Is Delta-8 THC Legal in Hawaii? (April 2023 Update)

By | Updated on October 5, 2023

Evidence Based 3

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Hawaii made delta-8 THC and other cannabinoids made from CBD through isomerization illegal in February 2022. Read on for a detailed breakdown of delta-8 THC legality in the Aloha State.


Delta-8 THC is illegal in Hawaii. The state banned delta-8, delta-10, and all other cannabinoids made through isomerization.

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Hawaii Delta-8 THC Laws

In August 2021, Hawaii’s Food and Drug Branch banned the sale of edible and inhalable hemp products.

They followed that up with interim rules in February 24, 2022, which completely banned delta-8 and other cannabinoids made from CBD through process called isomerization — which is how all delta-8 products are made:

Ingredient prohibition: cannabinoids created through isomerization, including delta-8-tetrahydrocannabinol and delta-10-tetrahydrocannabinol

Hawaii Food & Drug Branch

This effectively makes delta-8 THC illegal in Hawaii.

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 17 states: Colorado, Delaware, Hawaii, Idaho, Iowa, Massachusetts, Montana, New Hampshire, New York, North Dakota, Oregon, Rhode Island, Vermont, Utah, Virginia, Washington, and West Virginia.

The Future of Delta 8 in Hawaii

The only possible change I can see is that Hawaii legalizes recreational cannabis. If that happens, we’re likely to see delta-8 products sold in the legal market.

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