Drug Possession Charges in Hawaii

A drug possession charge in Hawaii can feel like the system is stacked against you from the start. Even for first-time offenders, the penalties are serious—and the consequences can last far beyond the courtroom. At The Law Offices of Jason Z. Say, we represent individuals across Honolulu, Maui, and the islands who’ve been accused of possessing illegal substances, from marijuana and prescription pills to meth, cocaine, or fentanyl. You deserve more than judgment. You deserve a defense built on facts, strategy, and local experience.

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Understanding Drug Possession Laws in Hawaii

Hawaii categorizes drugs into schedules based on their potential for abuse and accepted medical use. Charges for drug possession depend on the type and quantity of the substance, as well as the presence of any prior convictions. Possession of even small amounts—particularly of Schedule I or II drugs like heroin or meth—can lead to felony charges.


Possession can also be actual (on your person) or constructive (in a vehicle, bag, or location under your control). Law enforcement may also try to escalate charges by alleging intent to distribute based on circumstantial factors like packaging or cash.



Jason defends clients against all levels of possession charges, including:

  • Simple possession of a controlled substance

  • Possession of drug paraphernalia

  • Possession of prescription medication without a valid prescription

  • Possession with intent to distribute (PCS/D)


What To Do If You’re Arrested for Possession in Hawaii

An arrest can be jarring, but your actions afterward matter just as much. If you’ve been charged with drug possession in Hawaii:

  • Don’t speak to the police without an attorney present. What you say can be used against you.

  • Document everything you remember. Where you were, what happened during the search, who was with you.

  • Request legal representation immediately. The sooner a defense is in motion, the more options you have.

Jason begins every case with a full review of how the arrest occurred. If your rights were violated—through an illegal search, lack of probable cause, or improper handling of evidence—he’ll pursue a motion to suppress. If the state’s case is weak, he’ll fight for dismissal, diversion, or acquittal.

Hawaii’s Drug Possession Penalties: Know What’s at Stake

Drug possession penalties vary based on classification, but even non-violent charges can result in:

  • Felony convictions (Class B or C for many substances)

  • Up to 10 years in prison for higher-class felonies

  • Fines up to $25,000

  • Mandatory probation, treatment, or testing

  • Loss of job, housing, or educational opportunities

In Honolulu and Maui, the courts may offer diversion or deferral programs for eligible first-time offenders—but these aren’t guaranteed. Jason helps clients navigate these programs when appropriate while preparing for full defense when needed.

Defense Strategies for Drug Possession Cases

Every drug case is different—and so is every defense. Jason examines the facts from every angle:

  • Was the stop or search legal?

  • Did law enforcement have a warrant or valid exception?

  • Was the substance tested properly?

  • Is the possession charge based on proximity, not proof?

  • Were your constitutional rights violated during the arrest?

Sometimes, the strongest defense is challenging procedure. Other times, it’s humanizing the client and negotiating a second chance. Either way, Jason tailors each approach to the facts of your case and the realities of your life.

We Represent Good People Facing Difficult Accusations

Jason’s clients come from all walks of life—students, workers, parents, service members. Many have never been in trouble before. Whether the charge came from a traffic stop on H-1, an airport search at Kahului, or an incident in Waikiki, our office brings the same focused commitment: to protect your rights and fight for your future.



We don’t make assumptions. We build defenses that stand up in court—and often prevent charges from going that far.

Take Action Now—Time Is Not on Your Side

Drug possession charges in Hawaii move fast. You may be facing a license suspension, court dates, or probation conditions already. The earlier you bring on legal support, the more room there is to protect your record and your rights.



Contact The Law Offices of Jason Z. Say today to schedule a confidential consultation and start building your defense.