Hawaii Drug Laws: Penalties, Charges & Treatment Options

Hawaii's drug laws are governed by two primary statutory frameworks: the Uniform Controlled Substances Act (HRS Chapter 329), which classifies substances into five schedules, and HRS Chapter 712, Part IV (Offenses Against Public Health and Morals), which establishes criminal penalties for drug offenses. Unlike some states that have adopted unique penalty group systems, Hawaii follows the federal five-schedule model while maintaining its own penalty structure.

Drug offenses in Hawaii are categorized by substance type—dangerous drugs (Schedules I and II), harmful drugs (Schedules III and IV, plus marijuana concentrates), and detrimental drugs (marijuana and Schedule V substances)—with escalating penalties based on quantity and whether the offense involves possession or distribution. Hawaii treats methamphetamine with particular severity, establishing separate trafficking statutes (HRS §§ 712-1240.7 and 712-1240.8) with mandatory minimum sentences.

Hawaii has adopted several harm-reduction measures, including a Good Samaritan overdose immunity law (HRS § 329-43.6), naloxone access expansion, drug court diversion under HRS § 706-622.5, and decriminalization of small amounts of marijuana. Medical cannabis has been legal since 2000 (Act 228), and the program was significantly expanded in 2025 by HB 302, which eliminated the qualifying-condition requirement. Recreational marijuana remains illegal, though multiple legalization bills have been introduced in recent legislative sessions.

Operating a Vehicle Under the Influence of an Intoxicant (OVUII) is prosecuted under HRS Chapter 291E. A first offense is a misdemeanor, while habitual offenders face class C felony charges with up to 5 years imprisonment and mandatory license revocation.

Dangerous Drugs — Schedule I and II Substances

Under HRS § 712-1243, knowingly possessing any dangerous drug (Schedule I or II substance, such as heroin, cocaine, methamphetamine, fentanyl, or MDMA) in any amount is a class C felony, punishable by up to 5 years imprisonment and a fine up to $10,000. Hawaii does not require a minimum quantity for felony prosecution—any detectable amount triggers felony liability.

Possession of larger quantities elevates the offense: possessing 1/8 ounce or more of heroin, morphine, or cocaine, or 50+ capsules/tablets, or 1/2 ounce of other dangerous drugs constitutes Promoting a Dangerous Drug in the Second Degree (HRS § 712-1242), a class B felony punishable by up to 10 years imprisonment. Possessing 1 ounce or more of heroin, morphine, or cocaine, or 2 ounces or more of other dangerous drugs is Promoting a Dangerous Drug in the First Degree (HRS § 712-1241), a class A felony with up to 20 years imprisonment.

Harmful Drugs — Schedule III and IV Substances

Possession of any harmful drug (Schedule III or IV substance, including marijuana concentrates) is Promoting a Harmful Drug in the Third Degree under HRS § 712-1246, a misdemeanor punishable by up to 1 year imprisonment and a $2,000 fine. Possessing 100 or more dosage units or 1 ounce or more is a class A felony under HRS § 712-1244.

Detrimental Drugs — Marijuana and Schedule V

Simple possession of marijuana (more than 3 grams) is Promoting a Detrimental Drug in the Third Degree under HRS § 712-1249, a petty misdemeanor (up to 30 days jail, $1,000 fine). Since 2019 (Act 273), possession of 3 grams or less of marijuana is a violation carrying only a $130 fine with no possibility of jail time and no criminal record.

Drug Paraphernalia

Under HRS § 329-43.5, possession of drug paraphernalia is a misdemeanor, except that possession of paraphernalia used with marijuana in amounts consistent with personal use may be treated as a petty misdemeanor.

Operating a Vehicle Under the Influence of an Intoxicant (OVUII)

Hawaii prosecutes impaired driving under HRS § 291E-61 as Operating a Vehicle Under the Influence of an Intoxicant (OVUII). This includes impairment by alcohol, drugs, or any other intoxicating substance. The legal BAC limit is 0.08% for standard drivers, 0.04% for commercial vehicle operators, and any detectable amount for drivers under 21 (HRS § 291E-64).

First Offense (Misdemeanor)

• Minimum 14 hours in a substance abuse rehabilitation program
• 1-year license revocation
• Installation of an ignition interlock device (IID)
• Up to 72 hours of community service
• Possible 3 to 5 days jail time at court's discretion
• Fine of $150 to $1,000

Second Offense (Misdemeanor)

• Minimum 240 hours of community service or 5 to 30 days jail time
• 2-year license revocation
• Installation of IID for the entire revocation period
• Fine of $500 to $1,500
• Substance abuse assessment and treatment

Third or Subsequent Offense (Misdemeanor)

• Minimum 10 to 30 days jail time
• 3-year license revocation
• Fine of $500 to $2,500
• Substance abuse treatment program

Habitual OVUII (HRS § 291E-61.5)

A person who has been convicted of OVUII three or more times within a 10-year period commits the offense of Habitually Operating a Vehicle Under the Influence of an Intoxicant, a class C felony punishable by up to 5 years imprisonment, 5 years probation, and mandatory license revocation of 1 to 5 years.

Drug-Impaired Driving

Hawaii's OVUII statute applies equally to drug impairment. An officer may arrest a driver who appears impaired by drugs regardless of BAC results. The state uses Drug Recognition Expert (DRE) evaluations and may request blood or urine tests. Refusal to submit to testing results in administrative license revocation under HRS § 291E-65.

Naloxone (Opioid Antagonist) Access in Hawaii

Hawaii has taken significant steps to expand access to naloxone (Narcan) as part of its opioid overdose prevention strategy.

