Home State Laws The State Laws of Hawaii

The State Laws of Hawaii

The State Laws of Hawaii


Due to the fact that individual state laws are constantly subject to change, individuals are encouraged to consult an attorney prior to engaging in any activity, action, or event in which the expressed legality may come into question. Furthermore, individuals interested in attaining information with regard to individual state legislature are also encouraged to perform independent research in order to substantiate the relevancy and current state(s) of specific legislation. Also contact Hawaii lawyers for legal advice and assistance.

Hawaii Abortion Laws

Within the state of Hawaii, Abortion is defined as the purposeful termination of a pregnancy through procedural means. Subsequent to the decision of Roe v. Wade, abortion became legal within the United States – however, Hawaii state legislation expresses a variety of stipulations with regard to a legal abortion process:

•    A legal abortion may occur in the event that the protection and preservation of the life of the mother carrying a fetus is compromised as a result of a pregnancy; an abortion can take place in order to save the life of the mother only upon accredited and sanctioned medical review – only a licensed medical doctor will be permitted to both review and perform cases of abortion within the state of Hawaii

•    An illegal abortion is deemed as an abortion process that occurs in the event that the health and wellbeing of the mother is not in danger; furthermore, an illegal abortion is defined as a procedure that occurs outside of legal, accepted, and authorized medical procedural protocol – in the state of Hawaii, public funds may be used for abortions only in the case(s) of sexual assault and incest

•    Statutory Definition of illegal abortion in Hawaii: Failure to meet standard for legal abortion

•    Statutory Definition of legal abortion: terminate pregnancy of nonviable fetus

•    Penalty for Unlawful Abortion: Fine to $1,000 and/or imprisonment to 5 years

Hawaii Marijuana Laws

•    Possession: Possession of 25 or more marijuana plants or possession of 1 lb. or more of anything containing cannabis: Class C felony; 2 lbs. or more: Class B felony; 25 lbs. or more: Class A felony; Possession of over 100 plants: Class A felony; Distribution of an small amount or possession of any small amount: misdemeanor

•    Sale: Sale of any amount: Class C felony; 1 lb. or more: Class B felony; 5 lbs. or more: Class A felony 

Hawaii DWI and DUI Laws

Driving while intoxicated (DWI) and driving while under the influence (DUI) charges exist in the event that an individual ingests illegal drugs, alcohol, or controlled-substances, which may impair their respective ability to safely operate a motor vehicle; the following DUI and DWI laws exist within the state of Hawaii:

•    Zero tolerance laws exist in the event that an individual below the legal age permissible to consume alcohol is suspected to be unlawfully operating a motor vehicle; within the state of Hawaii, the Zero Tolerance Blood Alcohol Content Level (BAC) cannot exceed .02%

•    The BAC limit for individuals operating motor vehicles may not reach .08%; this can constitute a DUI or DWI offense

•    In Hawaii, there currently exist no supplementary penalties incurred due to BAC levels exceeding the expressed, legal limit

•    Implied consent is a legal instrument that is employed within the realm of a DUI Arrest that entails a verbal or written contract resulting from the willing participation in a regulated activity, such as the operation of a motor vehicle; within Hawaii, law enforcement agents are permitted to act in accordance with implied consent laws

•    Upon a DUI or DWI conviction, and individuals is subject to undergo the loss of driving privileges for a period of no less than 90 days’ time;  penalties can range upwards of 1 year in addition to the installation of an ignition interlock device

Hawaii Gun Laws

•    Hawaii is a “may issue” state for concealed carry of firearms.

•    Acquiring firearm requires a permit, issued to qualified applicants by the county police chief

•    There is a 14 day waiting period for receiving a permit, which is then valid for 6 days. A separate permit is required for each handgun to be acquired. Long gun permits can be used for any number of shotguns or rifles for a period of one year.

•    Applicants must pass criminal background checks and provide an affidavit of mental health. Applicants must agree to release their medical records before obtaining permit

•    First time applicants must be fingerprinted by the FBI. When applying to acquire a handgun, a safety training course affidavit or hunter’s education card is required.

•    Firearms acquired within the state must be registered with the chief of police within 5 days. Firearms from out of state must be registered within 3 days of arrival. 

•    Carrying a loaded firearm, concealed or not concealed, is a class A felony. 

•    Unloaded firearms that are secured in a gun case and are accompanied by a permit are allowed to be transported in a vehicle between the permitted owner’s residence or business and a place of repair; a target range; a license dealer’s place of business; a place of formal hunter or firearm training or instruction; a police station; a scheduled firearms show or exhibit.

Hawaii Adoption Laws

•    Any person in Hawaii may be adopted

•    Age that Child’s consent is needed: 10 years and older; if married adult, consent of spouse also

•    Who may adopt: Any proper adult person, not married, or married to legal parent of minor, or husband and wife jointly

•    Human Services and Family agency of Hawaii responsible for administering adoption cases.

Hawaii Employment and Labor Laws

•    Within the state of Hawaii, the minimum wage is 5 dollars and 15 cents awarded per hour of labor

•    State Holidays are listed as: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, and Christmas – Veteran’s Day, Wyoming Equality Day, Martin Luther King, Jr.'s Birthday, and President’s Day result in the closing of public institutions only upon the decision set forth by the local board of trustees and government

•    Within the state of Hawaii, an individual’s employ cannot be terminated in the event that they report a violation or hazard taking place with regard to their respective employment – or place of employment

Hawaii Divorce Laws

Within the state of Hawaii, a divorce is defined as the termination of a marriage, which can occur upon a decision set forth by one or both partners involved in the marriage:

•    A divorce must be filed subsequent to 60 days residence within the state of Hawaii; in the event that an individual –or individuals – were married in Hawaii and lived there on a continuous basis, a time constraint for filing does not exist

•    ‘No Fault’ divorce does exist on the grounds of irreconcilable differences

Hawaii Death Penalty Laws 

•    Capital Punishment is not allowed in Hawaii

Hawaii Gambling Laws

•    Gambling aboard ships is illegal in Hawaii. 

•    Possession of gambling devices, such as slot machines, is illegal

Hawaii Child Laws

Within the state of Hawaii, the following stipulations with regard to child laws and child custody are recognized:

•    Joint custody is permitted

•    The rights implied within grandparental visitation are recognized

•    The wishes of any or all children involves are taken into consideration with regard to a custody decision