Is CBD (Cannabidiol, hemp-derived) Legal in Hawaii? (2026)

Edible / ingestible

Restricted

As of October 8, 2026, CBD (Cannabidiol, hemp-derived) is legal to sell at retail with restrictions in Hawaii as edible / ingestible. Hawaii: CBD forms and THC caps set by rule; drinks capped at 0.5 mg THC, tinctures must be unflavored. Controlling source: HAR ch. 11-37 (Standard, eff. 01/28/2026).

Verified October 8, 2026 · confidence: confirmed
Rule type
permanent
Tier
concentration cap
Effective
2026-01-28
Effectively prohibitive
Beverages over 0.5 mg total THC per container fail; flavored or sweetened tinctures and tinctures over 1 oz are barred.

What the record says

HAR ch. 11-37 (interim rules eff. Jan. 28, 2026) limits manufactured hemp products to edibles (tablets, capsules, powders, softgels, oil-based tinctures, gummies, beverages) and topicals. Tinctures must be unflavored with no non-hemp sweeteners, at most 3 mg total THC per serving and one ounce per container; other edibles at most 1 mg per serving and 5 mg per package; beverages 6 to 12 oz with no more than 0.5 mg total THC per container; total THC at 0.3%. Hemp may not be added to food except as these edible rules allow (11-37-3(c)). Tinctures may not be sold under 21 and all products carry the 21+ warning; test results by QR code or website; retailers and online sellers register (tinctures and topicals exempt). Applies to CBD ingestibles (oil/tincture, capsules, gummies, drinks). Limit noted: Tinctures: unflavored, <=1 oz, <=3 mg THC/serving; edibles <=1 mg/serving, 5 mg/package; drinks <=0.5 mg/container; 21+ (tinctures). Pending: Federal: from 2026-12-11 the federal hemp definition excludes final hemp-derived cannabinoid products (ingested, topical or animal use) with more than 0.4 mg combined total THC per container (Pub. L. 119-37 div. B sec. 781, as delayed by Pub. L. 119-103 sec. 2019); full-spectrum CBD above 0.4 mg per container becomes marijuana federally in every state.

Controlling language, verbatim

no more than one half milligram (0.5 mg) total tetrahydrocannabinol per container

Source of excerpt

Citations

  1. HAR ch. 11-37 (Standard, eff. 01/28/2026) (Hawaii Department of Health, 2026-10-07) PRIMARYOFFICIAL
  2. Hawaii DOH Retailer/Distributor Registry FAQ (Hawaii Department of Health, 2026-10-07) PRIMARYOFFICIAL
  3. Pub. L. 119-37, div. B, sec. 781 and Pub. L. 119-103, sec. 2019 (U.S. Government Publishing Office, 2026-10-07) PRIMARYOFFICIAL

Flower / raw plant

Illegal

As of October 8, 2026, CBD (Cannabidiol, hemp-derived) is illegal to sell at retail in Hawaii as flower / raw plant. Hawaii DOH rules ban sale of hemp flower, leaf, hemp cigarettes, cigars and pre-rolls. Effective 2026-01-28. Controlling source: HAR Chapter 11-37 (standard format, comp. 2026-01-28).

Verified October 8, 2026 · confidence: confirmed
Rule type
permanent
Tier
state named ban
Effective
2026-01-28
Effectively prohibitive
HAR 11-37-3(f) bars selling, holding for sale, offering or distributing hemp leaf, hemp floral material, hemp cigars or hemp cigarettes.

What the record says

HAR 11-37-3(f) prohibits any person from selling, holding for sale, offering or distributing hemp leaf or floral material, including hemp cigars and cigarettes; 11-37-3(e) separately bars aerosolized respiratory products. The DOH retailer FAQ states that hemp flower 'including hemp pre-rolls' cannot be sold, and the chapter (interim rules) is effective 01/28/26, with retailer/distributor/online-seller registration required from January 1, 2026 (11-37-11). The flower ban dates back to the 2021 interim rules (eff. Aug. 9, 2021). Shipping flag reflects that online sellers into Hawaii must register and cannot sell prohibited products. Penalty: DOH registration suspension/revocation and administrative fines; only the $500 to $2,000 tincture age fine was visible in the fetched text. Applies to CBD cigarettes, pre-rolls and flower. Flags: sale ban True, manufacture-only ban False, shipping ban True, 21+ False, license True, total-THC flower test False. Pending: Federal: hemp redefinition limiting hemp-derived products to 0.4 mg total THC per container now takes effect 2026-12-11 (moved from 2026-11-12 by H.R. 6500, signed 2026-09-02, per Foley Hoag Sept 2026); a 0.3% total-THC pre-roll can exceed 0.4 mg per container.

