Overview & Legal Status
Hawaii enacted adult-use legalisation via SB 669 (signed July 2024) — personal possession and home cultivation became legal for adults 21+ immediately; retail sales expected by mid-2025 under the Hawaii Cannabis Authority (HCA). Hawaii's medical cannabis programme has operated since 2017.
Regulatory Framework
- Hawaii Cannabis Authority (HCA) Licences: Retail, Cultivator, Manufacturer, Delivery, Testing — new adult-use system under SB 669
- Medical Dispensary Licence: 8 licensed dispensaries with up to 2 retail locations each; vertical integration required for medical
Licensing
Available Licence Types
- Cultivator / Grower Licence — commercial cannabis/hemp cultivation; canopy and operational requirements set by state regulator
- Background checks and financial requirements mandatory for all principals
- Local zoning approval typically required in addition to state licence
- Processor / Manufacturer Licence — production of extracts, edibles, capsules, topicals, and other cannabis-derived products
- Dispensary / Retail Licence (Medical) — sale of cannabis products to registered patients
- Minimum distance from schools, daycares, and youth facilities required
- State licence + local approval typically required
- Adult-Use Retail Licence — available where adult-use is legal
- Delivery Licence — patient home delivery; availability varies
- Testing Laboratory Licence — independent ISO/IEC 17025 accredited laboratory
- Hemp / Industrial Hemp Licence — cultivation and processing of hemp (≤0.3% THC) under USDA-approved state plan
- Hawaii Cannabis Authority (HCA) Licences — Retail, Cultivator, Manufacturer, Delivery, Testing — new adult-use system under SB 669
- Medical Dispensary Licence — 8 licensed dispensaries with up to 2 retail locations each; vertical integration required for medical
Taxation
Adult-Use Cannabis Excise Tax (when sales begin)14% state excise tax proposed; 4.712% general excise tax (GET) also applies
State Excise
14%
Adult-use retail (proposed)
General Excise Tax
4.712%
Applies to all HI sales
Medical GET
4.712%
GET on medical; no additional excise
Hemp/CBD
4.712%
Standard GET
Consumer & Business Implications
- Medical dispensary sales currently subject to Hawaii's 4.712% general excise tax
- Adult-use excise rate set at 14% under SB 669; total effective tax ~18.7% + local GET surcharges
- Oahu county GET surcharge of 0.5% additional; Maui, Hawaii, Kauai counties also add GET surcharges
- IRS § 280E applies to cannabis businesses at federal level
Advertising
Advertising Regulations
- Targeting minors strictly prohibited: No advertising where >30% of audience is under 21; no cartoons, toys, candy imagery
- No advertising within 500–1,000 ft of schools, daycares, playgrounds (varies by state)
- Required disclaimers on all advertising: 'For medical/adult use only. Keep out of reach of children.' Licence number required.
- Social media & digital: Age-gating required; audience verification; no general public targeting
- Platforms (Google, Meta) restrict cannabis ads; use compliant cannabis-specific ad networks
- No false health claims — unsubstantiated efficacy or medical benefit claims prohibited
- HCA advertising rules to mirror Hawaii's strict alcohol advertising standards
- Tourism-related cannabis advertising subject to additional scrutiny given Hawaii's visitor economy
Workplace Rules
Employee Rights & Employer Obligations
- SB 669 includes employment protections: Employers may not discriminate in hiring/firing based solely on off-duty cannabis use or a positive drug test for cannabis metabolites
- Safety-sensitive positions remain exempt
- On-duty impairment always prohibited
- Medical cannabis patients have had employment protections under HRS § 329-122 since 2015 — cannot be denied employment based on patient status alone
- Safety-sensitive positions always exempt — employers may enforce zero-tolerance for CDL drivers, heavy equipment operators, healthcare workers
- DOT-regulated employees subject to federal testing requirements regardless of state law
- On-duty impairment is never protected — all states allow prohibition of cannabis use during work hours
- Federal contractors must comply with Drug-Free Workplace Act (41 U.S.C. § 8101 et seq.)
