Hawaii

Medical cannabis patients can possess up to 4 ounces and grow up to 10 plants. They can buy cannabis from licensed dispensaries, but recreational cultivation is not allowed. Only medical patients or caregivers can grow cannabis under strict regulations.

Recreational cannabis remains illegal, but possession of up to 3 grams has been decriminalized, resulting in a civil violation with a $130 fine. Possession of more than 3 grams is a misdemeanor, with potential jail time and fines.

Employers can test for drugs pre-employment, randomly (for safety-sensitive jobs), with reasonable suspicion, and post-accident. Pre-employment tests must be disclosed, and testing is allowed if impairment is suspected or after accidents.

*Remember, establishing robust documentation is a key risk mitigant for employers in states like the Hawaii.

Hawaii lacks a statewide definition for safety-sensitive positions but follows federal DOT rules. The DOT defines these as jobs directly impacting public safety and transportation.

Requires employers to keep test results confidential, have a written policy, provide employees access to their results, obtain written consent before testing, and use certified laboratories for testing.