Is Delta 8 THC Legal in Hawaii?

Delta 8 THC is legal in Hawaii. In fact, the State of Hawaii has been on the forefront of industrial hemp since 1999, being the first state to grow industrial hemp since WWII. Some US States have different laws about hemp-based products like Delta 8 THC. For instance, even though federal law says that hemp-derived products are legal with a .3% or less delta-9 content level, some states set their own restrictions on these industrial hemp substances. 

Both types of THC including Delta-8 and Delta-9 THC can be purchased legally in the State of Hawaii.  Delta-8's closest substitute is Delta-9 THC where fans of this cannabinoid can actually place a Delta 9 online order and receive psychoactive products in the mail.  Everyone is talking about the new cannabinoid to hit the islands.  But first, everyone wants to know: is this stuff legal?

Yes, Delta 8 THC is legal in the State of Hawaii.

In Hawaii, Delta 8 is allowed. The up-and-coming cannabinoid derived from industrial hemp material, Delta-8 THC, is one of the tetrahydrocannabinols in hemp that is having a moment. Due to it being psychoactive, Hawaiians have wondered whether this particular cannabinoid known to get users "high" is considered possession of marijuana or is legal in the state. As experts in Delta-8 THC, we wanted to share insights gathered when it comes to buying Delta-8 THC in Hawaii.

With the president signing the 2018 Farm Bill into law, legal hemp products became available to the hemp and Delta-8 market. The restriction provided by the federal government specifically stated to limit the total delta-9 tetrahydrocannabinol concentration (Delta-9 THC) level to not exceed .3% as measured on a dry weight basis.

State lawmakers then took that guidance to determine the requirements for their own state's hemp plan. Thanks to Hawaii's lenient hemp laws, lawmakers' stance on tetrahydrocannabinols is clear: tetrahydrocannabinols from hemp are legal as long as the Delta-9 THC portion remains under .3%, despite its pharmacological activity.

Leaf materials and synthetic substances are off the table, too, in the state and you must have a license in order to grow your own hemp plants. Cannabinoids of hemp, including minor cannabinoids such as Delta-8 THC, are legal in Hawaii. This is exciting news as there are many forms of tetrahydrocannabinols for users to enjoy and with the .3% Delta-9 THC being one of the few limits on hemp, it allows the purchase of hemp by adults in the free market.

Current Hawaii Delta-8 Legislation

Hawaii has legalized hemp, amending the state’s Controlled Substances Act to include a clear distinction between hemp and marijuana. With the passage of bill HB2689, the agricultural definition of hemp was designated as all Cannabis Sativa material containing less than 0.3% delta-9-THC by weight.

In HB2689, it states the following:

"Marijuana" does not include [the]:

(1) The mature stalks of the plant[,] (genus) Cannabis, fiber produced from the stalks, oil, or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant [which] that is incapable of germination[.];

(2) Hemp that is in the possession, custody, or control of a person or entity that holds a license issued by the Hawaii department of agriculture permitting that person or entity to produce hemp;

(3) Hemp that is in the possession, custody, or control of a person or entity that is authorized under state law to process hemp; or

(4) A product containing or derived from hemp, including any product containing one or more hemp-derived cannabinoids such as cannabidiol, that:

(A) Does not include any living hemp plants, viable seeds, leaf materials, or floral materials; and

(B) Has a delta-9 tetrahydrocannabinol concentration of not more than 0.3 per cent on a dry weight basis, as measured post-decarboxylation or by other similarly reliable methods."

SECTION 15. Section 329-14, Hawaii Revised Statutes, is amended by amending subsection (g) to read as follows:

"(g) Any of the following cannabinoids, their salts, isomers, and salts of isomers, unless specifically excepted, whenever the existence of these salts, isomers, and salts of isomers is possible within the specific chemical designation:

(1) Tetrahydrocannabinols; meaning tetrahydrocannabinols naturally contained in a plant of the genus Cannabis (cannabis plant), as well as synthetic equivalents of the substances contained in the plant, or in the resinous extractives of Cannabis, sp. or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity to those substances contained in the plant, such as the following: Delta 1 cis or trans tetrahydrocannabinol, and their optical isomers; Delta 6 cis or trans tetrahydrocannabinol, and their optical isomers; and Delta 3,4 cis or trans-tetrahydrocannabinol, and its optical isomers (since nomenclature of these substances is not internationally standardized, compounds of these structures, regardless of numerical designation of atomic positions, are covered); provided that tetrahydrocannabinols under this subsection shall exclude tetrahydrocannabinols in hemp

Additionally, it reads:

A product containing or derived from hemp, including any product containing one or more hemp-derived cannabinoids such as cannabidiol, that:

(A) Does not include any living hemp plants, viable seeds, leaf materials, or floral materials; and

(B) Has a delta-9 tetrahydrocannabinol concentration of not more than 0.3 per cent on a dry weight basis, as measured post-decarboxylation or by other similarly reliable methods."

According to the law, Delta-8 THC derived from industrial hemp is legal, as long as the person isn't possessing floral/leaf materials. Therefore, stay clear of any Delta-8 Flower, but other Delta-8 THC products shouldn't be an issue in the state. Lawmakers in the state of Hawaii have fully legalized hemp, by defining it according to the federal definition and they also removed hemp-derived cannabinoids from their list of Controlled Substances.

Hawaii Industrial Hemp Act

In 1999, the legislature passed a bill which would allow a three year study which was privately funded. With this legislation, Hawaii became the first state to plant hemp since WWII. After the success of the results for the three year study, on December 14, 1999 Governor Cayetano proclaimed "National Industrial Hemp Day Hawaii." After 15 years, in 2014, Senator Gabbard introduced legislation which led to Hawaii's Industrial Hemp Act.

After 47 pieces of legislation, today the State of Hawaii Department of Agriculture manages the state's official industrial hemp program. Now locals can participate in the legal hemp market in Hawaii by following the guidelines they provide online.

List of controlled substances

With the hemp legislation, lawmakers also amended the clause about tetrahydrocannabinols in the new Controlled Substances Act to exclude hemp-derived tetrahydrocannibinols, meaning what was once a controlled substance is now legal and can be grown freely within state lines.

Buying and Shipping Delta 8 in Hawaii

Since Delta 8 is legal in the State of Hawaii, residents can shop Delta 8 products with a shipping address located in the state and also purchase in-store.

Advocacy Groups in Hawaii Supporting Delta 8 and Hemp Laws

Hawaiians are continuously supportive of Delta 8 and pushing progress towards better Hemp Laws. Check out some of the standout organizations in the State:

Medical Marijuana of Hawaii

Hawaii Cannabis

The Medical Cannabis Coalition of Hawaii

News stories covering raids or busts on Delta 8 Products and stores in Hawaii

6/13/2022

Ex-workers make troubling allegations about Waikiki hemp shop, including that teen customer got sick

3/10/2021

Delta 8 Effects and Benefits: Your Complete Guide