Smoking in Public Places
HRS 328J-6 — no smoking in enclosed public places and workplaces, or within twenty feet of their doors
Smoking is prohibited in all enclosed or partially enclosed areas open to the public, including bars, restaurants, nightclubs, retail stores, malls, airports from curb to cabin, buses and taxis, and the common areas of apartment buildings, and in all enclosed or partially enclosed workplaces.
Who handles this in Hawaii: legal aid programs, lawyer referral and the state offices, listed in the Hawaii directory.
- It is also prohibited within a presumptively reasonable distance of twenty feet from entrances, exits, windows that open, and ventilation intakes of those places.
- Exempt are private homes not used for care, designated hotel smoking rooms up to twenty per cent of rooms, retail tobacco stores, and outdoor areas of workplaces not otherwise covered.
- Smoking where it is prohibited is a violation with a fine of not more than $50.
A business that fails to comply is fined not more than $100 for a first violation, $200 for a second within one year, and $500 for each one after, and each day is a separate violation.
Sources for this section (5)
- HRS 328J-3 — Prohibition in enclosed or partially enclosed places open to the public
- HRS 328J-4 — Prohibition in enclosed or partially enclosed places of employment
- HRS 328J-6 — Presumptively reasonable distance
- HRS 328J-7 — Exceptions
- HRS 328J-12 — Penalties
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Hawaii attorney.