Is Delta-9 THC (hemp-derived) Legal in Hawaii? (2026)

Vape / inhalable

Illegal

As of October 25, 2026, Delta-9 THC (hemp-derived) is illegal to sell at retail in Hawaii as vape / inhalable. Hemp Delta-9 vape - illegal. Effective 2021-08-09. Controlling source: Hawaii Administrative Rules Chapter 11-37, Hemp Processing and Manufactured Hemp Products (Interim Rules, eff. Jan. 28, 2026).

Verified October 25, 2026 (hash check) · confidence: confirmed
Rule type
emergency
Tier
state named ban
Limit
(total ban)
Effective
2021-08-09
Effectively prohibitive
HAR Sec.11-37-3 expressly prohibits: 'Vape or other product used to aerosolize for respiratory routes of delivery containing hemp-derived cannabinoid, artificially derived cannabinoid, synthetic cannabinoid, or hemp.' This is a named, form-specific ban regardless of THC content.

Controlling language, verbatim

Vape or other product used to aerosolize for respiratory routes of delivery containing hemp-derived cannabinoid, artificially derived cannabinoid, synthetic cannabinoid, or hemp [is PROHIBITED]. ... Hemp leaf, hemp floral material, including but not limited to hemp cigars or hemp cigarettes, viable seeds [is PROHIBITED].

Source of excerpt

Citations

  1. Hawaii Administrative Rules Chapter 11-37, Hemp Processing and Manufactured Hemp Products (Interim Rules, eff. Jan. 28, 2026) (Hawaii Dept. of Health, Office of Medical Cannabis Control and Regulation, 2026-07-18) PRIMARYOFFICIAL
  2. Haw. Rev. Stat. Chapter 328G, Hemp Processors (Hawaii State Legislature, 2026-07-18) PRIMARYOFFICIAL
  3. Haw. Admin. R. Sec.11-37-3 PRIMARYOFFICIAL
  4. Archive | Hemp Program (interim-rule version history and per-version summaries) (Hawaii State Department of Health) PRIMARYOFFICIAL
  5. Summary of Amendments -- Ch.11-37 (Interim Rules), Rev.3, April 2026 (Hawaii Dept. of Health, Office of Medical Cannabis Control and Regulation, 2026-04-01)OFFICIAL

Change history

  • Effective date changed from none to 2021-08-09.

Capsule / tablet

Restricted

As of October 25, 2026, Delta-9 THC (hemp-derived) is legal to sell at retail with restrictions in Hawaii as capsule / tablet. Hemp Delta-9 capsule - restricted. The limit is 5 mg total THC per package (mg per container). Controlling source: Hawaii Administrative Rules Chapter 11-37, Hemp Processing and Manufactured Hemp Products (Interim Rules, eff. Jan. 28, 2026).

Verified October 25, 2026 (hash check) · confidence: confirmed
Rule type
emergency
Tier
concentration cap
Limit
5 mg total THC per package (mg per container)

What the record says

Tablets, capsules, powders, softgels, and gelcaps capped at 1 mg total THC per serving (1 unit) and 5 mg total THC per container; same 21+, testing, and labeling requirements as gummies. Hawaii regulates hemp-derived delta-9 THC via a DOH-administered interim rule (HAR Ch.11-37, eff. 1/28/2026, most recently amended April 2026) rather than a controlled-substances schedule. Two routes of administration are named-banned outright regardless of potency -- inhalable/vape products and raw leaf/floral (smokable) material -- while oral/ingestible and topical forms are lawful within tight per-serving/per-container total-THC caps (as low as 0.5 mg/container for beverages) and require DOH processor permits plus retailer/distributor registration, lab testing, child-resistant packaging, and 21+ sale. Crude (unfinished) extract may never be sold direct-to-consumer in any form. Because these are administratively-labeled 'Interim Rules' pending permanent rulemaking, this determination should be re-checked when DOH finalizes Chapter 11-37.

Controlling language, verbatim

Vape or other product used to aerosolize for respiratory routes of delivery containing hemp-derived cannabinoid, artificially derived cannabinoid, synthetic cannabinoid, or hemp [is PROHIBITED]. ... Hemp leaf, hemp floral material, including but not limited to hemp cigars or hemp cigarettes, viable seeds [is PROHIBITED].

Source of excerpt

Citations

  1. Hawaii Administrative Rules Chapter 11-37, Hemp Processing and Manufactured Hemp Products (Interim Rules, eff. Jan. 28, 2026) (Hawaii Dept. of Health, Office of Medical Cannabis Control and Regulation, 2026-07-18) PRIMARYOFFICIAL
  2. Haw. Rev. Stat. Chapter 328G, Hemp Processors (Hawaii State Legislature, 2026-07-18) PRIMARYOFFICIAL
  3. Haw. Admin. R. Sec.11-37-3 PRIMARYOFFICIAL
  4. Summary of Amendments -- Ch.11-37 (Interim Rules), Rev.3, April 2026 (Hawaii Dept. of Health, Office of Medical Cannabis Control and Regulation, 2026-04-01)OFFICIAL

Beverage

Restricted

As of October 25, 2026, Delta-9 THC (hemp-derived) is legal to sell at retail with restrictions in Hawaii as beverage. Hemp Delta-9 drink - restricted. The limit is 5 mg total THC per package (mg per container). Controlling source: Hawaii Administrative Rules Chapter 11-37, Hemp Processing and Manufactured Hemp Products (Interim Rules, eff. Jan. 28, 2026).

Verified October 25, 2026 (hash check) · confidence: confirmed
Rule type
emergency
Tier
concentration cap
Limit
5 mg total THC per package (mg per container)
Effectively prohibitive
Beverages capped at 0.5 mg total THC per container, container must be 6-12 fl. oz.; the cap is low enough to be near-non-intoxicating but the form remains a lawful, DOH-registered retail category rather than a named ban.

Controlling language, verbatim

Vape or other product used to aerosolize for respiratory routes of delivery containing hemp-derived cannabinoid, artificially derived cannabinoid, synthetic cannabinoid, or hemp [is PROHIBITED]. ... Hemp leaf, hemp floral material, including but not limited to hemp cigars or hemp cigarettes, viable seeds [is PROHIBITED].

Source of excerpt

Citations

  1. Hawaii Administrative Rules Chapter 11-37, Hemp Processing and Manufactured Hemp Products (Interim Rules, eff. Jan. 28, 2026) (Hawaii Dept. of Health, Office of Medical Cannabis Control and Regulation, 2026-07-18) PRIMARYOFFICIAL
  2. Haw. Rev. Stat. Chapter 328G, Hemp Processors (Hawaii State Legislature, 2026-07-18) PRIMARYOFFICIAL
  3. Haw. Admin. R. Sec.11-37-3 PRIMARYOFFICIAL
  4. Summary of Amendments -- Ch.11-37 (Interim Rules), Rev.3, April 2026 (Hawaii Dept. of Health, Office of Medical Cannabis Control and Regulation, 2026-04-01)OFFICIAL

Change history

  • Status changed from illegal to restricted.
  • Status changed from restricted to illegal.

Edible / ingestible

Restricted

As of October 25, 2026, Delta-9 THC (hemp-derived) is legal to sell at retail with restrictions in Hawaii as edible / ingestible. Hemp Delta-9 edible - restricted. The limit is 5 mg total THC per package (mg per container). Controlling source: Hawaii Administrative Rules Chapter 11-37, Hemp Processing and Manufactured Hemp Products (Interim Rules, eff. Jan. 28, 2026).

