Is Delta-9 THC Legal in Hawaii?
Yes. Hemp-derived Delta 9 products can be purchased legally in Hawaii as long as they meet the 2018 Farm Bill guidelines.*
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Under the auspices of Hawaiian law, Delta-9 THC is considered a Schedule I controlled substance. This generally classifies it as having no accepted medical use and a high potential for abuse.
However, an exception exists for hemp-derived products containing less than 0.3% Delta-9 THC. The 2018 Federal Farm Bill effectively decriminalizes these products at the federal level, creating a legal grey area for states like Hawaii.
This grey area was clarified in 2020 when Governor David Ige signed House Bill 2689 into law. This law legally differentiated between hemp and marijuana. It also legalized certain types of hemp products including THC containing products that meet the guidelines set down by the 2018 federal Farm Bill.
As a result, the commercial cultivation and processing of hemp is now legal in Hawaii. Hawaii’s Department of Agriculture is responsible for licensing and regulating the production and use of hemp in the state.
This means that while you could technically possess hemp-derived products with less than 0.3% Delta-9 THC in Hawaii due to federal law, state law does not explicitly make allowances for this.
In this intricate dance between state and federal laws, consumers are advised to remain informed about local regulations and exercise discretion when considering the use of such products.
Again, while this summary provides a general understanding, it should not be relied upon as legal advice. For specific inquiries or concerns about local laws always consult with an attorney or other knowledgeable local source.*
Legal Status of Delta-8 in Hawaii
Legal Status of Marijuana in Hawaii
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Statutory References:
According to [Hawaii Revised Statutes §329-14], Delta-9 THC is listed as a Schedule I controlled substance.
However, the [2018 Federal Farm Bill] permits hemp-derived products with less than 0.3% Delta-9 THC, effectively declassifying them as controlled substances.
Hawaii’s [House Bill 2689] aligns state law with the Farm Bill.
