The easy-going state of Hawaii has yet to legalize recreational cannabis, but it was one of the first states to legalize medical cannabis legal in 2000. The state has consistently revised their medical cannabis policies, and some believe Hawaii could be one of the next states to enact constructive recreational cannabis policy.
CBD from Hemp Oil in Hawaii
Hemp CBD oil is federally legal in the U.S. Individual state laws, however, are dynamic and some states have and will enact their own laws regulating hemp-derived CBD.
Medical Cannabis in Hawaii
Senate Bill 862, signed into law by Gov. Ben Cayetano in 2000, legalized cannabis for medical purposes. Provided a patient has a written certification from a physician, the use and possession of up to 4 ounces of usable cannabis and no more than 7 cannabis plants (up to 3 mature plants, 4 immature plants) is legal under the law.
Qualifying patients are allowed to have a primary caregiver, who is a person 18 years of age or older that is responsible for managing the well being of the qualifying patient with respect to medical cannabis.
The following conditions have been approved conditions for medical cannabis possession:
- Amyotrophic Lateral Sclerosis (ALS)
- Alzheimer’s Disease
- Cachexia or Wasting Syndrome
- Crohn’s Disease
- Hepatitis C
- Post Traumatic Stress Disorder (PTSD)
- Seizures (including Epilepsy)
- Severe and Chronic Pain
- Severe or Persistent Muscle Spasms (including Multiple Sclerosis)
- Severe Nausea
You can find the State of Hawaii Department of Health Medical Marijuana Program website here.
Recreational Cannabis in Hawaii
Recreational cannabis remains illegal in Hawaii. Possession of up to 1 pound of recreational cannabis is charged as a misdemeanor, while possession of any amount greater than 1 pound is considered a felony. The sale of amounts greater than 1 ounce are penalized as a felony with prison time ranging from 5 years to 20 years and a maximum fine of $50,000.
While the Hawaiian legislature has introduced multiple bills to decriminalize possession of cannabis for personal use, so far the only bill to pass is one that allows for a study on the impact of decriminalization.
Cultivation of Cannabis in Hawaii
The cultivation of cannabis for medical or recreational use is illegal and chargeable as a felony with prison terms ranging from five to 20 years with a maximum fine of $50,000.
Gov. David Ige did sign into law Senate Bill 2659 in July 2016 to establish an industrial hemp pilot program. Through the Department of Agriculture, growers can cultivate industrial hemp and distribute hemp speed in Hawaii for purposes of agricultural or academic research.