Verified October 25, 2026 (hash check) · confidence: confirmed
Rule type
emergency
Tier
concentration cap
Limit
5 mg total THC per package (mg per container)

What the record says

'Gummies' (the DOH's representative edible category) are capped at 1 mg total THC per gummy and 5 mg total THC per container, must stay <=0.3% total THC, use only FDA-food-approved non-hemp ingredients, pass cannabinoid/contaminant lab testing, use child-resistant multi-serving packaging, and carry a 21+ warning label (HAR Ch.11-37, Interim Rules Summary Rev.3, April 2026). Hawaii regulates hemp-derived delta-9 THC via a DOH-administered interim rule (HAR Ch.11-37, eff. 1/28/2026, most recently amended April 2026) rather than a controlled-substances schedule. Two routes of administration are named-banned outright regardless of potency -- inhalable/vape products and raw leaf/floral (smokable) material -- while oral/ingestible and topical forms are lawful within tight per-serving/per-container total-THC caps (as low as 0.5 mg/container for beverages) and require DOH processor permits plus retailer/distributor registration, lab testing, child-resistant packaging, and 21+ sale. Crude (unfinished) extract may never be sold direct-to-consumer in any form. Because these are administratively-labeled 'Interim Rules' pending permanent rulemaking, this determination should be re-checked when DOH finalizes Chapter 11-37.

Controlling language, verbatim

Vape or other product used to aerosolize for respiratory routes of delivery containing hemp-derived cannabinoid, artificially derived cannabinoid, synthetic cannabinoid, or hemp [is PROHIBITED]. ... Hemp leaf, hemp floral material, including but not limited to hemp cigars or hemp cigarettes, viable seeds [is PROHIBITED].

Source of excerpt

Citations

  1. Hawaii Administrative Rules Chapter 11-37, Hemp Processing and Manufactured Hemp Products (Interim Rules, eff. Jan. 28, 2026) (Hawaii Dept. of Health, Office of Medical Cannabis Control and Regulation, 2026-07-18) PRIMARYOFFICIAL
  2. Haw. Rev. Stat. Chapter 328G, Hemp Processors (Hawaii State Legislature, 2026-07-18) PRIMARYOFFICIAL
  3. Haw. Admin. R. Sec.11-37-3 PRIMARYOFFICIAL
  4. Summary of Amendments -- Ch.11-37 (Interim Rules), Rev.3, April 2026 (Hawaii Dept. of Health, Office of Medical Cannabis Control and Regulation, 2026-04-01)OFFICIAL

Flower / raw plant

Illegal

As of October 25, 2026, Delta-9 THC (hemp-derived) is illegal to sell at retail in Hawaii as flower / raw plant. Hemp Delta-9 flower - illegal. Effective 2021-08-09. Controlling source: Hawaii Administrative Rules Chapter 11-37, Hemp Processing and Manufactured Hemp Products (Interim Rules, eff. Jan. 28, 2026).

Verified October 25, 2026 (hash check) · confidence: confirmed
Rule type
emergency
Tier
state named ban
Limit
(total ban)
Effective
2021-08-09
Effectively prohibitive
HAR Sec.11-37-3 expressly prohibits 'Hemp leaf, hemp floral material, including but not limited to hemp cigars or hemp cigarettes, viable seeds' from sale to consumers (an exception exists only for sale of hemp leaf/floral material/viable seeds to a USDA-licensed hemp producer or DOH-permitted hemp processor, i.e. not to end consumers).

Controlling language, verbatim

Vape or other product used to aerosolize for respiratory routes of delivery containing hemp-derived cannabinoid, artificially derived cannabinoid, synthetic cannabinoid, or hemp [is PROHIBITED]. ... Hemp leaf, hemp floral material, including but not limited to hemp cigars or hemp cigarettes, viable seeds [is PROHIBITED].

