The Legality of Hemp in Hawaii: A Comprehensive Guide
Since hemp-based products continue to rise in popularity, every state in the US has made its own strategy how to identify and control them. While several states have passed legislation distinguishing hemp from marijuana, and others have banned cannabinoids derived from hemp, like Delta 9 THC, this continues to be highly variable throughout the country.
One of these states is Hawaii, and its regulations on testing, labeling, and consumer access, compounded by the more restrictive nature of state law, are making things hard to understand.
The regulations just keep on adding another layer of complication for consumers who are marketing hemp goods with less than 0.3% Delta 9 THC (legal under the federal level, 2018 Farm Bill), which is not phytocannabinoid-rich.
Most people need clarification as to why hemp products are not legitimate. If that’s so and, like many in Hawaii, you’re wondering, “Is Delta 9 legal in Hawaii?” — here’s the answer.
The state of Hawaii has passed House Bill 2689, which decriminalizes several Delta 9 hemp-based products so long as those products contain no more than X amount of THC, and it can be proven beyond a reasonable doubt that they were not produced from marijuana.
In the following article, we will discuss the hemp industry in Hawaii and its regulations for hemp products containing Delta 9 and Delta 8 THC. This will help readers understand what impact those rules and limits may have on them and get answer to “Is Delta legal in Hawaii?”
Legal Hemp Definition in Hawaii
Hemp does not encompass cannabinoids, isomers, derivatives, or extracts. Hemp, hemp products, and the question of whether any form of THC contained in hemp is excluded are not addressed in the language of the banned drug.
"No person shall sell, hold for sale, offer or distribute any hemp product into which a synthetic cannabinoid has been added," reads the most recently passed legislation.
The definition of synthetic cannabinoids is:
"A cannabinoid that is (2) Not derived from the genus cannabis, including biosynthetic cannabinoids.' (1) produced artificially, whether from chemicals or recombinant biological agents including but not limited to yeast and algae;
The Basics of Hawaiian Delta-9 THC - Is Delta legal in Hawaii?
Delta-9 use derived from hemp is decriminalized in Hawaii. While many make the mistake of thinking that Delta 9 is marijuana, it is actually THC. While its concentration on a dry weight basis must exceed 0.3%, or it must be from the marijuana plant to be legally classified as such.
When the 2018 Farm Bill came into effect, all cannabinoids and all hemp-based products, such as CBD, Delta 8 THC, and Delta 9 THC, were made legal across the federal realm. Hawaii and a growing number of states legalized hemp products with House Bill 2689.
There is no doubt, in fact, regarding Delta-9 THC, Hawaii is light years ahead. The following is the rundown, which may be a little confusing:
In Hawaii, the use of hemp products that have delta-9 THC is legal. Therefore, Delta 9 must be at concentrations above 0.3% by dry weight (or from the marijuana plant) to be considered 'weed’.
Then, how does that impact you personally?
Whether you are just starting off with cannabis or you’re a seasoned smoker, if you’d like to elevate your mood using delta-9 edibles like our gummies, you need to learn the right and clear answer to, “Is Delta 9 legal in Hawaii?”
Through House Bill 2689, legislators in Hawaii authorized you and your friends to use hemp-derived Delta 9 in consumables and treats. Before you go out and buy any of these things though, you definitely want to ask your local stores about what the testing procedures are that HB2689 mandates. Only some businesses adheres to these rules.
Is Delta-9 THC Legal in Hawaii?
Of course!
Delta-9 derived from hemp use has been decriminalized in Hawaii. But the common misconception is that it’s just regular ‘weed’ (marijuana). If Delta 9 is present in more than 0.3% on a dry weight basis or is derived from marijuana, then it’s marijuana and unlawful.
Still, House Bill 2689 has made it legal to consume Delta 9 in most states in the US, including Hawaii, provided that the hemp from which it is derived has little to no 0.3%.
Relax, your fears over the legality of items like Delta 9 gummies or other narcotics in Hawaii might be laid to rest as we are entirely approved in Hawaii!
Hawaii House Bill 2689
House Bill 2689, signed into law in 2020 by Governor David Ige, did exactly that: legalized the sale of specific hemp products and divided hemp from marijuana after the 2018 Farm Bill had been passed by the US federal government. The conditions that legal THC products meet are the same as spelled out for consumption in the federal Farm Bill.
The law made commercial hemp growing and processing possible in Hawaii. A new set of regulations and rules were issued to put into place the Hawaii Department of Agriculture's issuing of hemp licenses overseeing the state's hemp industry.
Two important cannabis measures moved forward in the Hawaii Legislative Assembly in March 2021. Senate Bill 767, which legalized the cultivation, production, and sale of cannabis products by licensed companies, also permitted up to three fully grown plants to be grown.
The legal limit for possession was raised from three grams to one ounce by Senate Bill 758, which made the change.
