusal, offender will have license suspended a period of twelve months; for any subsequent suspension under this section, for a period not less than two years and not more than five years. Id. § 291E-65 (c)(1)-(2).
  • If a legally arrested person refuses to submit to a test of the person’s breath, blood, or urine, evidence of refusal shall be admissible only in a proceeding to revoke operator’s license for refusal and shall not be admissible in any other action or proceeding, whether civil or criminal. Id.§ 291E-16.

Penalties

NOTE: A person committing the offense of operating a vehicle under the influence of an intoxicant shall be sentenced without possibility of probation or suspension of sentence. Id. § 291E-61(b).

  • First offense – license suspension of 1 year; 48 hours to 5 days in jail, fine of between $150 to $1,000 (possible 72 hours of community service in lieu of fine or jail); 14 hour minimum substance abuse program; license will be suspended for 1 year. Id. § 291E-61(b)(1).
  • Second offense (w/i 5 years) – license suspension for a minimum of 18 months up to 2 years; fine ranging from $500 to $1,500; either 240 hours of community service, or five days but not more than thirty days of imprisonment (of which at least forty-eight hours shall be served consecutively); required completion of a minimum 14 hour of a substance abuse program. Id. § 291E-61(b)(2).
  • Third offense – license suspension for two years; fine from $500 to $2500; from a minimum of 10 days to 30 days in jail; vehicle of the offender may be forfeited to the state. Id. § 291E-61(b)(3).
  • Fourth and subsequent offense Class “C” Felony – possible 5 years in prison; probation for 5 years with a mandatory revocation of license for no less than 1 year; minimum of 10 days in jail; required substance abuse counseling; mandatory driver education program. Id. § 291E-61.5(a)-(h).

Other Penalties & Penalty Enhancers

  • Any person over eighteen years of age who is convicted of DUI with a passenger younger than fifteen years of age shall be sentenced to an additional mandatory fine of $500 and an additional mandatory term of imprisonment of forty-eight hours. Id. § 291E-61(b)(4).

Sobriety Checkpoints

In Hawaii, sobriety checkpoints are authorized by state statute.

  • Officers must require that (1) all vehicles approaching roadblocks be stopped; or (2) that certain vehicles be stopped by selecting vehicles in a specified numerical sequence or pattern. Id. § 291E-20(1).
  • All roadblocks shall be located at fixed locations for a maximum three-hour period and proper illumination is required. Id. § 291E-20(2), (3)(A). The officers must be uniformed and carrying proper identification. Id. § 291E-20(3)(C).
  • Law enforcement officers conducting sobriety checkpoints are not authorized to pursue and detain drivers of motor vehicles appearing to avoid the sobriety checkpoints in a lawful manner. State v. Heapy, 151 P.3d 764(Hawaii, 2007). Permitting officers to do so is beyond the lawful scope of the statutory procedures and, therefore, more intrusive than the standards and guidelines outlined in statutes. Id.

Case Law

State v. Kuba, 706 P.2d 1305 (1985) — Roadside questioning after defendant was observed traveling low rate of speed and straddling lanes (during which defendant admitted drinking four beers as well as smoking marijuana) did not rise to level of requiring Miranda warnings. Furthermore, evidence presented before grand jury that defendant was unsteady on his feet, that he admitted he had smoked marijuana, that he had no alcohol in his blood, was sufficient to convince a reasonable person that defendant’s intoxication was the result of taking drugs.

State v. Davia, 953 P.2d 1347 (1998) — Bicycle is a “vehicle” within meaning of DUI statute.