Controlling language, verbatim

No person shall sell, hold for sale, offer, or distribute any hemp leaf, hemp floral material, including but not limited to hemp cigars or hemp cigarettes, or viable hemp seeds

Source of excerpt

Citations

  1. HAR Chapter 11-37 (standard format, comp. 2026-01-28) (Hawaii Department of Health, 2026-10-07) PRIMARYOFFICIAL
  2. Retailer/Distributor Registry FAQ (Hawaii Department of Health, 2026-10-07) PRIMARYOFFICIAL
  3. Haw. Admin. R. 11-37-3(e)-(f) (am. and comp. 2026-01-28); HRS ch. 328G PRIMARYOFFICIAL
  4. Haw. Code R. 11-37-3 (Cornell LII, fallback) (Cornell LII, 2026-10-07)OFFICIAL
  5. A Temporary Reprieve for Hemp-THC Products... But what now? (Foley Hoag, Sept 2026) (Foley Hoag LLP, 2026-10-07)OTHER

Other

Gray area

As of October 8, 2026, CBD (Cannabidiol, hemp-derived) is in a legal gray area (sold in practice, exposed to an interpretive ban theory) in Hawaii as other. Hawaii: rule's product definition covers supplements for the animal diet; same form and THC limits. Controlling source: HAR ch. 11-37 (Standard, eff. 01/28/2026).

Verified October 8, 2026 · confidence: confirmed
Rule type
permanent
Tier
concentration cap
Effective
2026-01-28

What the record says

HAR ch. 11-37 (interim rules eff. Jan. 28, 2026) limits manufactured hemp products to edibles (tablets, capsules, powders, softgels, oil-based tinctures, gummies, beverages) and topicals. Tinctures must be unflavored with no non-hemp sweeteners, at most 3 mg total THC per serving and one ounce per container; other edibles at most 1 mg per serving and 5 mg per package; beverages 6 to 12 oz with no more than 0.5 mg total THC per container; total THC at 0.3%. Hemp may not be added to food except as these edible rules allow (11-37-3(c)). Tinctures may not be sold under 21 and all products carry the 21+ warning; test results by QR code or website; retailers and online sellers register (tinctures and topicals exempt). The manufactured hemp product definition covers supplements for the human or animal diet; there is no separate pet section. Applies to CBD pet products. Limit noted: Same edible form and THC rules (supplements for the animal diet). Pending: Federal: from 2026-12-11 the federal hemp definition excludes final hemp-derived cannabinoid products (ingested, topical or animal use) with more than 0.4 mg combined total THC per container (Pub. L. 119-37 div. B sec. 781, as delayed by Pub. L. 119-103 sec. 2019); full-spectrum CBD above 0.4 mg per container becomes marijuana federally in every state.

Controlling language, verbatim

no more than one half milligram (0.5 mg) total tetrahydrocannabinol per container

Source of excerpt

Citations

  1. HAR ch. 11-37 (Standard, eff. 01/28/2026) (Hawaii Department of Health, 2026-10-07) PRIMARYOFFICIAL
  2. Hawaii DOH Retailer/Distributor Registry FAQ (Hawaii Department of Health, 2026-10-07) PRIMARYOFFICIAL
  3. Pub. L. 119-37, div. B, sec. 781 and Pub. L. 119-103, sec. 2019 (U.S. Government Publishing Office, 2026-10-07) PRIMARYOFFICIAL

Topical

Restricted

As of October 8, 2026, CBD (Cannabidiol, hemp-derived) is legal to sell at retail with restrictions in Hawaii as topical. Hawaii: CBD topicals allowed at 0.3% total THC with test-result QR labeling. Controlling source: HAR ch. 11-37 (Standard, eff. 01/28/2026).

Verified October 8, 2026 · confidence: confirmed
Rule type
permanent
Tier
consumption restricted
Effective
2026-01-28

What the record says

HAR ch. 11-37 (interim rules eff. Jan. 28, 2026) limits manufactured hemp products to edibles (tablets, capsules, powders, softgels, oil-based tinctures, gummies, beverages) and topicals. Tinctures must be unflavored with no non-hemp sweeteners, at most 3 mg total THC per serving and one ounce per container; other edibles at most 1 mg per serving and 5 mg per package; beverages 6 to 12 oz with no more than 0.5 mg total THC per container; total THC at 0.3%. Hemp may not be added to food except as these edible rules allow (11-37-3(c)). Tinctures may not be sold under 21 and all products carry the 21+ warning; test results by QR code or website; retailers and online sellers register (tinctures and topicals exempt). Applies to CBD topicals. Limit noted: 0.3% total THC; QR test results; labeling. Pending: Federal: from 2026-12-11 the federal hemp definition excludes final hemp-derived cannabinoid products (ingested, topical or animal use) with more than 0.4 mg combined total THC per container (Pub. L. 119-37 div. B sec. 781, as delayed by Pub. L. 119-103 sec. 2019); full-spectrum CBD above 0.4 mg per container becomes marijuana federally in every state.