Source of excerpt

Citations

  1. Hawaii Administrative Rules Chapter 11-37, Hemp Processing and Manufactured Hemp Products (Interim Rules, eff. Jan. 28, 2026) (Hawaii Dept. of Health, Office of Medical Cannabis Control and Regulation, 2026-07-18) PRIMARYOFFICIAL
  2. Haw. Rev. Stat. Chapter 328G, Hemp Processors (Hawaii State Legislature, 2026-07-18) PRIMARYOFFICIAL
  3. Haw. Admin. R. Sec.11-37-3 PRIMARYOFFICIAL
  4. Archive | Hemp Program (interim-rule version history) (Hawaii State Department of Health) PRIMARYOFFICIAL
  5. Summary of Amendments -- Ch.11-37 (Interim Rules), Rev.3, April 2026 (Hawaii Dept. of Health, Office of Medical Cannabis Control and Regulation, 2026-04-01)OFFICIAL

Change history

  • Effective date changed from none to 2021-08-09.

Other

Restricted

As of October 25, 2026, Delta-9 THC (hemp-derived) is legal to sell at retail with restrictions in Hawaii as other. Hemp Delta-9 other - restricted. The limit is 5 mg total THC per package (mg per container). Controlling source: Hawaii Administrative Rules Chapter 11-37, Hemp Processing and Manufactured Hemp Products (Interim Rules, eff. Jan. 28, 2026).

Verified October 25, 2026 (hash check) · confidence: confirmed
Rule type
emergency
Tier
concentration cap
Limit
5 mg total THC per package (mg per container)

What the record says

Any other manufactured-hemp-product form defaults to the general <=0.3% total-THC cap, DOH registration/testing/labeling framework, and 21+ sale restriction, unless it falls within the named vape/flower/crude-extract-to-consumer bans. Hawaii regulates hemp-derived delta-9 THC via a DOH-administered interim rule (HAR Ch.11-37, eff. 1/28/2026, most recently amended April 2026) rather than a controlled-substances schedule. Two routes of administration are named-banned outright regardless of potency -- inhalable/vape products and raw leaf/floral (smokable) material -- while oral/ingestible and topical forms are lawful within tight per-serving/per-container total-THC caps (as low as 0.5 mg/container for beverages) and require DOH processor permits plus retailer/distributor registration, lab testing, child-resistant packaging, and 21+ sale. Crude (unfinished) extract may never be sold direct-to-consumer in any form. Because these are administratively-labeled 'Interim Rules' pending permanent rulemaking, this determination should be re-checked when DOH finalizes Chapter 11-37.

Controlling language, verbatim

Vape or other product used to aerosolize for respiratory routes of delivery containing hemp-derived cannabinoid, artificially derived cannabinoid, synthetic cannabinoid, or hemp [is PROHIBITED]. ... Hemp leaf, hemp floral material, including but not limited to hemp cigars or hemp cigarettes, viable seeds [is PROHIBITED].

Source of excerpt

Citations

  1. Hawaii Administrative Rules Chapter 11-37, Hemp Processing and Manufactured Hemp Products (Interim Rules, eff. Jan. 28, 2026) (Hawaii Dept. of Health, Office of Medical Cannabis Control and Regulation, 2026-07-18) PRIMARYOFFICIAL
  2. Haw. Rev. Stat. Chapter 328G, Hemp Processors (Hawaii State Legislature, 2026-07-18) PRIMARYOFFICIAL
  3. Haw. Admin. R. Sec.11-37-3 PRIMARYOFFICIAL
  4. Summary of Amendments -- Ch.11-37 (Interim Rules), Rev.3, April 2026 (Hawaii Dept. of Health, Office of Medical Cannabis Control and Regulation, 2026-04-01)OFFICIAL

Powder / bulk

Restricted

As of October 25, 2026, Delta-9 THC (hemp-derived) is legal to sell at retail with restrictions in Hawaii as powder / bulk. Hemp Delta-9 powder - restricted. The limit is 5 mg total THC per package (mg per container). Controlling source: Hawaii Administrative Rules Chapter 11-37, Hemp Processing and Manufactured Hemp Products (Interim Rules, eff. Jan. 28, 2026).

