Is It Legal to Grow Marijuana in Hawaii?

Hawaii’s cannabis grow laws have come a long way. Recreational use is still illegal. However, medical cannabis has been legal since 2000. For patients and residents curious about growing cannabis at home, understanding the current laws is essential to stay compliant and avoiding unnecessary trouble. This guide covers everything you need to know about Hawaii's cannabis grow laws in 2024.

Is It Legal to Grow Cannabis at Home in Hawaii?

In Hawaii, home cultivation of cannabis is only legal for registered medical marijuana patients and their designated caregivers. Recreational cannabis use and cultivation remain illegal at the state level. However, recent discussions signal that change could be on the horizon.

If you are not a registered medical patient or caregiver, growing cannabis at home is illegal. Unauthorized cultivation can lead to criminal charges. However, registered patients can legally grow cannabis within clearly defined guidelines.

What Are the Medical Marijuana Grow Laws in Hawaii?

To legally grow cannabis in Hawaii, you must be a qualified medical marijuana patient or caregiver registered with Hawaii’s Medical Cannabis Registry Program. This program allows patients with qualifying conditions to obtain a 329 registration card.

Patients or caregivers may grow up to ten cannabis plants at any given time. These plants can be mature (flowering) or immature (non-flowering). The age of the plant does not matter. Each patient must ensure that their grow site is registered with the state, including the exact address where cultivation takes place.

It is essential to note that even within the medical program, exceeding plant limits or failing to register your grow site can result in legal consequences.

Where Can You Legally Grow Cannabis in Hawaii?

Hawaii law requires that cannabis be grown on private property. This means you must own the property or have permission from the property owner. Cultivation must take place either indoors or in an enclosed, secure outdoor space that is not visible to the public.

Outdoor cultivation must be carefully planned to avoid visibility from public roads or neighboring properties. Security measures should be in place to prevent unauthorized access. Many patients prefer indoor cultivation because it offers better control over security, light, and growing conditions.

How Many Cannabis Plants Can You Grow in Hawaii?

The law allows for a maximum of ten cannabis plants per registered patient or caregiver. This number includes both mature, flowering plants, and immature plants. The limit is per person, not per household. There is no explicit legal provision allowing multiple registered patients in the same household to multiply this plant limit.

To stay on the safe side, growers should assume a strict ten-plant maximum per person, regardless of household size. Exceeding this limit, even unintentionally, can result in legal action. Careful tracking and documentation are essential.

Can Landlords Prohibit Cannabis Cultivation in Hawaii?

Yes, landlords in Hawaii have the legal right to prohibit cannabis cultivation on their property, even if the tenant is a registered medical cannabis patient. Rental agreements may specifically include clauses forbidding the cultivation or use of cannabis.

If you are renting, it is essential to have an open conversation with your landlord and obtain written permission before starting a grow. Growing cannabis without the landlord’s consent can be considered a lease violation, potentially leading to eviction.

What Other Legal Restrictions Should Growers Know?

Aside from plant limits and property permissions, there are additional legal considerations for cannabis growers in Hawaii:

• Transporting Plants: Moving cannabis plants from one location to another is generally not allowed unless specifically authorized. Transporting harvested cannabis must also comply with possession limits.
• Sharing or Gifting: Hawaii law does not allow for the unregulated sharing or gifting of cannabis, even between registered patients. All cannabis use must align with medical guidelines.
• Federal Law: Cannabis remains illegal under federal law. This means you cannot legally transport cannabis between islands or outside the state, even if you are a registered patient.

How Might Hawaii's Cannabis Laws Change in the Future?

Hawaii’s lawmakers have shown a growing interest in legalizing recreational cannabis. Several bills have been introduced over recent years, and public support for legalization is steadily increasing.

While nothing has been finalized, advocates are hopeful that Hawaii will eventually join other states that have legalized recreational cannabis. It's too early to tell if anything will change; however, when it does, we will update the information accordingly.

Conclusion

Hawaii’s cannabis grow laws offer registered medical marijuana patients the opportunity to cultivate their own medicine legally. However, strict rules apply regarding who can grow, the number of plants allowed, and where cultivation can take place. Landlord permissions, transport restrictions, and the ongoing tension between state and federal laws all play a role in shaping the landscape.

As cannabis laws continue to evolve, staying informed will help you remain compliant and avoid unnecessary risks. Suppose you are tracking your grow or managing multiple strains. In that case, BudSites can help you stay organized and compliant throughout the entire process.