Controlling language, verbatim

no more than one half milligram (0.5 mg) total tetrahydrocannabinol per container

Source of excerpt

Citations

  1. HAR ch. 11-37 (Standard, eff. 01/28/2026) (Hawaii Department of Health, 2026-10-07) PRIMARYOFFICIAL
  2. Hawaii DOH Retailer/Distributor Registry FAQ (Hawaii Department of Health, 2026-10-07) PRIMARYOFFICIAL
  3. Pub. L. 119-37, div. B, sec. 781 and Pub. L. 119-103, sec. 2019 (U.S. Government Publishing Office, 2026-10-07) PRIMARYOFFICIAL

Status by product form in Hawaii

FormStatusHeadlineVerified
Edible / ingestible RestrictedHawaii: CBD forms and THC caps set by rule; drinks capped at 0.5 mg THC, tinctures must be unflavored.2026-10-08
Flower / raw plant IllegalHawaii DOH rules ban sale of hemp flower, leaf, hemp cigarettes, cigars and pre-rolls.2026-10-08
Other Gray areaHawaii: rule's product definition covers supplements for the animal diet; same form and THC limits.2026-10-08
Topical RestrictedHawaii: CBD topicals allowed at 0.3% total THC with test-result QR labeling.2026-10-08

Where CBD (Cannabidiol, hemp-derived) stands across the country

LegalRestrictedGray areaIllegalNot yet verified

Map and neighbor comparison show edible / ingestible. Open the interactive map · Every compound in Hawaii

Federal posture

Federal gray area. FDA: CBD barred from food and supplements (enforcement discretion); 0.4 mg per container cap starts Dec 11, 2026. Federal detail

Pending deadlines

  • 2026-12-11 · Federal · Federal hemp redefinition, Dec 11 piece: total THC 0.3% and 0.4 mg total THC per container (H.R. 6500 (Pub. L. 119-103) / Pub. L. 119-37 Sec. 781)
    From Dec 11, 2026 a final hemp product with more than 0.4 mg combined total THC (THCA included) per container is not hemp; full-spectrum CBD oils, gummies, topicals and pet products over 0.4 mg, and CBD flower and pre-rolls (0.3% total THC can exceed 0.4 mg per package) become marijuana federally. THC-free and broad-spectrum products at 0.4 mg or less stay hemp. Cannabinoids synthesized outside the plant are excluded.

Verbatim law on file for Hawaii

4 instruments on file for this compound's framework in Hawaii; 13 of 14 citations above are official sources. Each text carries its source and a fingerprint that changes when the law does.