Verified October 25, 2026 (hash check) · confidence: confirmed
Rule type
emergency
Tier
concentration cap
Limit
5 mg total THC per package (mg per container)

What the record says

Grouped with tablets/capsules/softgels/gelcaps under the same 1 mg/serving, 5 mg/container cap. Hawaii regulates hemp-derived delta-9 THC via a DOH-administered interim rule (HAR Ch.11-37, eff. 1/28/2026, most recently amended April 2026) rather than a controlled-substances schedule. Two routes of administration are named-banned outright regardless of potency -- inhalable/vape products and raw leaf/floral (smokable) material -- while oral/ingestible and topical forms are lawful within tight per-serving/per-container total-THC caps (as low as 0.5 mg/container for beverages) and require DOH processor permits plus retailer/distributor registration, lab testing, child-resistant packaging, and 21+ sale. Crude (unfinished) extract may never be sold direct-to-consumer in any form. Because these are administratively-labeled 'Interim Rules' pending permanent rulemaking, this determination should be re-checked when DOH finalizes Chapter 11-37.

Controlling language, verbatim

Vape or other product used to aerosolize for respiratory routes of delivery containing hemp-derived cannabinoid, artificially derived cannabinoid, synthetic cannabinoid, or hemp [is PROHIBITED]. ... Hemp leaf, hemp floral material, including but not limited to hemp cigars or hemp cigarettes, viable seeds [is PROHIBITED].

Source of excerpt

Citations

  1. Hawaii Administrative Rules Chapter 11-37, Hemp Processing and Manufactured Hemp Products (Interim Rules, eff. Jan. 28, 2026) (Hawaii Dept. of Health, Office of Medical Cannabis Control and Regulation, 2026-07-18) PRIMARYOFFICIAL
  2. Haw. Rev. Stat. Chapter 328G, Hemp Processors (Hawaii State Legislature, 2026-07-18) PRIMARYOFFICIAL
  3. Haw. Admin. R. Sec.11-37-3 PRIMARYOFFICIAL
  4. Summary of Amendments -- Ch.11-37 (Interim Rules), Rev.3, April 2026 (Hawaii Dept. of Health, Office of Medical Cannabis Control and Regulation, 2026-04-01)OFFICIAL

Raw material / RUO

Illegal

As of October 25, 2026, Delta-9 THC (hemp-derived) is illegal to sell at retail in Hawaii as raw material / ruo. Hemp Delta-9 raw material - illegal. Effective 2021-08-09. Controlling source: Hawaii Administrative Rules Chapter 11-37, Hemp Processing and Manufactured Hemp Products (Interim Rules, eff. Jan. 28, 2026).

Verified October 25, 2026 (hash check) · confidence: confirmed
Rule type
emergency
Tier
state named ban
Limit
(total ban)
Effective
2021-08-09

Controlling language, verbatim

Vape or other product used to aerosolize for respiratory routes of delivery containing hemp-derived cannabinoid, artificially derived cannabinoid, synthetic cannabinoid, or hemp [is PROHIBITED]. ... Hemp leaf, hemp floral material, including but not limited to hemp cigars or hemp cigarettes, viable seeds [is PROHIBITED].

Source of excerpt

Citations

  1. Hawaii Administrative Rules Chapter 11-37, Hemp Processing and Manufactured Hemp Products (Interim Rules, eff. Jan. 28, 2026) (Hawaii Dept. of Health, Office of Medical Cannabis Control and Regulation, 2026-07-18) PRIMARYOFFICIAL
  2. Haw. Rev. Stat. Chapter 328G, Hemp Processors (Hawaii State Legislature, 2026-07-18) PRIMARYOFFICIAL
  3. Haw. Admin. R. Sec.11-37-3 PRIMARYOFFICIAL
  4. Archive | Hemp Program (interim-rule version history) (Hawaii State Department of Health) PRIMARYOFFICIAL
  5. Summary of Amendments -- Ch.11-37 (Interim Rules), Rev.3, April 2026 (Hawaii Dept. of Health, Office of Medical Cannabis Control and Regulation, 2026-04-01)OFFICIAL

Change history

  • Effective date changed from none to 2021-08-09.