Possession & Transactions
Adult-Use Possession Limit1 oz flower · 5 g concentrate · 6 plants home grow
1 oz
Flower — adult-use
5 g
Concentrate
6 plants
Home grow (3 mature)
4 oz
Medical patients
Medical Patient Possession
- Registered medical patients may possess up to 4 oz of usable cannabis per 15-day period
- Patients must carry Hawaii Medical Cannabis Registry card at all times when in possession
Adult-Use Possession
- Adults 21+ may possess up to 1 oz flower, 5 g concentrate immediately under SB 669
- Home cultivation: up to 6 plants (3 mature) per adult; household maximum 12 plants
- Public consumption prohibited — civil infraction
Transaction Rules
- Age: 21+ with government-issued photo ID for adult-use retail (when sales begin)
- Medical: 18+ with valid Hawaii Medical Cannabis Registry ID card
- No interstate transport — possessing cannabis at Hawaii airports subject to federal jurisdiction
Product Testing
Testing Requirements
- Mandatory potency testing: Total THC, THCA, CBD, CBDA — all products before sale
- Contaminant testing: Pesticides, heavy metals (Pb, Cd, As, Hg), microbials (E. coli, Salmonella, Aspergillus), mycotoxins, residual solvents
- Approved laboratories: State-licensed, ISO/IEC 17025 accredited; independent of producers and retailers
- Certificate of Analysis (COA) must accompany each batch; accessible to patients/consumers on request
- Hawaii DOH oversees medical dispensary testing; HCA will oversee adult-use testing
- All dispensary products tested at approved ISO 17025 labs; COA required on all packaging
Medical Cannabis Programme
Qualifying Medical Conditions
- Cancer, glaucoma, lupus, HIV/AIDS, rheumatoid arthritis
- Post-traumatic stress disorder (PTSD)
- Epilepsy, multiple sclerosis, inflammatory bowel disease
- Nausea, severe pain, severe muscle spasms
- ALS, Crohn's disease, Parkinson's disease
- Any chronic or debilitating disease or medical condition — physician discretion
Medical Possession Limit4 oz usable cannabis per 15-day period
Programme Rules & Prescription Duration
- Physician certification required; must be a Hawaii-licensed physician with bona fide physician-patient relationship
- Registry card from Hawaii DOH — annual renewal; $38.50 fee
- Patients aged 18–20 may register with physician certification
- Minors under 18: parental consent required; physician certification from two physicians
- Hawaii does not recognise out-of-state medical cannabis cards
Adult-Use Cannabis
SB 669 was signed into law July 2024 — Hawaii became the 24th state to legalise adult-use cannabis. Possession and home cultivation legal immediately for adults 21+. Licensed retail sales are expected to begin mid-2025 to 2026 once the Hawaii Cannabis Authority establishes licensing rules.
Differences from Medical Use
- Age: 21+ adult-use; 18+ medical
- Tax: adult-use ~18.7%+ total; medical ~4.712% GET only
- Purchase limits: adult-use 1 oz per transaction; medical 4 oz per 15 days
- Home grow: permitted for both adult-use and medical patients
Local Ordinances
- Counties (Honolulu, Maui, Hawaii, Kauai) may enact local zoning for cannabis retail
- County GET surcharges add to overall tax burden — varies by island
- No city-level opt-out authority — state law governs
Penalties
Possession Offences
- Possession over 1 oz (adult 21+): Civil infraction — $130 fine (first offence)
- Unlawful possession (under 21): Civil penalty — drug education programme
- Large-scale possession / trafficking: Class B or C Felony under HRS § 712-1249
Sale & Distribution
- Sale without licence: Class B Felony — up to 10 years, $25,000 fine
- Distribution to minors: Enhanced Class A Felony penalties
- Trafficking: Class A Felony — up to 20 years for large quantities
DUID — Driving Under Influence of Cannabis
- Driving under the influence of cannabis is illegal in all states
- First offence: typically misdemeanour — fines, possible jail, licence suspension, substance abuse programme
- Repeat offences: enhanced penalties; possible felony in some states
⚠️ Adult-Use Cannabis — Important Warnings
- Adult-use cannabis is NOT legal in Hawaii. Possession, sale, and cultivation outside the medical programme remains a criminal offence.
- Medical cannabis patients must carry their state-issued registry card at all times when possessing cannabis.
- Cannabis cannot be transported across state lines — this is a federal offence regardless of destination state laws.
- Do not drive or operate machinery while impaired by cannabis — DUID laws are strictly enforced.
- Airports operate under federal jurisdiction — carrying cannabis through airports is prohibited.
- Cannabis is prohibited on all federal lands (national parks, forests, federal buildings).
- Keep all cannabis and CBD products out of reach of children and pets.
- Cannabis use during pregnancy or breastfeeding is strongly discouraged by health authorities.
🚨 Legal Disclaimer
This page is provided for general informational purposes only and does not constitute legal advice. Cannabis laws in Hawaii change frequently — always verify current statutes with official Hawaii government sources or consult a qualified attorney licensed in Hawaii.
- Information reflects laws known as of March 15, 2026 — subject to legislative change.
- Local city and county ordinances may impose additional restrictions beyond state law.
- Federal law supersedes state law in all federal jurisdictions and employment contexts.
- CannBus accepts no liability for actions taken based on information on this page.
📚 References & Sources
- Hawaii Revised Statutes §§ 329-121–329-128 — Medical Use of Cannabis
- SB 669 (2024) — Hawaii Adult-Use Cannabis Legalisation
- Hawaii Cannabis Authority (HCA) — cannabis.hawaii.gov
- HRS § 329-122 — Medical Cannabis Employment Protections
- Hawaii Dept. of Health Medical Cannabis Programme — health.hawaii.gov/medicalcannabis
- Document date: March 15, 2026 · Cannabis Laws · www.cannbus.org
📅 Document last reviewed: March 15, 2026 ·
Cannabis Laws · www.cannbus.org