2021 Update:
Two crucial cannabis bill advanced in the Hawaii Legislature in early March. SB 767 would legalize cannabis and allow licensed business to cultivate, produce, and sell cannabis products. Allow cultivation of up to three mature plants.
The SB 758, would increase discriminalized possession threshold from three grams to one ounce.
Original Post:
In addition to the federal hemp laws laid out in the 2018 Farm Bill, each state has its own state hemp laws. Before we dive in on Hawaii Hemp Laws and the legality of CBD in Hawaii, it is important to understand the different types of hemp and CBD products that these laws may be applied to.
There are many (somewhat confusing) terms for hemp oil:
- 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.
- 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.
- 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).
FAQ: Hemp and CBD Legality in Hawaii
When it comes to buying CBD products, hemp flower, and hemp cigarettes here are some frequently asked questions that come up:
Is Full Spectrum CBD Legal in Hawaii?
That is a trick question because full-spectrum CBD is not the same as the so-called PCR Hemp Oil! This new marketing term is certainly introducing even more confusion around CBD products. 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 Messages:
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.”
CBD INFORMATION. State of Hawaii Department of Health.
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.
Is It Legal to Ship PCR Hemp Oil to Hawaii?
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.
Where to Buy Full Spectrum CBD Oil in Hawaii?
Hawaii CBD stores and online CBD stores can both be used for buying CBD in Hawaii.
Do you need a special license to purchase PCR 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.
How Does Hawaii Legally Define Hemp?
'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.
Growing and Selling Hemp in Hawaii
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 flower 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 are widely available despite their contested legal status.
The most unusual aspect of the CBD industry in the US is how such a massive and profitable industry can languish without clear regulation across 50 states with 50 different unique requirements. How long will this hemp market madness keep up? No one truly knows, but it will surely take some time for the federal government to get itself together amid its numerous other problems.
