States that have both a medical marijuana law and have removed jail time for possessing small amounts of marijuana
Updates
Last update: February 03, 2026
Hawai’i Legislature could send legalization to voters!
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.
The “ConAm” bills need a two-thirds vote in each the House and Senate to be referred to voters in November 2026. They would legalize the personal use of cannabis for adults 21 and older starting in July 2027, while leaving the details of how to regulate cannabis to legislators.
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.
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.
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.
Hawai’i has considered legalization bills for years, but they have never made it past the finish line. It’s time to give voters a chance to stop punishing adults for relaxing with cannabis.