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Hawaii
Hawaii

Identification

  • Acceptable Identification
    • Hawaii §19-149-3
      • Required information on application and supporting documents.  (a)  Each applicant for a state civil identification card under this chapter shall make application in person [and provide the], except for an individual who has a physical or intellectual disability for whom application in person presents a serious burden or an individual with a letter from a licensed primary care provider certifying that a severe disability causes the individual to be homebound.  The examiner of drivers may make arrangements to obtain the required documentation at an out-of-office venue for homebound applicants or applicants with a disability that presents a serious burden for an in-person application.  The following required information and documents shall be provided:
        • (1) The name, date of birth, gender, social security number or other information as stated in 19-149-3(a)(2)(C)(ii), mailing address, lawful status, and the principal residence address or principal address if the applicant is qualified as homeless pursuant to section 286-304, HRS if different from the mailing address.  
        • (2) Supporting documents to establish the following must be presented at the time of application. Documents shall be originals or certified copies where an original is not expressly required
          • (A) Identity:  To establish legal name the applicant must present at least one of the source documents listed in (i) – (ix) below:
            • (i) Valid, unexpired United States passport or United States passport card; 
            • (ii) Certified copy of a birth certificate filed with a state office of vital statistics or equivalent agency in the individual’s state of birth; 
            • (iii) Consular report of birth abroad issued by the United States Department of State, Form FS-240, DS-1350 or FS-545; 
            • (iv) Valid, unexpired permanent resident card (Form I-551) issued by the Department of Homeland Security or United States Immigration and Naturalization Service; 
            • (v) Unexpired employment authorization document issued by Department of Homeland Security, Form I-766 or Form I-688B; 
            • (vi) Unexpired foreign passport with the following:  a valid, unexpired United States visa affixed and an approved I-94 form documenting the applicant’s most recent admittance into the United States or a Department of Homeland Security admittance stamp on the passport; 
            • (vii) Certificate of naturalization 149-6 §19-149-3 issued by Department of Homeland Security, Form N-550 or Form N570; 
            • (viii) Certificate of citizenship, Form N-560 or Form N-561, issued by Department of Homeland Security; 
            • (ix)  Valid, unexpired Real ID compliant U.S.  Jurisdiction-issued driver’s license, identification card, or photo learner’s permit, permit must include signature, and the card holder’s name must match other submitted documents that are presented; 
            • (x) Applicants who established a name other than the name that appears on a source document (marriage, adoption, court order, or other mechanism permitted by state law or administrative rule) must provide evidence of the name change through the presentation of documents issued by a court, governmental body or other entity as determined by the State; or 
            • (xi) Persons desiring alteration of their identification card based on a change of gender must pay the duplicate card fee;  
            • (xii) Additional documentation may be required if the documentation provided is questionable.
          • (B)  Date of birth:  To establish date of birth, the applicant must present at least one document included in clauses (i) through (ix) of subparagraph (A) of this paragraph. In addition, U.S. Department of Defense DD Form 214 may be accepted for birth dates 1935 or earlier.
          • (C)  Social security number:  To establish the social security number, the applicant must present:
            • (i) A Social Security Administration account number card; or  
            • (ii) A letter of non-eligibility issued by the Social Security Administration if the applicant is not entitled to receive a social security number.  The examiner of drivers may issue a pseudo-number in lieu of the social security number, provided the applicant is not entitled to receive a social security number.  For purposes of this section, a pseudo-unique number shall be computer generated and begin with the letters “NSS” followed by six numerical digits.  NSS numbers issued shall be unique.  For social security number purposes, a middle name (and suffix) are not considered a part of the legal name and can be abbreviated, omitted or misspelled.  Allow first and last name on the social security card to exclude special characters, e.g., hyphen, apostrophe, okina, etc. 
          • (D) For only those applicants claiming United States citizenship:  Any document listed above in (2)(A)(i), (ii), (iii),(vii) and (viii) may be used to document United States citizenship.
        • (3) The signature of the applicant or distinguishing mark to confirm the applicant’s identity or signify the authenticity of the applicant’s attestation. The examiner of drivers shall not accept any application where the signature or distinguishing mark includes any disclaimer, qualification, restriction or condition.
  • Acceptable Digital Identification
    • Hawaii Mobile ID
      • A mobile driver’s license (mDL) or digital identification is an authenticated digital version of your REAL ID compliant driver’s license or state identification card. The process involves capturing a photo of the front and back of your identification card and following your device’s procedures for biometric verification. This information is then sent securely to the issuing authority to authenticate the digital ID. A government entity or business can then use a mobile reader to check if a digital ID is valid and belongs to the person presenting it
  • What requirements are needed to acquire acceptable ID’ and Acceptable Digital ID’s
    • See above 
  • What types of identification are accepted for non-citizen or foreign nationals in this state?
    • Foreign Nationals
      • Applicants who are temporarily authorized to be in the U.S. are required to present in-person documentary proof of legal name, date of birth, social security number, legal presence and Hawaii principal residence address when applying for an initial Hawaii State Identification Card.
      • Applicants who are temporarily authorized to be in the U.S. are required to present in-person documentation of continued legal presence in the U.S. when applying for a duplicate or renewal of a Hawaii State Identification Card.
      • If you are temporarily authorized to be in the U.S., you are required to present proof of legal presence in-person.
  • Can undocumented individuals obtain a state ID or Driver’s license in this state?
    • No – must prove authorization to be in the US
  • What privacy protections are in place for Digital Id’s in this state?
  • Can Digital IDs be legally used for law enforcement verification?
    • No – Hawaii Mobile ID
      • No. Legislation, rulemaking, procurement of readers, and training is required before mDLs can be used in response to a lawful order by an officer

