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Is CBD Legal in Hawaii? State Hemp Rules in 2026

Hawaii allows only certain CBD forms with tiny THC limits; flower, vapes and CBD foods are banned. Seller registration and rules as of November 5, 2026.

Last checked: Based on official sourcesNot legal advice.

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In short

As of November 5, 2026, CBD products are legal in Hawaii only in forms the state allows: gummies, drinks, oil-based tinctures, tablets, capsules, powders, softgels, gelcaps and topicals. Each must meet strict total THC limits, lab testing and labeling rules.[1, 2, 3]

Hemp flower, vapes and foods with added CBD are banned, as are synthetic or chemically converted cannabinoids such as delta-8 THC made from CBD. Since January 2026, stores and online sellers need a certificate of registration from the Department of Health.[2, 3, 4, 5]

As of November 5, 2026, Hawaii's hemp products law, HRS chapter 328G, was set to be repealed on July 1, 2027, unless the Legislature changes that date.[6]

At a glance

Is CBD Legal in Hawaii? State Hemp Rules in 2026
TopicStatus
Is CBD legal?Yes, in approved forms. As of November 5, 2026, Hawaii allows "manufactured hemp products" taken by mouth or put on the skin, if they meet state limits and pass testing. The Department of Health says Hawaii has not set any limit on the amount of CBD in these products.[1, 3, 7]
Hemp definition and THC limitHawaii law (HRS 328G-1) defines hemp as Cannabis sativa L. with no more than 0.3% delta-9 THC on a dry-weight basis, measured after decarboxylation. The state's rules also cap total THC (THCA, delta-9 and delta-8 THC) at 0.3% in every product, plus milligram limits: 1 mg per piece and 5 mg per container for gummies, tablets and capsules; 0.5 mg per drink; and 3 mg per serving and 85 mg per 1-ounce bottle for tinctures.[1, 2, 3, 7]
CBD in food and drinksFoods with added CBD or other cannabinoids, like chocolate, honey or baked goods, may not be sold. The exceptions are the approved forms: gummies, drinks of 6 to 12 fluid ounces with no more than 0.5 mg total THC, tinctures, tablets, capsules, powders, softgels and gelcaps. Hemp ingredients the FDA recognizes as safe for food are also allowed. Products may not contain alcohol, caffeine, kava, nicotine or tobacco.[1, 2, 3]
Intoxicating hemp products (delta-8, THCA flower and similar)Mostly banned. Hawaii bans hemp products with artificially derived or synthetic cannabinoids, such as delta-8 THC, THC-O, HHC or CBN made from CBD. Delta-8 that occurs naturally in the plant may be extracted and used, and it counts toward the total THC limit. Hemp flower, leaf, pre-rolls, hemp cigarettes and vape products are also banned, whatever their THC or THCA level.[1, 2, 3, 7]
Minimum ageSelling a hemp tincture to anyone under 21 is against the law. Sellers must check the ID of tincture buyers who appear to be under 27. Labels on all manufactured hemp products must say "Not for sale to persons under the age of 21" or words of similar meaning.[2, 3, 8, 9]
Who can sell itSince January 1, 2026, retailers and distributors of manufactured hemp products, including online sellers outside Hawaii, need a certificate of registration from the Department of Health. It costs $50 and lasts five years. The department began enforcing this on July 1, 2026. Sellers who offer only topicals or tinctures do not need to register. Making hemp products requires a Department of Health hemp processor permit.[2, 4, 5, 9]
Labels and lab testingEach batch must be tested for cannabinoids and contaminants. Labels must list total THC and other cannabinoids such as CBD, give access to the lab results, and include ingredients, directions and required warnings. Edible products with more than one serving must be in child-resistant packaging. Products may not look like candy or appeal to children, and health claims that are unproven or misleading are banned.[1, 2, 3]
Medical and adult-use marijuanaHawaii has a medical cannabis program under HRS chapter 329, part IX, run by the Department of Health's Office of Medical Cannabis Control and Regulation. We could not find a law allowing adult-use (recreational) marijuana sales in Hawaii as of November 5, 2026.[5, 10]
November 12 and December 11, 2026Hawaii writes its own hemp definition, based on delta-9 THC, and does not point to the federal one. Its rules already count total THC and ban synthetic and converted cannabinoids. But some of Hawaii's milligram limits, such as 5 mg per container for gummies, 0.5 mg per drink and 85 mg per tincture bottle, are above the federal 0.4 mg per container limit; in our reading, some products legal in Hawaii may not count as hemp under federal law after the change. From November 12, 2026, the federal definition excludes cannabinoids the plant cannot make naturally. The rest of the federal change is set for December 11, 2026, unless Congress delays it again.[2, 7, 11, 12]

How Hawaii defines hemp and hemp products

HRS 328G-1 defines hemp as Cannabis sativa L. with a delta-9 THC concentration of no more than 0.3% on a dry-weight basis, measured after decarboxylation. A "manufactured hemp product" is a product taken by mouth as a supplement (tablet, capsule, powder, softgel, gelcap or liquid such as hemp oil) or put on the skin or hair. It may not include living plants, viable seeds, leaves or flowers.[7]

The law also defines "artificially derived" and "synthetic" cannabinoids. The Department of Health's rules do not allow either in hemp products. The department says delta-8 THC that occurs naturally in the plant may be extracted and used, and it counts toward the total THC limit.[1, 2, 3, 7]

