First published October 6, 2019.
Since 11 January 2020, being caught in Hawaii with three grams of cannabis or less is no longer a crime that can lead to jail. It is a violation punished with a $130 fine, roughly like a traffic ticket. Recreational cannabis is still illegal in the state, however, and larger amounts, selling and growing without a medical card remain criminal offences.
What changed under Hawaii's 2019 law
The change came from House Bill 1383, passed by the state legislature in 2019. Before it, possession of even a small amount of marijuana was a petty misdemeanour, punishable by up to 30 days in jail and a fine of up to $1,000, and it left a criminal record. Under the new rules:
- possessing three grams or less (about a tenth of an ounce) is a civil-style violation, not a crime;
- the penalty is a $130 fine, with no jail time;
- the law reportedly also created a process for people with past convictions for this small amount to have their records expunged.
Three grams is a modest quantity, typically enough for a handful of joints. Anyone carrying more falls back under the older criminal penalties.
How the bill became law without a signature
The Democratic-controlled legislature sent the bill to Governor David Ige in May 2019. On 1 July 2019 Ige announced that he would neither sign nor veto it, allowing it to become law automatically. That route is common in Hawaii when a governor has reservations about a bill but does not want to block it.
Ige had wavered on decriminalisation. His main objection was that the bill did nothing to steer young people towards drug treatment and support. He also made clear that letting it pass did not mean Hawaii was moving towards full legalisation. In the same period he reportedly vetoed two other cannabis bills: one to allow medical cannabis to be carried between islands, and one to set up an industrial hemp licensing programme.
Decriminalisation vs legalisation
The two words are often confused, including in early headlines about this law that claimed Hawaii had "legalized" marijuana. The difference matters:
- Decriminalisation keeps cannabis illegal but swaps criminal penalties for fines, usually for small amounts. Police can still confiscate it and issue a citation.
- Legalisation allows adults to possess and usually buy cannabis legally, typically through licensed and taxed shops, within set limits.
- Medical cannabis programmes allow registered patients to use it with a doctor's certification, under separate rules.
Hawaii now sits in the first and third categories. Reports at the time described it as roughly the 26th US state to have either decriminalised or legalised small amounts, though such counts vary depending on how each state's law is classified.
Hawaii's long history with medical cannabis
Hawaii was early on medical cannabis. In 2000 Governor Ben Cayetano signed Act 228, making it the eighth state to allow medical use and the first to do so through a vote of its legislature rather than a ballot initiative. The law let registered patients grow their own plants or name a caregiver to grow for them, but it created no legal way to buy cannabis.
That gap took years to fill. A 2015 law set up a dispensary system, and the first legal medical sale took place on Maui in August 2017. Today registered patients may possess up to four ounces and grow up to seven plants. A doctor's certification is required, so anyone considering medical cannabis should talk to a doctor about whether it suits their situation.
Why states decriminalise small amounts
Supporters of decriminalisation make several arguments. Minor possession arrests consume police and court time. A criminal record, even for a tiny amount, can follow people for years, affecting jobs, housing and student loans. And national data has long shown that Black Americans are arrested for cannabis at much higher rates than white Americans despite similar rates of use.
Opponents worry about sending the message that drug use is harmless, especially to teenagers, and about drugged driving. Ige's concern about young people and treatment reflected that side of the debate. Decriminalisation is often seen as a middle path: it reduces the harm of the criminal process without creating a commercial market.
What still counts as illegal in Hawaii
It is easy to overestimate what the 2019 law allows. For anyone without a medical registration, these remain off limits:
- possessing more than three grams;
- selling, sharing for money or distributing any amount;
- growing cannabis plants;
- driving under the influence of cannabis, which is a separate offence.
Cannabis also remains illegal under federal law, which applies on federal land, including national parks such as Hawai'i Volcanoes and Haleakalā, and at military bases, which cover a significant part of Oahu.
Visitors should be especially careful. Medical cannabis cards from other states are not automatically valid in Hawaii; out-of-state patients must register with the state's Department of Health before they can use the medical programme. Carrying cannabis through an airport is also risky, because airport security is federal and flights between the islands pass through it. The $130 fine applies only to the small amount set by state law, so a misunderstanding about the limit can still end in a criminal charge.
Has Hawaii legalised recreational cannabis since?
Not yet. Bills to legalise adult use have been introduced in several sessions; a 2019 proposal died in the state House, and later efforts have also stalled despite support in the Senate. As of 2026, recreational cannabis remains illegal in Hawaii, small-amount possession remains decriminalised under the 2019 law, and the medical programme continues. That leaves Hawaii behind about two dozen states that have legalised adult-use cannabis, but well ahead of states that still treat any possession as a crime.
Sources: Wikipedia: Cannabis in Hawaii; Wikipedia: Legality of cannabis by U.S. jurisdiction; Hawaii State Legislature: HB1383 (2019). Originally reported by Truth Theory. Photo: maridav / 123RF.
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