Alcohol

  • Age permitted to Access Alcohol Retailers and Venues (How old do you have to be to enter a bar? Include Federal Law and State Law)
    • May allow minors, who are accompanied by a parent or legal guardian of legal drinking age, on the licensee’s premises.
  • Age permitted to consume Alcohol
  • Age permitted to serve Alcohol
    • Haw. Rev. Stat. § 281-78
      • (3) Permit any liquor to be sold or served by any person eighteen to twenty years of age except in licensed establishments where selling or serving the intoxicating liquor is part of the minor’s employment, and where there is proper supervision of these minor employees to ensure that the minors shall not consume the intoxicating liquor;
      • (4) Permit any liquor to be sold or served by any person below the age of eighteen years upon any licensed premises, except in individually specified licensed establishments found to be otherwise suitable by the liquor commission in which an approved program of job training and employment for dining room waiters and waitresses is being conducted in cooperation with the University of Hawaii, the state community college system, or a federally sponsored personnel development and training program, under arrangements that ensure proper control and supervision of employees;
  • Age permitted to purchase Alcohol
    • HI Rev Stat § 281-101.5
      • It shall be unlawful for any person who keeps or maintains any restaurant or other premises where food, beverages, or entertainment are provided, or brought in by patrons or guests, whether compensated or not, to sell or provide or allow the consumption of liquor to or for any of the following persons knowing that such person has, or is about to obtain, liquor for consumption by the person on the premises, to wit: (1)  Any minor;
  • What is the consumable limit (if any)
    • N/A
  • What is the purchase limit (if any)
    • N/A
  • What is the legal BAC (Blood Alcohol Content) limit in this state?
  • Are there any exceptions for minors consuming alcohol (e.g., religious ceremonies, parental supervision)?
    • HI Rev Stat § 281-101.5
      • (b)  No minor shall consume or purchase liquor and no minor shall consume or have liquor in the minor’s possession or custody in any public place, public gathering, or public amusement, at any public beach or public park, or in any motor vehicle on a public highway; provided that notwithstanding any other law to the contrary, this subsection shall not apply to:
        • (1)  Possession or custody of liquor by a minor in the course of delivery, pursuant to the direction of the minor’s employer lawfully engaged in business necessitating the delivery;
        • (2)  Possession, custody, or consumption of liquor by a minor in connection with the minor’s authorized participation in religious ceremonies requiring such possession, custody, or consumption; or
  • What are the penalties for providing alcohol to minors at a private residence?
    • N/A

