Marijuana and Other Drugs on Maui

Maui is famous for its beaches and relaxed island atmosphere.  However, as in many places throughout the United States, the recreational use of drugs and controlled substances to enhance your relaxation may result in criminal charges. 

It is generally illegal to possess marijuana on Maui, which is also known by numerous other names including pot, weed and Maui Wowie.  However, if you have a serious medical condition that qualifies for a “blue card,” possession of three ounces or less of marijuana may be legal.  As the movement to legalize marijuana gains momentum across the nation, a number of bills relating to pot have recently been introduced in the Hawaiian state legislature but have not yet been passed. 

Medical use of marijuana. 

HRS §329-122  http://www.capitol.hawaii.gov/hrscurrent/Vol06_Ch0321-0344/HRS0329/HRS_0329-0122.htm

Hawaiian statutes place drugs into four categories. 

Dangerous Drugs

This category includes Schedule I or Schedule II substances such as morphine, heroin, opium and cocaine but does not include marijuana.  Possession of any amount of a “dangerous drug” is a Class C felony.  If you sell or possess more than small amounts of a Schedule I or Schedule II substance, you may be charged with a Class B felony.  Possession of large amounts may lead to a Class A felony. 

Promoting a dangerous drug in the third degree. 

HRS §712-1243  http://www.capitol.hawaii.gov/hrscurrent/vol14_Ch0701-0853/HRS0712/HRS_0712-1243.htm

Harmful Drugs

This category includes Schedule III or Schedule IV substances such as prescription narcotics, anabolic steroids and barbiturates.  This category also includes marijuana concentrate, known as hashish.  Possession of any amount of this category of drug is a misdemeanor.  Distribution or possession of large amounts of a “harmful drug” is a Class B felony. 

Promoting a harmful drug in the fourth degree. 

HRS §712-1246.5  http://www.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0712/HRS_0712-1246_0005.htm

Detrimental Drugs

This category of drugs includes marijuana and Schedule V substances.  If you possess marijuana or Schedule V substances you may be charged with a petty misdemeanor.  If you have more than one ounce of marijuana, you may be charged with a misdemeanor.  Distribution is a Class C felony. 

Promoting a detrimental drug in the third degree. 

HRS §712-1249  http://www.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0712/HRS_0712-1249.htm

Intoxicating Compounds

This category includes substances commonly used as inhalants such as gasoline and acetone.  Possessing intoxicating compounds for the purpose of inhaling will subject you to a misdemeanor. 

Promoting intoxicating compounds. 

HRS §712-1250  http://www.capitol.hawaii.gov/hrscurrent/vol14_Ch0701-0853/HRS0712/HRS_0712-1250.HTM