The Significance of House Bill 2689 for Delta-9 in Hawaii
With certain limitations, Delta-9 THC is lawful in Hawaii. Under House Bill 2689, hemp, not marijuana, can be used as a source for delta-9, although it must have less than 0.3% THC by dry weight. This clarifies that delta-9 products can be bought and used legally in Hawaii so long as they are made from hemp.
It is great news for Hawaiians looking to buy delta-9 items and asking “Is Delta 9 legal in Hawaii?” But if your product is hemp based or less than 0.3% THC (by dry weight) then you’ve met the regulations.
When it comes to tasty Delta 9 gummies, feel free to indulge, but be careful that there’s less than 0.3% hemp in them. When it comes to affordable, tasty flavored candy, who could resist a charming stoner chick brand?
Pending Legislation
For the 2024 session, HB 1424 and SB 516 have been revived. As a result of these proposed labeling rules, hemp goods would be required to disclose where their hemp comes from and what proportion of it comes from Hawaii and other states.
The labeling of products containing hemp from more than one origin must indicate the provenance as "United States" or "Foreign" if the hemp originates from a country other than the US. It appears that this labeling rule is currently only applicable in Hawaii.
The companion measures HB 2449 and SB 3138 would clarify that the earlier definition of ambiguous wording about 'manufactured hemp product' excludes foods and drinks inadvertently left out of the term.
Is Delta 8 Legal in Hawaii?
Hawaii has legalized Delta 8 THC. However, even with competitive speculations concerning the actual legality of Delta 8 THC in Hawaii, the most recent statute in power as of September 22, 2021, clearly states that.
According to this law, all hemp-derived cannabinoids and isomers are now lawful in Hawaii. This means any tetrahydrocannabinol, except Delta 9 THC, as long as it’s below 0.3% dry weight of Delta 9 THC.
The Delta 9 THC percentage is below 0.3% because the 2018 Farm Bill de — -scheduled hemp back from Schedule 1, but only if industrial uses and derivatives fall within those guidelines.
Despite some ambiguity in the Department of Health’s interim administrative rules, the recent legislative revisions make it crystal apparent that hemp-derived Delta 8 THC products meeting these THC standards are legal in Hawaii.
By superseding earlier limitations, this state statute brings hemp derivative policy in line with federal laws.
Legal Hemp Products in Hawaii - What the Definition Says
A "hemp product" is defined as:
- Processed hemp containing cannabinoids, compounds, concentrates, extracts, isolates, resins, or any other processed hemp derived material.
- All that is not a live hemp plant, living seed, leaf, or floral material.
- Decarboxylation, post-decarboxylation, and other comparable, reliable methods to determine the concentration of delta-9-tetrahydrocannabinol should not exceed 0.3%.
- It should be taken orally as a dietary supplement in humans or animals.
- Also, it should be available in different forms such as tablets, capsules, powder, softgel, gelcap, or liquid (such as hemp oil) that people can use in order to infuse edible items at home or to apply on the skin, hair etc.
For a hemp product to be regarded as suitable for oral ingestion in liquid form, according to this chapter, it must be made in a fluid carrier, and the recommended daily dosage should be measured in drops or comparable small units of measurement as directed on the label.
Product Restrictions
There are rules that make it illegal to sell some hemp products:
- Tablets, capsules, powders, softgels, gelcaps, or liquid are the only acceptable forms of hemp-containing goods for oral use; gummies do not qualify.
- Also forbidden are any foods or drinks, even water in a bottle, that contain cannabinoids or other hemp derivatives.
- Additionally, vape liquids and other items containing marijuana designed for aerosol inhalation are not allowed.
- Also prohibited are things that are meant to be smoked or inhaled, such as hemp flower material, hemp leaves, hemp cigarettes, and related items.
- Prohibited are hemp products that are designed to be ingested orally or placed in the body through non-oral pathways, such as the eyes, ears, or nasal cavities.
Conclusion
Hemp-derived products, such as Delta-9 and Delta-8 THC, can be legally purchased in Hawaii by customers, according to the state's unique approach to hemp regulation. However, these products must meet strict federal and state standards.
House Bill 2689 and its related measures seek to differentiate hemp from conventional marijuana while simultaneously protecting consumers by addressing important issues, including product labeling, purity standards, and the ban on synthetic cannabinoids.
As a result of its recent legalization of hemp-derived Delta-9 with less than 0.3% THC, Hawaii has opened the door to a wider variety of edibles and candies while strictly limiting hemp-infused drinks and smokeables, which may attract minors or be harmful to them.
The recent emphasis on precise labeling and quality control is indicative of Hawaii’s commitment to upholding an honest and open hemp industry, which is in line with national initiatives to standardize cannabis regulation.
New legislation, such as HB 1424 and SB 516, aims to define produced hemp goods more precisely and require more thorough labeling processes; hence, firms must be watchful when trying to answer their customers about, “Is Delta 9 legal in Hawaii?”