Tobacco

  • Age permitted to access Tobacco Retailers and Venues (How old do you have to be to enter a cigar shop, smoke shop, or smoking lounge? Include Federal Law and State Law)
    • Hawaii Code §712-1258
      • (1)  It shall be unlawful to sell or furnish a tobacco product in any shape or form or an electronic smoking device to a person under twenty-one years of age.
      • (2)  All persons engaged in the retail sale of tobacco products or electronic smoking devices shall check the identification of tobacco product or electronic smoking device purchasers to establish the age of the purchaser if the purchaser reasonably appears to be under twenty-seven years of age.
      • (3)  It shall be an affirmative defense that the seller of a tobacco product or an electronic smoking device to a person under twenty-one years of age in violation of this section had requested, examined, and reasonably relied upon a photographic identification from the person establishing that person’s age as at least twenty-one years of age prior to selling the person a tobacco product or an electronic smoking device.  The failure of a seller to request and examine photographic identification from a person under twenty-one years of age prior to the sale of a tobacco product or an electronic smoking device to the person shall be construed against the seller and form a conclusive basis for the seller’s violation of this section.
    • Hawaii Bill §328J-18
      • a)  Except as otherwise provided under this section, a retailer may sell cigarettes, smokeless tobacco, and all other tobacco products only in a direct, face-to-face exchange between the retailer and the consumer.  Examples of methods of sale that are not permitted include vending machines and self-service displays. (b)  A retailer may only display or store cigarettes and tobacco products:
      • (1)  Behind a sales counter or in any other area of the establishment that is inaccessible to the public; or
      • (2)  In a locked container.
      • (c)  This section shall not apply to:
        • (1)  A duty-free sales enterprise selling duty-free merchandise in accordance with the provisions of title 19 United States Code section 1555(b), and any implementing regulations; and
        • (2)  Retail tobacco stores, bars, or any other establishment for which the minimum age for admission is eighteen
  • Age permitted to use Tobacco
  • Age permitted to sell Tobacco
    • 18 years old 
    • Hawaii Bill §328J-18
      • a)  Except as otherwise provided under this section, a retailer may sell cigarettes, smokeless tobacco, and all other tobacco products only in a direct, face-to-face exchange between the retailer and the consumer.  Examples of methods of sale that are not permitted include vending machines and self-service displays. (b)  A retailer may only display or store cigarettes and tobacco products:
      • (1)  Behind a sales counter or in any other area of the establishment that is inaccessible to the public; or
      • (2)  In a locked container.
      • (c)  This section shall not apply to:
        • (1)  A duty-free sales enterprise selling duty-free merchandise in accordance with the provisions of title 19 United States Code section 1555(b), and any implementing regulations; and
        • (2)  Retail tobacco stores, bars, or any other establishment for which the minimum age for admission is eighteen
  • Age permitted to purchase Tobacco
    • Hawaii Code §712-1258
      • (1)  It shall be unlawful to sell or furnish a tobacco product in any shape or form or an electronic smoking device to a person under twenty-one years of age.
      • (2)  All persons engaged in the retail sale of tobacco products or electronic smoking devices shall check the identification of tobacco product or electronic smoking device purchasers to establish the age of the purchaser if the purchaser reasonably appears to be under twenty-seven years of age.
      • (3)  It shall be an affirmative defense that the seller of a tobacco product or an electronic smoking device to a person under twenty-one years of age in violation of this section had requested, examined, and reasonably relied upon a photographic identification from the person establishing that person’s age as at least twenty-one years of age prior to selling the person a tobacco product or an electronic smoking device.  The failure of a seller to request and examine photographic identification from a person under twenty-one years of age prior to the sale of a tobacco product or an electronic smoking device to the person shall be construed against the seller and form a conclusive basis for the seller’s violation of this section
  • What is the consumable limit (if any)
    • N/A
  • What is the purchase limit (if any)
    • N/A
  • Are vaping products regulated differently from traditional tobacco in this state?
    • No
  • Are flavored vapes or disposable e-cigarettes banned?
    • FDA
    • Federal law prohibits the sale of closed-system devices (pods, cartridges) containing e-liquid in flavors other than tobacco or menthol.

