Hawai’i Legislature fails to legalize cannabis

Hawai’i is lagging behind the entire West Coast and the wishes of its voters by continuing to prohibit cannabis. The Aloha State also has the most restrictive decriminalization law in the nation — anything over three grams continues to carry possible jail time and a criminal record. Hundreds of individuals are still arrested each year as a result.

Although Hawai’i has considered legalization bills for years, and the Senate twice passed legalization, the bills have never made it through the House of Representatives. In 2025 and 2026, legalization and low-THC bills also stalled in their second set of Senate committees. 

This year, voters will have a chance to elect a new batch of state legislators. Half of the state Senate seats and every state House seat will be on the ballot, along with federal races. Make sure you’re signed up for our free email alerts so we can keep you posted on where candidates stand.

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Hawaii’s medical cannabis program

In 2000, Hawai’i became the first state in the nation to pass a medical cannabis law through the legislature — rather than the citizen initiative process. Since then, the program has been revised and expanded, including to expand qualifying conditions, to provide protections for out-of-state patients, and to allow dispensaries.

You can learn more about the program from the Medical Cannabis Registry Program. You can find qualifying conditions here and retail dispensary locations here.

While the law has inched forward over the years, it still falls far short in some areas. Unlike most other medical cannabis states, Hawaii’s medical cannabis patients can still be fired for testing positive for cannabis.

Hawaii’s Limited “Decriminalization” Law

In 2019, then-governor David Ige signed into law an extremely limited “decriminalization” law.

The law reduced the penalty for three grams of cannabis to a $130 civil fine, with no jail time. While the bill was a step forward, it remains far behind the times. The law covers the smallest amount of cannabis in the country and the fine is among the highest. Most other “decriminalization” (and legalization) laws apply to at least an ounce of cannabis, or 28.3 grams.

Hawai’i voters want more comprehensive reform. A winter of 2023/2024 poll found 58% support for legalization. While more than half of Americans — including the entire West Coast— live in states where cannabis is legal for adults, Hawai’i remains an anomaly. Ask your state legislators to support legalization.

Expungement

In 2024, bills to create a limited pilot program for state-initiated expungement were signed into law. As a result, 1,321 Hawai’i County records were expunged for arrests under Hawai’i statute 712-1249 (mostly possession of less than an ounce of cannabis). To qualify, the arrest had to be prior to January 11, 2020, it must not have resulted in conviction, and it had to be the only charge. A report on the pilot project is available here.

Also in 2024, lawmakers established a Clean Slate Expungement Taskforce. In December 2025, it issued a report, which notes, “Expungement and sealing of court records is a critical mechanism to give people this opportunity – the chance to move forward with hope.” However, it did not recommend a clear path forward, saying, “the Task Force continues to explore all avenues of a state-initiated record clearing program in Hawai‘i.”

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