Is THC-O Acetate Legal in Hawaii? (2026)

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

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§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.]

Instrument

Prohibitions on Sale

Source

https://health.hawaii.gov/hempprogram/files/2026/04/11-37_InterimHempRulesSummaryFinal-v3_4-2026.pdf

Retrieved

2026-07-18

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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.

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.

Instrument

Manufactured hemp product sale and prohibitions

Source

https://www.capitol.hawaii.gov/hrscurrent/Vol06_Ch0321-0344/HRS0328G/HRS_0328G-0003.htm

Retrieved

2026-11-01

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(g) No person shall sell, hold, offer, or distribute for sale any crude extract or manufactured hemp product into which an artificially derived cannabinoid or a synthetic cannabinoid has been added.

(h) No person shall sell, hold, offer, or distribute for sale any cannabinoid, artificially derived cannabinoid, synthetic cannabinoid, or 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.

"Artificially derived cannabinoid" means a chemical substance that is created by a chemical reaction that changes the molecular structure of any chemical substance derived from the plant genus cannabis. "Artificially derived cannabinoid" does not include: (1) A naturally occurring chemical substance that is separated from the plant genus cannabis by a chemical or mechanical extraction process; or (2) Cannabinoids that are produced by decarboxylation from naturally occurring cannabinoid acid without the use of a chemical catalyst

Instrument

Controlling provision (official text)

Source

https://www.capitol.hawaii.gov/hrscurrent/Vol06_Ch0321-0344/HRS0328G/HRS_0328G-0001.htm

Retrieved

2026-11-01

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"Artificially derived cannabinoid"
means a chemical substance that is created by a chemical reaction that changes
the molecular structure of any chemical substance derived from the plant genus
cannabis. "Artificially derived cannabinoid" does not include: