Is Delta-8 THC Legal in Hawaii?

By | last updated April 14, 2022

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Although delta-8 THC is legal in Hawaii, oral and inhalable products are prohibited. That means you can’t buy delta 8 gummies, vapes, and other edible or inhalable products.

Read on for a detailed breakdown of delta-8 THC legality in the Aloha State.


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Hawaii Delta-8 THC Laws

Hawaii passed HB2689 in 2020, which legalized hemp products containing no more than 0.3% delta-9 THC.

This legislation mirrors federal hemp laws, particularly with its definition of hemp:

“Industrial hemp” means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 per cent on a dry weight basis.

Hawaii HB2689

By that definition, hemp-derived delta-8 THC products are legal in Hawaii. 

However, the state also passed new legislation in August 2021. These new rules prohibit the sale and distribution of edible and inhalable hemp products.

That means delta-8 gummies, drinks, vapes, flower, and other products that you can eat or inhale are banned. The only allowed products are tinctures, tablets, capsules, and softgels.

What is Delta-8 THC?

Tetrahydrocannabinol (THC) is the intoxicating compound in marijuana. It comes in several forms, including delta-9 and delta-8 THC.

Delta-9 is what people usually mean when they say THC because it’s the most abundant cannabinoid in cannabis. Meanwhile, delta-8 is considered a minor cannabinoid because its natural levels are low.

Delta-8 is weaker than delta-9 THC but can still get you high, causing euphoria, relaxation, and other similar effects (1).

Why Delta-8 THC is Federally Legal

A loophole in the 2018 Farm Bill means that you can make legal delta-8 THC from hemp.

The bill legalized hemp products, limiting them to a maximum of 0.3% delta-9 THC. By that definition, hemp-derived delta 8 is legal.

Delta 8 is made through a chemical reaction from CBD, the most abundant cannabinoid in hemp plants. As long as the resulting product meets the delta-9 THC limit, it’s considered legal.

States Where Delta-8 THC is Illegal

Each state has the authority to create its own delta 8 rules, with some choosing to regulate or outright ban it.

Delta-8 THC is currently illegal in 14 states: Alaska, Colorado, Delaware, Idaho, Iowa, Montana, New York, Nevada, North Dakota, Oregon, Rhode Island, Vermont, Utah, and Washington.

The Future of Delta 8 in Hawaii

Delta-8 THC is legal in Hawaii, except for edible or inhalable products. 

But that could change in the future. Hawaii failed to legalize recreational cannabis in 2021 but it might happen in 2022 or later.

When the bill does pass, it’s possible that delta-8 THC will be added to the regulations and treated the same way as adult-use cannabis. If that happens then delta 8 products will only be accessible from licensed retailers.

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