Standing Orders and Prescriptive Authority

• A health care professional authorized to prescribe an opioid antagonist may, directly or by standing order, prescribe, dispense, and distribute naloxone to individuals at risk of overdose or to anyone in a position to assist such individuals.
• Pharmacists may prescribe and dispense naloxone to patients, family members, or caregivers at risk for opioid overdose, regardless of whether the patient has a prior prescription from another practitioner.
• The Hawaii Department of Health has established standing orders to enable pharmacist dispensing statewide.

Immunity Protections

Health care professionals and pharmacists who, acting in good faith and with reasonable care, prescribe, dispense, or distribute naloxone are not subject to criminal or civil liability or professional disciplinary action. Individuals who administer naloxone in good faith to a person experiencing an overdose are also protected from liability.

Harm Reduction Services Branch

The Hawaii Department of Health's Harm Reduction Services Branch coordinates overdose prevention and naloxone distribution programs across the state, including community-based naloxone distribution and training.

Hawaii Drug Court Programs

Hawaii operates drug court programs across its judicial circuits, providing treatment-based alternatives to incarceration for qualifying drug offenders.

Statutory Framework — HRS § 706-622.5

Originally enacted as Act 161 (2002) for first-time offenders and subsequently expanded, HRS § 706-622.5 authorizes courts to sentence eligible drug offenders to probation with mandatory substance abuse treatment instead of incarceration.

Eligibility Criteria

• First or second conviction for possession or use of drug paraphernalia, or any felony under HRS Chapter 712, Part IV involving possession or use of a dangerous drug
• The offense must not involve distribution, manufacturing, or methamphetamine trafficking (HRS §§ 712-1240.7, 712-1240.8)
• The court must determine the person can benefit from substance abuse treatment
• The person must not pose a risk to public safety that warrants incarceration

Program Components

• Court-supervised substance abuse treatment program
• Regular drug testing and court appearances
• For persons with a history of treatment relapse, the court may direct participation under drug court supervision
• Compliance with additional probation conditions set by the court

Expungement

Upon successful completion of the treatment program and all probation conditions, the court shall issue an order to expunge the record of conviction upon written application. Expungement under this section is available one time only.

Mandatory Minimum Sentences for Drug Offenses in Hawaii

Hawaii imposes mandatory minimum terms of imprisonment for certain serious drug offenses, particularly methamphetamine trafficking and repeat drug offenses.

Methamphetamine Trafficking — First Degree (HRS § 712-1240.7)

• No prior convictions: Mandatory minimum of not less than 2 years and not greater than 8 years
• One prior conviction: Mandatory minimum of 6 years, 8 months to 13 years, 4 months
• Two prior convictions: Mandatory minimum of 13 years, 4 months to 20 years
• Three or more prior convictions: Mandatory minimum of 20 years

Methamphetamine Trafficking — Second Degree (HRS § 712-1240.8)

• No prior convictions: Mandatory minimum of not less than 1 year and not greater than 4 years
• Enhanced penalties apply for repeat offenders

Repeat Offender Sentencing (HRS § 706-606.5)

Repeat offenders convicted of certain felonies, including drug offenses, may be subject to mandatory minimum terms of imprisonment. For example, a person convicted of a second class A felony drug offense faces enhanced mandatory minimum terms.

Important Exception

Under HRS § 706-622.5, first- and second-time drug possession offenders who qualify for treatment diversion are exempt from mandatory minimum sentences and may receive probation with substance abuse treatment instead.

Treatment Alternatives to Incarceration

Drug Court Diversion (HRS § 706-622.5)

Hawaii's primary treatment alternative allows eligible drug offenders to be sentenced to probation with court-supervised substance abuse treatment rather than prison. Successful completion leads to expungement of the conviction. This applies to first- and second-time possession offenders for dangerous drugs under HRS Chapter 712, Part IV.

Deferred Acceptance of Guilty Plea (DAGP) or No Contest Plea (DANC)

Under HRS § 853-1, courts may defer acceptance of a guilty or no contest plea for qualifying defendants, including certain drug offenders. If the defendant complies with conditions of probation (including treatment), the charges may be dismissed and the record expunged.

Probation with Treatment Conditions

For class B and C felony drug offenses, courts have discretion under HRS § 706-660 to impose probation rather than imprisonment, with substance abuse treatment as a condition of probation. This is available even for offenses not covered by § 706-622.5.

HOPE Probation (Hawaii Opportunity Probation with Enforcement)

Developed in Hawaii's First Circuit (Oahu), HOPE Probation is a nationally recognized program that uses swift, certain, and proportionate sanctions for probation violations. Rather than revoking probation for a single drug test failure, HOPE imposes immediate short jail stays (typically 2 days) while keeping offenders in treatment and in the community. The program has been studied extensively and shown to reduce positive drug tests and probation revocations.

Community-Based Treatment Programs

Hawaii funds various community-based substance abuse treatment programs through the Department of Health's Alcohol and Drug Abuse Division (ADAD), including residential treatment, outpatient treatment, detoxification services, and peer support services.

Recent Legislative Changes (2024–2025)

2025 Legislative Session

• HB 302 (Signed into law, effective July 1, 2025): Removed the requirement for specific qualifying conditions for medical cannabis certification. Physicians may now certify any patient at their discretion. Also authorized telemedicine for medical cannabis certifications.
• SB 1429 (2025): Expanded caregiver cultivation rights, allowing caregivers to grow cannabis for up to 5 patients.
• HB 1246 / SB 1613 (Failed): Recreational marijuana legalization bills stalled in committee without receiving floor votes.
• SB 319 (Failed): Would have increased the decriminalized marijuana possession threshold from 3 grams; narrowly defeated in the Senate.

2019–2020

• Act 273 (2019, effective January 11, 2020): Decriminalized possession of 3 grams or less of marijuana, reducing the offense from a petty misdemeanor to a non-criminal violation with a $130 fine.