State Law Tracker · Hawaii

Cannabis and hemp law in Hawaii

In Hawaii, recreational cannabis is decriminalized, medical cannabis is legal, and delta-8 THC is banned.

Last verified October 24, 2026 · Last major change January 2026

RecreationalDecriminalized MedicalLegal Delta-8Banned

Is recreational cannabis legal in Hawaii?

Decriminalized. Not legal; possession of 3 grams or less is a non-criminal violation with a $130 fine. A 2026 bill to put legalization on the ballot (HB 1624) did not advance in the House.

Is medical cannabis legal in Hawaii?

Legal. Patients may buy from licensed dispensaries or grow their own. HB 302 (2025) allows telehealth certifications and lets a patient's primary treating provider certify any condition; Act 46 (2025) lets caregivers grow for up to 5 patients.

What can medical patients buy in Hawaii?

FlowerYesSmokingAllowedVapesYesEdiblesYes

Patients can buy flower, pre-rolls, vapes, concentrates, edibles, oils, tinctures, capsules, topicals and patches from licensed dispensaries or grow up to 10 plants, but may not use cannabis in public places, vehicles or workplaces. Limits: Edibles: at most 10 mg THC per dose. Manufactured products: at most 1,000 mg THC per pack (HAR 11-850-76 and -142). Possession ('adequate supply') is at most 4 oz of usable cannabis plus 10 plants.

What are the rules for hemp products in Hawaii?

Health Department rules ban hemp flower and vapes and cap total THC at 1 mg per gummy or capsule (5 mg per package). Act 269 (2025) requires hemp retailers and distributors to register; enforcement began July 1, 2026.

Is delta-8 THC legal in Hawaii?

Banned. Health Department rules have barred delta-8 and delta-10 THC made by chemical conversion since 2022. A federal judge dismissed a challenge to the state's hemp rules on Sept 4, 2026.

What happens if you break the law in Hawaii?

Possession of 3 grams or less is a non-criminal violation with a $130 fine; more than 3 grams up to 1 ounce is a petty misdemeanor with up to 30 days in jail and a $1,000 fine.

Is cannabis or hemp law changing in Hawaii?

In danger. Federal law excludes hemp products over 0.4 mg total THC per container from Dec. 11, 2026; Hawaii allows 5 mg per gummy or capsule package. Retailers asked a federal court on Oct. 1, 2026 to reconsider dismissing their hemp-rules challenge.

In danger on this tracker: In a state where recreational cannabis is not legal, an enacted law, court ruling or enforcement action is removing THC products adults can legally buy today.

Sources

  1. data.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0712/HRS_0712-1249.htm
  2. health.hawaii.gov/hempprogram/consumers-of-mhp-faq/
  3. health.hawaii.gov/hempprogram/files/2026/06/News-Release-Hemp-Retail-Regist-Enforce.pdf
  4. www.courtlistener.com/docket/72202241/alyas-v-lopez/
  5. data.capitol.hawaii.gov/hrscurrent/Vol06_Ch0321-0344/HRS0329D/HRS_0329D-0010.htm
  6. www.law.cornell.edu/regulations/hawaii/Haw-Code-R-SS-11-850-76
  7. health.hawaii.gov/news/files/2025/11/News-Release-DOH-updates-HAR-chapter-11850.pdf
  8. bigislandgrown.com/menu/
⚠︎ Federal law — affects every state A federal funding law signed in November 2025 (Public Law 119-37) narrows the legal definition of hemp, and a stopgap funding law signed September 2, 2026 (Public Law 119-103) split its start into two dates. On November 12, 2026, products containing cannabinoids that a cannabis plant cannot produce naturally, such as THC-O, fall outside it. The rest takes effect December 11, 2026, including the exclusion of chemically converted cannabinoids such as delta-8 made from CBD, a 0.3% limit measured as total THC (including THCA), and a limit of 0.4 milligrams of total THC per container. State rules apply on top of the federal law. Sources: Public Law 119-103, Sec. 2019 · Congressional Research Service · Akerman LLP
Informational summary drawn from state statutes, official program pages, and published reporting — sources linked per state. Not legal advice. Laws change quickly; verify with official state sources before acting. Spot an error? Request a correction — we fix mistakes promptly.
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