Hawaii Hemp Laws | Legality Of CBD On The Island

Hawaii has a very storied history when it comes to cannabis and CBD hemp flower. This Island is known for some of the best sativa strains (Maui Wowie) to ever grace a cannabis smokers weed grinder. Hawaiian Haze hemp buds are some of the most prized in the CBD flower game. It only makes sense to shed some light on the current legality of CBD and hemp flower in the well known tourist destination.

There are many terms and types of CBD, let’s go over some definitions.

• Isolate or THC-Free Hemp Oil has only CBD and all other plant compounds have been removed, THC is undetectable. Pure CBD Isolate can also be purchased in powder form.
• Full-Spectrum Hemp Oil has all plant compounds, including less than 0.3% THC. Our MCT CBD oil is an example of a full spectrum hemp oil.
• Broad-Spectrum Hemp Oil has undetectable THC, but contains other plant compounds.
• PCR (Phytocannabinoid-Rich) Hemp Oil with Zero-THC is a new marketing term for broad-spectrum hemp oil.
• CBG Hemp Oil is a hemp oil from a cannabigerol (CBG) rich hemp strain that has more CBG than is found in CBD Hemp Oil.
• CBD Hemp Flower is the dried and harvested flower of the hemp plant. It can be used whole or extracted to make CBD isolate, Full-Spectrum CBD, or Broad-Spectrum CBD (PCR Hemp Oil). People often refer to CBD flower as hemp buds, hemp nugs, or smokable hemp.

When it comes to buying CBD products, hemp flower and hemp flower joints, here are some frequently asked questions that come up:

Well that’s a tricky one. Technically, you can ship CBD to Hawaii, but Hawaii has mostly refrained from imposing their own hemp and CBD laws, and instead has aligned all state laws to match federal laws. The state explicitly spoke out to warn consumers that all cannabis-derived products are prohibited within the state per FDA regulations. Many report being able to buy CBD and CBD flowers in Hawaii, but the laws are a bit misconstrued. 

While Hawaii hemp laws include a pilot hemp cultivation program, they firmly stand behind the FDA’s CBD rules:

Hawaii statutes are aligned with the FDA’s standards to protect the health of Hawaii residents, and support Hawaii Department of Health (DOH) policies that restrict the distribution of products not approved by the FDA.

Key Take Aways:

Products containing CBD are not generally considered safe and there may be potential health risks associated with them.

It is illegal to add CBD to food, beverages and cosmetics that are manufactured, distributed and sold in Hawaii.

CBD may not be sold as a “dietary supplement.”

CBD may not be marketed by asserting health claims because that would constitute prohibited misbranding or false advertising.

CBD is the active ingredient in an FDA-approved prescription drug. Therefore, it cannot be put into food, beverages and cosmetics, sold as a drug without a prescription, or marketed as a “dietary supplement.”

Some CBD products are available in Hawaii though. Products like CBD tinctures and capsules in some variations can comply with the FDA’s requirements. The FDA also has not explicitly prohibited the sale of hemp flower and smokable hemp. Products like CBD gummies do not comply though because they are a combination of CBD and food. Hawaii hemp laws also prohibit CBD in cosmetics and are most similar to California hemp laws regarding CBD. The best bet for these types of CBD products is by ordering online.

It is legal to ship ALL types of hemp products with less than 0.3% THC to all US States according to the 2018 Farm Bill.

Hawaii CBD stores and online CBD stores can both be used for buying CBD in Hawaii.

Do you need a special license to purchase Hemp Oil in Hawaii?

You don’t need a special license to purchase CBD hemp oil (all types) in Hawaii, only to grow, test, or sell products.

“Industrial hemp” means the plant Cannabis sativa L. and any part of that plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more

than 0.3 per cent on a dry weight basis or a tetrahydrocannabinol concentration allowed by federal law, whichever is greater, that is cultivated.

 Hawaii Revised Statues Chapter 141

Hawaiian hemp growers must be registered and licensed with the state. The Hawaii Department of Agriculture oversees this process but unlike many other states, it does not oversee hemp processing. They are unclear as to if CBD extraction from hemp flowers is even legal in their state and do not elaborate on how such businesses could legally establish themselves.

Hawaii’s hemp cultivation program is a pilot program. The bill to form an official program was vetoed in 2019. The pilot program remains in place, requiring farmers to follow the program’s rules and to plant only approved hemp strains.

Retail Hemp and CBD products must comply with Hawaii hemp laws:

• Products must contain no more than 0.3% THC
• Products must come from a registered farm
• Products must be tested by a licensed laboratory
• The THC must be reported as “total THC”

In addition to Hawaii state CBD laws and the 2018 Farm Bill hemp laws, the US Food and Drug Administration (FDA) has additional requirements for CBD and hemp companies to meet.

Hawaii state hemp laws allow for CBD products such as:

• Hemp concentrates and extracts (oils and tinctures)
• Industrial hemp for building or fiber materials
• Industrial hempseed (food product)
• Industrial hempseed oil (food product)

Like many states, Hawaii is trying to figure out how to regulate CBD products in a way that pleases the FDA, consumers, farmers, manufacturers, and retailers. And also like many states, CBD products CBD buds are widely available despite their contested legal status.

So this leaves many a bit confused as the the legality of hemp and CBD in Hawaii and we don’t blame them. What we can say is, we do ship a fair amount of hemp flower and CBD tincture to this paradise like Pacific Island. We know that the residents of Hawaii do enjoy a good craft hemp bud or two and have had no issues receiving their orders from us. That is the good news. If you are in Hawaii and would like to try our premium CBD products, order away, your package will be there in a few days in most cases!