Is Delta 8 Legal in Hawaii?

Yes, Delta 8 THC is legal in Hawaii. It was in the passing of bill HB2689, that the agricultural definition of hemp was designated as all Cannabis Sativa material containing less than 0.3% Delta 9 THC by weight.

Legalization of medical marijuana began in 2000, when Hawaiian governor Ben Cayetano signed Act 228. This act allowed medical marijuana card holders to legally grow their own cannabis plants, or appoint a caretaker to do so. Hawaii was the first state to legalize medicinal marijuana through legislation rather than a state ballot. This act, however, did not create a market or allow for dispensaries.

By July 2015, Act 241 was passed, stating that the state’s Department of Health would create a dispensary program by 2016. To allow legal purchasing of cannabis, Senate Bill 321 was passed in 2016, allowing eight dispensaries across the islands. In August 2017, the first legal sale was made in a dispensary in Maui.

Delta 8 Laws in Hawaii

Delta 8 Laws in Hawaii fall under the legalization of Hemp. Hemp cannabis was legalized at the federal level with the passage of the 2018 Farm Bill, allowing for the cultivation, production, distribution, transportation, sale, and possession of hemp and hemp products containing 0.3% or less THC.

In 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 that is derived from hemp is legal, as long as the person isn’t possessing floral/leaf products. So for now stay clear of any Delta-8 Flower, however, all other Delta-8 THC products should be legal in Hawaii.

What does this mean for residents of Hawaii, and how does Hawaii treat compounds like cannabidiol (CBD), cannabigerol (CBG), and delta-8-tetrahydrocannabinol?

What is the Legal Status of CBD in Hawaii?

You might think the answer to this question is pretty straightforward since the 2018 Farm Bill legalized hemp cannabis in the U.S., including all 50 states. But in the State of Hawaii, there seems to be quite a bit of confusion surrounding CBD products.

Technically speaking, at the time CBD products are illegal in the Hawaii.  However, the state has done nothing to pursue companies selling CBD products, let alone consumers buying it.

From what it looks like, the State of Hawaii is more concerned with education of cannabis related products, and doesn’t seem to be concerned with hemp derived CBD products, as long as they fall under the same guidelines set fort by the federal Hemp Farm Bill.

Where to Buy Delta 8 THC in Hawaii, or Online?

Most smart people, like you, know shopping online is typically the fastest and most cost effective way get almost any product; including delta 8 THC products. Have the ability to buy directly from the brand, read reviews, take a look at third-party certificates of analysis (COA) tests, and compare products easily from the comfort of your home.

However, there are some companies producing delta 8 THC through potentially unsafe methods or that are selling products with higher delta-9 content that is legally allowed. For example, some are using heavy metal reagents or doing a poor job at removing the (illegal) delta 9 THC content or harsh chemicals and acids from the final product.

To reduce your odds of coming into this type of problem, it is recommended to always buy from brands that display their third-party COA’s – and this is the greatest benefits of buying online.

Additional Benefits of Ordering D8 THC online:

• Get better online pricing and seasonal discounts
• Easily read real customer product reviews & see third-party COA’s
• Convenience of ordering from the comfort of your home
• Typically a better product selection with online shops
• Products left on store shelves can expire if they there isn’t a lot of store traffic

Is a Medical Card Needed in Hawaii to Order Delta 8 THC Products?

As Delta 8 products are not regulated there are no medicinal Delta 8 THC products to purchase.  Therefore, even with a Medical Card for Delta 9 THC, it’s not necessary to show or have a card to purchase D8 products. It was derived from legal hemp — with less than 0.3% of THC — it falls under the same laws as CBD.

You can buy it without a medical license in all delta 8 THC legal states, including Hawaii.