Hawaii Hemp Law

Year Passed: 2014
Summary: Lawmakers have approved legislation, Senate Bill 2175, establishing a two-year pilot program at the University of Hawaii at Manoa to study the potential use of industrial hemp as a phytomediator (a plant capable of removing toxins from the soil) and as a biofuel. The pilot program is in accordance with Section 7606 of the United States Agricultural Act of 2014 (aka the Farm Bill), which authorizes institutions of higher education and state departments of agriculture to conduct industrial hemp research absent federal reclassification of the plant. The research program shall utilize a single test site to grow and research hemp. The University shall submit a final report of the program’s findings legislature no later than twenty days prior to the convening of the regular session of 2016.
Statute: 2014 Hi. Act 56 (enacted Hi. SB 2175)

Hawaii Medical Marijuana Law

Status

 

Operational

Law Signed:

 2000

QUALIFYING CONDITIONS

  • Amyotrophic Lateral Sclerosis (ALS)
  • Cachexia
  • Cancer
  • Chronic pain
  • Crohn’s disease
  • Epilepsy
  • Glaucoma
  • HIV or AIDS
  • Lupus
  • Multiple sclerosis
  • Nausea
  • Persistent muscle spasms
  • Post traumatic stress
  • Rheumatoid arthritis
  • Seizures

PATIENT POSSESSION LIMITS

Four ounces of usable marijuana at any given time, jointly possessed between the qualifying patient and the primary caregiver. “Usable marijuana” does not include the seeds, stalks, and roots of the plant.

HOME CULTIVATION

Yes, no more than seven marijuana plants, whether immature or mature

STATE-LICENSED DISPENSARIES ALLOWED

Yes. The state Department of Health has until January 4, 2016 to finalize rules governing the dispensary program. Licensed dispensaries are anticipated to be operational by July 15, 2016. Once operational, qualified patients will be able to obtain up to four ounces of cannabis or cannabis-infused products, such as oils, tinctures, or lozenges, from a licensed provider every 15 days.

STATE-LICENSED DISPENSARIES OPERATIONAL

Not yet

MEDICAL MARIJUANA STATUTES

  • Haw. Rev. Stat. §§ 329-121 to 329-128 (2008)
  • Haw. Rev. Stat. §§329-121; 329-123 (b),(c) (2008)

CAREGIVERS

Yes, primary caregiver is a person who has the responsibility for managing the well-being of the qualifying patient with respect to the medical use of marijuana. Primary caregiver is a person other than the qualifying patient, or the patient’s physician. The caregiver must be 18 years of age or older. Qualifying patients shall have only one primary caregiver an any given time. Primary caregiver shall be responsible for the care of only one qualifying patient at any given time.

ESTIMATED NUMBER OF REGISTERED PATIENTS

  • 17,018
  • Source: Department of Health

RECIPROCITY

No

CONTACT INFORMATION

Hawaii Congressman

 

Senators

Brian Schatz (D)

HAWAII

 

Grade: B+

Votes

 

Cosponsor

S. 683: CARER
S. 1726: Marijuana Businesses Access to Banking Act of 2015
S. 134: Industrial Hemp Farming Act of 2015

Comments

“States are the laboratory of democracy, and democracy is occurring when it comes to this issue,” Schatz said. “I don’t think Hawaii is ready for it; I don’t think we’re ready for nationwide legislation.”

 

Mazie Hirono (D)

HAWAII

 

Grade: B

Votes

 

Cosponsor

S. 683: CARERS
S. 134: Industrial Hemp Farming Act of 2015

 

This information is continually being updated. If you have an additional public comment that we do not have record of or any additional information please email [email protected].

House of Representatives

 

Tulsi Gabbard (D)

HAWAII

 

Grade: B+

Votes

 

Cosponsor

H.R. 2076: Marijuana Businesses Access to Banking Act of 2015
*H.R. 525: Industrial Hemp Farming Act of 2015
H.R. 1635: Charlotte’s Web Medical Access Act of 2015
H.R. 1538: CARERS Act of 2015

 

Mark Takai (D)

HAWAII

 

Grade: B

Votes

 

Cosponsor

H.R. 2076: Marijuana Businesses Access to Banking Act of 2015
H.R. 525: Industrial Hemp Act of 525

 
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