Cannabis

  • Age permitted to access Cannabis Retailers and Venues (How old do you have to be to enter a dispensary or smoke shop? Include Federal Law and State Law)
    • Recreational Cannabis Use is illegal in Hawaii 
    • Hawaii §329D-15
      • a)  No person shall intentionally or knowingly enter or remain upon the premises of a medical cannabis retail dispensing location unless the individual is:
        • (B)  The person is at least twenty-one years of age, as verified by a valid government issued identification card;
  • Age permitted to use Cannabis
    • No age mentioned in the legislation; however, everyone must have a “primary caregiver” which is – a person eighteen years of age or older, other than the qualifying patient and the qualifying patient’s physician or advanced practice registered nurse, who has agreed to undertake responsibility for managing the well-being of the qualifying patient with respect to the medical use of cannabis.  In the case of a minor or an adult lacking legal capacity, the primary caregiver shall be a parent, guardian, or person having legal custody.
  • Age permitted to sell Cannabis
    • Hawaii §329D-6
      • (c)  No person under the age of twenty-one shall be employed by a dispensary licensee.
  • Age permitted to purchase Cannabis
    • Hawaii §329D-7
      • (B)  For retail dispensing locations:
        • (i)  Presentation of a valid government-issued photo identification and a valid identification as issued by the department pursuant to section 329-123 by a qualifying patient or caregiver, or section 329-123.5 by a qualifying out-of-state patient or caregiver of a qualifying out-of-state patient, upon entering the premises;
  • What is the consumable limit (if any)
    • Hawaii §329D-7
      • (12)  The quantities of cannabis and manufactured cannabis products that a dispensary may sell or provide to a qualifying patient, primary caregiver, qualifying out-of-state patient, or caregiver of a qualifying out-of-state patient; provided that no dispensary shall sell or provide to a qualifying patient, primary caregiver, qualifying out-of-state patient, or caregiver of a qualifying out-of-state patient any combination of cannabis and manufactured cannabis products that:
        • (A)  During a period of fifteen consecutive days, exceeds the equivalent of four ounces of cannabis; or
        • (B)  During a period of thirty consecutive days, exceeds the equivalent of eight ounces of cannabis;
  • What is the purchase limit (if any)
    • Hawaii §329D-7
      • (12)  The quantities of cannabis and manufactured cannabis products that a dispensary may sell or provide to a qualifying patient, primary caregiver, qualifying out-of-state patient, or caregiver of a qualifying out-of-state patient; provided that no dispensary shall sell or provide to a qualifying patient, primary caregiver, qualifying out-of-state patient, or caregiver of a qualifying out-of-state patient any combination of cannabis and manufactured cannabis products that:
        • (A)  During a period of fifteen consecutive days, exceeds the equivalent of four ounces of cannabis; or
        • (B)  During a period of thirty consecutive days, exceeds the equivalent of eight ounces of cannabis;
  • Can minors obtain medical cannabis with a prescription?
    • Yes 
    • Hawaii §329D-17
      • Prohibition of distribution of medical cannabis and medical cannabis products to minors; penalties.
        • (a)  A person commits the offense of promoting medical cannabis or medical cannabis products to a minor if the person intentionally or knowingly distributes any amount of cannabis or manufactured cannabis products that came from a dispensary or production center to a minor who is not a registered qualifying patient or a registered qualifying out-of-state patient under eighteen years of age.
        • (b)  Any person who violates this section shall be guilty of a class B felony

Adult Media

  • Age permitted to access Adult Content ONLINE
    • No – two bills currently being considered:
  • Age permitted to access Adult Retailers and Venues (Sex shops, Strip Clubs, burlesque)
    • These laws are set at the county level. For example:
      • Maui 19.85.030
        • No person under the age of twenty-one shall be permitted to view the live adult entertainment activity;
      • Honolulu § 34-10.4
        • A person under 21 years of age shall not enter a nude dancing nightclub during its business hours unless the person is an employee of the establishment and at least 18 years of age.
  • Are websites required to verify age for accessing adult content?
    • No
  • What penalties exist for providing minors access to adult material online?
    • Title 18 Section 1470 Federal laws prohibit the distribution of obscene materials to minors. Violations can result in significant fines and imprisonment.
  • What is the minimum age to work in the adult entertainment industry?
  • Are there restrictions on employment terms for adult content creators?
    • None at the state level