Haw. Admin. R. 11-37-3 · Prohibited manufactured hemp productsOFFICIAL
Instrument
Prohibited manufactured hemp products
Source
https://health.hawaii.gov/hempprogram/consumers-of-mhp-faq/
Retrieved
2026-10-07
Fingerprint
235db61e54f06edc
Sale, hold for sale, offer or distribute of the following is PROHIBITED: Crude extract or MHP that is adulterated or misbranded; Crude extract or MHP that fails to meet applicable testing requirements; Any food into which a cannabinoid, artificially derived cannabinoid, synthetic cannabinoid, hemp, hemp biomass, or MHP has been added as ingredient (this does not apply to hemp that is GRAS by FDA for use in foods, nor allowable edible MHP forms that are compliant with Sec.11-37-5: tablets, capsules, powders, softgels, gelcaps, oil-based tinctures, gummies, beverages); Crude extract or MHP that has total THC concentration above 0.3%; Vape or other product used to aerosolize for respiratory routes of delivery containing hemp-derived cannabinoid, artificially derived cannabinoid, synthetic cannabinoid, or hemp; Hemp leaf, hemp floral material, including but not limited to hemp cigars or hemp cigarettes, viable seeds (this does not apply to sale of hemp leaf, hemp floral material, or viable seeds to a USDA licensed hemp producer or a DOH permitted hemp processor); MHP containing any viable seeds, leaf or floral materials; Except for external topically applied MHP, any product containing a hemp-derived cannabinoid, artificially derived cannabinoid, synthetic cannabinoid, hemp, hemp biomass, or MHP as an ingredient intended to be introduced via non-oral routes of entry to body (i.e. eyes, ears and nasal cavities, etc.); Crude extract directly to a consumer (crude extract shall only be sold to a permitted hemp processor or person with equivalent authority from regulatory agency in another jurisdiction); Contents from an open package of MHP to a consumer; Advertising, packaging, labeling that contains health or benefit claims that are unsubstantiated, false, or misleading in any way. DOH implementing guidance (Consumers of MHP FAQ, current 12/16/2025): 'Hawaii prohibits the sale of MHP that contain artificially derived or synthetic cannabinoids. This includes cannabinoids like delta-8 THC, delta-10 THC, THCO, THC-P, THC-H, THCjd, HHC, HHCO, CBN created from any naturally occurring cannabinoid, like CBD, that was extracted from hemp biomass, or using a non-hemp substance, like yeast or algae, to produce any cannabinoid. State law only allows for cannabinoids naturally occurring in hemp to be extracted for use in manufactured hemp products.'
Haw. Admin. R. 11-37-3(e)-(f) (am. and comp. 2026-01-28); HRS ch. 328G · Haw. Admin. R. 11-37-3(e)-(f) (am. and comp. 2026-01-28); HRS ch. 328GOFFICIAL
Instrument
Haw. Admin. R. 11-37-3(e)-(f) (am. and comp. 2026-01-28); HRS ch. 328G
Source
https://health.hawaii.gov/hempprogram/files/2026/02/Standard11-37HAR-20260128.pdf
Retrieved
2026-10-07
Fingerprint
7e1f52470eecfb58
§11-37-3 Prohibitions. ... (e) [No person shall sell, hold for sale, offer, or distribute] "any other product containing hemp used to aerosolize for respiratory routes of delivery, such as an inhaler, vape pen" [or other device designed for such purpose.] (f) "No person shall sell, hold for sale, offer, or distribute any hemp leaf, hemp floral material," "including but not limited to hemp cigars or hemp cigarettes, or viable hemp seeds" [...]. (h) [Products intended for] "non-oral routes of entry to the body" [are prohibited, with listed exceptions]. §11-37-11(a) "Beginning January 1, 2026, no manufactured hemp product distributor or manufactured hemp product retailer shall sell" [manufactured hemp products] "without a certificate of registration." [Bracketed spans summarized; the DOH compilation is stamped JAN 28 2026.]
Haw. Admin. R. Sec.11-37-3 · Prohibitions on SaleOFFICIAL
Instrument
Prohibitions on Sale
Source
https://health.hawaii.gov/hempprogram/consumers-of-mhp-faq/
Retrieved
2026-07-19
Fingerprint
235db61e54f06edc
Sale, hold for sale, offer or distribute of the following is PROHIBITED: Crude extract or MHP that is adulterated or misbranded; Crude extract or MHP that fails to meet applicable testing requirements; Any food into which a cannabinoid, artificially derived cannabinoid, synthetic cannabinoid, hemp, hemp biomass, or MHP has been added as ingredient (this does not apply to hemp that is GRAS by FDA for use in foods, nor allowable edible MHP forms that are compliant with Sec.11-37-5: tablets, capsules, powders, softgels, gelcaps, oil-based tinctures, gummies, beverages); Crude extract or MHP that has total THC concentration above 0.3%; Vape or other product used to aerosolize for respiratory routes of delivery containing hemp-derived cannabinoid, artificially derived cannabinoid, synthetic cannabinoid, or hemp; Hemp leaf, hemp floral material, including but not limited to hemp cigars or hemp cigarettes, viable seeds (this does not apply to sale of hemp leaf, hemp floral material, or viable seeds to a USDA licensed hemp producer or a DOH permitted hemp processor); MHP containing any viable seeds, leaf or floral materials; Except for external topically applied MHP, any product containing a hemp-derived cannabinoid, artificially derived cannabinoid, synthetic cannabinoid, hemp, hemp biomass, or MHP as an ingredient intended to be introduced via non-oral routes of entry to body (i.e. eyes, ears and nasal cavities, etc.); Crude extract directly to a consumer (crude extract shall only be sold to a permitted hemp processor or person with equivalent authority from regulatory agency in another jurisdiction); Contents from an open package of MHP to a consumer; Advertising, packaging, labeling that contains health or benefit claims that are unsubstantiated, false, or misleading in any way. DOH implementing guidance (Consumers of MHP FAQ, current 12/16/2025): 'Hawaii prohibits the sale of MHP that contain artificially derived or synthetic cannabinoids. This includes cannabinoids like delta-8 THC, delta-10 THC, THCO, THC-P, THC-H, THCjd, HHC, HHCO, CBN created from any naturally occurring cannabinoid, like CBD, that was extracted from hemp biomass, or using a non-hemp substance, like yeast or algae, to produce any cannabinoid. State law only allows for cannabinoids naturally occurring in hemp to be extracted for use in manufactured hemp products.'
HRS 328G-1 · DefinitionsOFFICIAL
Instrument
Definitions
Source
https://www.capitol.hawaii.gov/hrscurrent/Vol06_Ch0321-0344/HRS0328G/HRS_0328G-0001.htm
Retrieved
2026-07-02
Fingerprint
823a943b28b715de
As used in this chapter:

"Applicant" means the person applying to register as a hemp processor under this chapter.