Tincture / sublingual

Restricted

As of October 25, 2026, Delta-9 THC (hemp-derived) is legal to sell at retail with restrictions in Hawaii as tincture / sublingual. Hemp Delta-9 tincture - restricted. The limit is 5 mg total THC per package (mg per container). Controlling source: Hawaii Administrative Rules Chapter 11-37, Hemp Processing and Manufactured Hemp Products (Interim Rules, eff. Jan. 28, 2026).

Verified October 25, 2026 (hash check) · confidence: confirmed
Rule type
emergency
Tier
concentration cap
Limit
5 mg total THC per package (mg per container)

What the record says

Oil-based tinctures capped at 3 mg total THC per serving and 85 mg total THC per container (amended April 2026; prior interim cap was 2.5 mg/serving, 75 mg/container), max 1 fl. oz. container, restricted to sale to persons 21+, dropper/spray-top packaging required. Hawaii regulates hemp-derived delta-9 THC via a DOH-administered interim rule (HAR Ch.11-37, eff. 1/28/2026, most recently amended April 2026) rather than a controlled-substances schedule. Two routes of administration are named-banned outright regardless of potency -- inhalable/vape products and raw leaf/floral (smokable) material -- while oral/ingestible and topical forms are lawful within tight per-serving/per-container total-THC caps (as low as 0.5 mg/container for beverages) and require DOH processor permits plus retailer/distributor registration, lab testing, child-resistant packaging, and 21+ sale. Crude (unfinished) extract may never be sold direct-to-consumer in any form. Because these are administratively-labeled 'Interim Rules' pending permanent rulemaking, this determination should be re-checked when DOH finalizes Chapter 11-37.

Controlling language, verbatim

Vape or other product used to aerosolize for respiratory routes of delivery containing hemp-derived cannabinoid, artificially derived cannabinoid, synthetic cannabinoid, or hemp [is PROHIBITED]. ... Hemp leaf, hemp floral material, including but not limited to hemp cigars or hemp cigarettes, viable seeds [is PROHIBITED].

Source of excerpt

Citations

  1. Hawaii Administrative Rules Chapter 11-37, Hemp Processing and Manufactured Hemp Products (Interim Rules, eff. Jan. 28, 2026) (Hawaii Dept. of Health, Office of Medical Cannabis Control and Regulation, 2026-07-18) PRIMARYOFFICIAL
  2. Haw. Rev. Stat. Chapter 328G, Hemp Processors (Hawaii State Legislature, 2026-07-18) PRIMARYOFFICIAL
  3. Haw. Admin. R. Sec.11-37-3 PRIMARYOFFICIAL
  4. Summary of Amendments -- Ch.11-37 (Interim Rules), Rev.3, April 2026 (Hawaii Dept. of Health, Office of Medical Cannabis Control and Regulation, 2026-04-01)OFFICIAL

Topical

Restricted

As of October 25, 2026, Delta-9 THC (hemp-derived) is legal to sell at retail with restrictions in Hawaii as topical. Hemp Delta-9 topical - restricted. Controlling source: Hawaii Administrative Rules Chapter 11-37, Hemp Processing and Manufactured Hemp Products (Interim Rules, eff. Jan. 28, 2026).

Verified October 25, 2026 (hash check) · confidence: confirmed
Rule type
emergency
Tier
concentration cap

What the record says

Topical manufactured hemp products have no numeric total-THC-per-container cap in the current rule (marked 'N/A') but must stay <=0.3% total THC, be safe for topical/external use, and carry 'For external use only' and 21+ warnings. Topical application is also the sole non-oral route of administration DOH exempts from the general non-oral-route ban in Sec.11-37-3. Hawaii regulates hemp-derived delta-9 THC via a DOH-administered interim rule (HAR Ch.11-37, eff. 1/28/2026, most recently amended April 2026) rather than a controlled-substances schedule. Two routes of administration are named-banned outright regardless of potency -- inhalable/vape products and raw leaf/floral (smokable) material -- while oral/ingestible and topical forms are lawful within tight per-serving/per-container total-THC caps (as low as 0.5 mg/container for beverages) and require DOH processor permits plus retailer/distributor registration, lab testing, child-resistant packaging, and 21+ sale. Crude (unfinished) extract may never be sold direct-to-consumer in any form. Because these are administratively-labeled 'Interim Rules' pending permanent rulemaking, this determination should be re-checked when DOH finalizes Chapter 11-37.