Voting

  • Age permitted to register to vote in the state
    • To register to vote in Hawaii, you must be:
      • A U.S. Citizen – Hawaii §11-15
        • Non-U.S. citizens, including U.S. nationals, do not qualify.
      • A Resident of the State of Hawaii – Hawaii §11-13
        • Residency cannot simply be because of the applicant’s presence in the state, but that residency was acquired with the intent to make Hawaii the person’s legal residence with all the accompanying obligations therein.
      • At least eighteen (18) years of age – Hawaii §11-12
      • Hawaii law allows eligible individuals to pre-register at 16 years of age and upon reaching 18 years of age will automatically be registered to vote and mailed a ballot.
    • Federal Law:
  • Age permitted to vote in the state
  • What Identification requirements are needed to vote on a regular ballot
    • Hawaii §11-12, Hawaii §11-13, and Hawaii §11-15
      • The affidavit shall contain the following information:
        • (1)  Name;
        • (2)  The applicant’s Hawaii driver’s license number or Hawaii state identification card number; provided that:
          • (A)  If no driver’s license or identification card has been issued to the applicant, the last four digits of the applicant’s social security number; and
          • (B)  If no social security number has been issued to the applicant, an election official or county clerk shall assign the applicant a unique identification number for voter registration purposes and enroll the applicant in the State’s computerized voter registration list, if any;
        • (3)  Date of birth;
        • (4)  Residence, including mailing address;
  • What Identification requirements are needed to vote on a Provisional ballot
    • Same Day Voting – Hawaii §11-15.2
      • (c)  The registration clerk may accept, as prima facie evidence, the allegation of the person in the application regarding the person’s residence in accordance with section 11-15(b), unless the allegation is contested by a qualified voter.  The registration clerk may demand that the person furnish substantiating evidence to the other allegations of the person’s application in accordance with section 11-15(b).  If additional time or information is required to validate an application, the applicant shall be provided a provisional ballot. [L 2014, c 166, §1; am L 2019, c 136, §6; am L 2021, c 213, §6]
  • Voter Restrictions/ Requirements in place federally and within the state.
    • None

Legal

  • Laws on Presenting Identification to Law Enforcement
    • Under what circumstances is a person required to show ID to police?
      • Terry v. Ohio, 392 US
        • When an officer has reasonable suspicion that the person is involved in a crime
      • Hawaii § 291C-172
        • If the officer has reasonable grounds to believe that the person is being deceptive or misleading in providing the person’s name and address, the person shall provide such proof thereof, upon the lawful order or direction of the police officer.
    • Can you be detained or arrested for refusing to show ID?
      • In Hawaii, you are required to provide identification to a police officer only if:
        • You are operating a vehicle.
        • You are suspected of committing a crime.
        • You are being lawfully detained.
  • “Stop and Identify” Laws in this state
    • What is this state’s specific laws regarding police stops and ID requirements?
      • Hawaii § 291C-172
        • If the officer has reasonable grounds to believe that the person is being deceptive or misleading in providing the person’s name and address, the person shall provide such proof thereof, upon the lawful order or direction of the police officer.
    • Do you have the right to remain silent or refuse to provide ID in certain situations?
  • Public Place ID Requirements
    • Are there any public areas where a person must carry ID?
      • If they are attempting to buy alcohol or tobacco
    • Are there curfew or loitering laws requiring ID verification?
      • Hawaii § 712-1206
      • Territory of Hawaii v. Anduha
        • This appeal involves the validity of a statute of the territory of Hawaii providing that any person who shall habitually loaf, loiter, and/or idle upon any public street or highway or in any public place shall be guilty of a misdemeanor, and punished as therein provided. Session Laws 1929, Act 256, § 1.
  • Traffic Stops and ID Requirements
    • Are you required to provide an ID when pulled over by law enforcement?
      • Hawaii § 286-116
        • (a) Every licensee shall have a valid driver’s license in the licensee’s immediate possession at all times, and a valid motor vehicle or liability insurance identification card applicable to the motor vehicle operated as required under section 431:10C-107 and section 431:10G-106, when operating a motor vehicle, and shall display the same upon demand of a police officer.
    • What are the consequences of refusing to show ID during a traffic stop?
      • Hawaii § 286-116
        • At any time a law enforcement officer finds a motor vehicle in operation by a driver not in possession of the motor vehicle or liability insurance identification card required under section 431:10C-107 and section 431:10G-106, the officer shall issue a citation with the earliest possible date for court appearance in every instance.
  • Passenger ID Requirements in Vehicles
    • Do passengers need to show ID if a vehicle is stopped by law enforcement?
      • Not required to show their ID
    • Can passengers legally refuse to provide ID?
      • Yes
  • Curfew Laws for Minors
  • Trespassing and ID Requirements
    • Can police demand ID if someone is suspected of trespassing?
      • Yes – if a police officer has reasonable suspicion that a person is committing a crime, they are required to provide their name and address
    • What are the consequences of refusing to provide identification in such situations?
      • Detainment until identity can be proven