"Cannabinoids" means any of the various naturally occurring, biologically active, chemical constituents of cannabis that bind to or interact with receptors of the endogenous cannabinoid system.

"Cannabis" means the genus of the flowering plant in the family Cannabaceae. For the purpose of this chapter, cannabis refers to any form of the plant where the delta-9 tetrahydrocannabinol concentration on a dry weight basis has not yet been determined.

"Certificate of registration" means the certificate issued by the department attesting that the applicant is registered to process hemp.

"Decarboxylated" means the completion of the chemical reaction that converts delta-9 tetrahydrocannabinol's acids (THCA) into delta-9-tetrahydrocannabinol. The decarboxylated value may be calculated using a conversion formula that sums delta-9-tetrahydrocannabinol and eighty-seven and seven tenths (87.7) per cent of THCA.

"Delta-9 tetrahydrocannabinol" or "THC" means the primary psychoactive component of cannabis.

"Department" means the department of health.

"Director" means the director of health.

"Dry weight basis" refers to a method of determining the percentage of a chemical in a substance after removing the moisture from the substance.

"Enclosed indoor facility" means a permanent, stationary structure with a solid floor, rigid exterior walls that encircle the entire structure on all sides, and a roof that protects the entire interior area from the elements of weather. Nothing in this definition shall be construed to relieve the registered applicant from the applicant's duty to comply with all applicable building codes and regulations.

"FDA" means the United States Food and Drug Administration.

"Hemp" means Cannabis sativa L. and any part of that plant, whether growing or not, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, with a delta-9-tetrahydrocannabinol concentration of not more than 0.3 per cent on a dry weight basis, as measured post-decarboxylation or by other similarly reliable methods.

"Hemp processor" means a person processing hemp to manufacture a hemp product.

"Hemp product" means a product that:
(1) Contains naturally occurring cannabinoids, compounds, concentrates, extracts, isolates, resins or derivatives from processed hemp;
(2) Does not include any living hemp plants, viable seeds, leaf materials, or floral materials;
(3) Has a delta-9-tetrahydrocannabinol concentration of not more than 0.3 per cent, as measured post-decarboxylation, or other similarly reliable methods;
(4) Is intended to be consumed orally to supplement the human or animal diet; and
(5) Is in the form of a tablet, capsule, powder, softgel, gelcap, or liquid form (e.g. hemp oil) to be used by the consumer to infuse edible items at home for personal use or for topical application to the skin or hair.
For purposes of this chapter, a hemp product shall be considered as intended for oral ingestion in liquid form only if it is formulated in a fluid carrier and it is intended for ingestion in daily quantities measured in drops or similar small units of measure per labeled directions for use.

"Manufacture" means to compound, blend, extract, infuse, or otherwise make or prepare a hemp product, but does not include planting, growing, harvesting, drying, curing, grading, or trimming a hemp plant or part of a hemp plant.

"Person" means an individual, firm, corporation, partnership, association, or any form of business or legal entity.

"Processing" means making a transformative change to the hemp plant following harvest by converting an agricultural commodity into a hemp product.

"Synthetic cannabinoid" means a cannabinoid that is:
(1) Produced artificially, whether from chemicals or from recombinant biological agents including but not limited to yeast and algae; and
(2) Not derived from the genus cannabis, including biosynthetic cannabinoids.

Related

CBD (Cannabidiol, hemp-derived) in other states

Same framework in Hawaii

Other compounds in Hawaii

Cite this page

Compound Analytics. "Is CBD (Cannabidiol, hemp-derived) Legal in Hawaii? (2026)." Compound Laws, https://compoundlaws.com/compounds/cbd/hawaii/. Accessed October 25, 2026.

Compound Laws, published by Compound Analytics, reports the record: statutes verbatim, official citations, enforcement facts and verification dates. Nothing here is legal advice and nothing here describes how to get around a law. A jurisdiction with no verified row is reported as not yet verified, never as legal. Found an error? Corrections policy.

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