Controlling language, verbatim

Vape or other product used to aerosolize for respiratory routes of delivery containing hemp-derived cannabinoid, artificially derived cannabinoid, synthetic cannabinoid, or hemp [is PROHIBITED]. ... Hemp leaf, hemp floral material, including but not limited to hemp cigars or hemp cigarettes, viable seeds [is PROHIBITED].

Source of excerpt

Citations

  1. Hawaii Administrative Rules Chapter 11-37, Hemp Processing and Manufactured Hemp Products (Interim Rules, eff. Jan. 28, 2026) (Hawaii Dept. of Health, Office of Medical Cannabis Control and Regulation, 2026-07-18) PRIMARYOFFICIAL
  2. Haw. Rev. Stat. Chapter 328G, Hemp Processors (Hawaii State Legislature, 2026-07-18) PRIMARYOFFICIAL
  3. Haw. Admin. R. Sec.11-37-3 PRIMARYOFFICIAL
  4. Summary of Amendments -- Ch.11-37 (Interim Rules), Rev.3, April 2026 (Hawaii Dept. of Health, Office of Medical Cannabis Control and Regulation, 2026-04-01)OFFICIAL

Status by product form in Hawaii

FormStatusHeadlineVerified
Vape / inhalable IllegalHemp Delta-9 vape - illegal2026-10-25
Capsule / tablet RestrictedHemp Delta-9 capsule - restricted2026-10-25
Beverage RestrictedHemp Delta-9 drink - restricted2026-10-25
Edible / ingestible RestrictedHemp Delta-9 edible - restricted2026-10-25
Flower / raw plant IllegalHemp Delta-9 flower - illegal2026-10-25
Other RestrictedHemp Delta-9 other - restricted2026-10-25
Powder / bulk RestrictedHemp Delta-9 powder - restricted2026-10-25
Raw material / RUO IllegalHemp Delta-9 raw material - illegal2026-10-25
Tincture / sublingual RestrictedHemp Delta-9 tincture - restricted2026-10-25
Topical RestrictedHemp Delta-9 topical - restricted2026-10-25

Where Delta-9 THC (hemp-derived) stands across the country

LegalRestrictedGray areaIllegalNot yet verified

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

Federal posture

Federally restricted. Hemp delta-9 THC vape - federally unscheduled inside the hemp definition; 0.4 mg per container cap lands Nov 12 2026 Federal detail

Pending deadlines

  • 2026-11-12 · Federal · Federal hemp redefinition, Nov 12 piece: products with cannabinoids not naturally produced by the plant leave hemp (H.R. 5371 (Pub. L. 119-37, Sec. 781))
  • 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)
    Pub. L. 119-103 (continuing resolution, Sept 2, 2026) delayed the rest of the Pub. L. 119-37 sec. 781 hemp definition to Dec 11, 2026 (CRS IF13136, Sept 28, 2026): hemp is measured by total tetrahydrocannabinols including THCA (0.3% dry weight), and any final product over 0.4 mg combined total THC and cannabinoids with similar effects per container leaves hemp. A product that leaves hemp is marijuana, Schedule I, in every state.

Verbatim law on file for Hawaii

4 instruments on file for this compound's framework in Hawaii; 43 of 43 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
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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

Delta-9 THC (hemp-derived) in other states

Same framework in Hawaii

Other compounds in Hawaii

Cite this page

Compound Analytics. "Is Delta-9 THC (hemp-derived) Legal in Hawaii? (2026)." Compound Laws, https://compoundlaws.com/compounds/d9/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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