Allowed products and THC limits

Under the Department of Health's interim rules (HAR chapter 11-37, in effect since January 28, 2026), the allowed forms are gummies, drinks, oil-based tinctures, tablets, capsules, powders, softgels, gelcaps and topicals. Every product must stay at or below 0.3% total THC.[1, 2]

Gummies, tablets, capsules, powder packets, softgels and gelcaps may hold up to 1 mg total THC each and 5 mg per container. Drinks may hold up to 0.5 mg per container, in 6 to 12 fluid ounces. Oil-based tinctures may hold up to 3 mg per serving and 85 mg per 1-ounce bottle. Hawaii has not set a limit on CBD.[2, 3]

Banned items include hemp flower and leaf, hemp cigarettes and cigars, vapes, foods with added cannabinoids, products for the eyes, ears or nose, and products over the THC limits.[1, 2, 3]

Seller registration and age rules

Act 269 of 2025 created a registry of hemp product retailers and distributors. Since January 1, 2026, they need a certificate of registration from the Department of Health; online sellers, including those outside Hawaii, are covered too. The fee is $50 and the certificate lasts five years. The department started enforcement on July 1, 2026.[4, 5, 9]

Selling without a required registration can be a misdemeanor, and a repeat offense within five years of a conviction can be a class C felony. The Department of Health and the attorney general may inspect sellers and seize products that break the law.[9]

It is against the law to sell or give a tincture to someone under 21. Sellers must check the ID of tincture buyers who appear to be under 27. All product labels must carry the statement "Not for sale to persons under the age of 21" or words of similar meaning.[2, 3, 8, 9]

Testing and labels

Hemp processors need a Department of Health permit and must follow rules on facilities, testing, labeling, training and recalls. Each batch is tested for cannabinoid content and contaminants.[1, 2]

Labels must show total THC per serving and other cannabinoids such as CBD, give access to lab results, and list ingredients and directions. Edible products with several servings must be in child-resistant packaging. Products may not be shaped like people, animals, fruit or cartoon characters, or use the word "candy."[2, 3]

How the federal hemp changes may affect Hawaii

Hawaii's hemp definition is its own and does not point to the federal law. Its rules already go further than the old federal law by counting total THC and banning converted and synthetic cannabinoids. In our reading, products near Hawaii's milligram limits may still be over the federal 0.4 mg per container limit.[2, 7, 11, 12]

From November 12, 2026, the federal hemp definition excludes cannabinoids that the plant cannot make naturally. The rest of the federal change, including the 0.4 mg per container limit, is set for December 11, 2026, unless Congress delays it again.[11, 12]

What changes next

  1. Federal change on cannabinoids the plant cannot naturally make

    From November 12, 2026, these products fall outside the federal hemp definition. Hawaii's rules already ban synthetic and converted cannabinoids.[3, 11, 12]

  2. Rest of the federal hemp change

    The remaining federal changes, including the 0.4 mg total THC per container limit, are set for December 11, 2026, unless Congress delays them again.[11, 12]

  3. State hemp product law set to expire

    As of November 5, 2026, HRS chapter 328G was set to be repealed on July 1, 2027, under Act 263 of 2023, unless the Legislature changes that date.[6]

Who regulates hemp and CBD

Timeline

  1. Hemp processor law enacted

    Act 14 of 2020 creates HRS chapter 328G on hemp processors and manufactured hemp products.[7]

  2. Act 269 approved

    Act 269 creates a registry for hemp product retailers and distributors, a 21+ rule for tinctures, and inspection and seizure powers. It took effect July 1, 2025.[9]

  3. Seller registration begins

    Retailers, distributors and online sellers must hold a certificate of registration from the Department of Health.[4, 5]

  4. New interim hemp rules take effect

    Amended HAR chapter 11-37 adds registration rules, tincture limits and the 21+ tincture rule.[1, 2]

  5. Registration enforcement begins

    The Department of Health ends the grace period for unregistered retailers and distributors.[5]

Sources

Show 12 references
  1. Hawaii Administrative Rules Chapter 11-37 (Interim Rules), Hemp Processing and Manufactured Hemp Products, standard copy (effective January 28, 2026)
  2. Department of Health, Summary of Amendments, Ch. 11-37 (Interim Rules) HAR, Rev 4, June 2026
  3. Department of Health Hemp Program, Consumers of Manufactured Hemp Products FAQ
  4. HRS § 328G-9 Registry of distributors and retailers; application; renewals; suspension or revocation of certificates; exceptions
  5. Department of Health, Hemp Program (registration and enforcement notice)
  6. HRS Chapter 328G, Hemp Processors: table of contents and note (chapter repealed July 1, 2027, L 2023, c 263, §15)
  7. HRS § 328G-1 Definitions
  8. HRS § 328G-13 Tinctures; persons under twenty-one years of age
  9. Act 269, Session Laws of Hawaii 2025 (H.B. No. 1482), approved July 2, 2025
  10. HRS § 329-121 Definitions (Part IX, Medical Use of Cannabis)
  11. Public Law 119-37 (November 12, 2025), Division B, Sec. 781: amendments to the definition of hemp (7 U.S.C. 1639o)
  12. Continuing Appropriations and Extensions Act, 2027, Public Law 119-103 (September 2, 2026), Sec. 2019: Section 781 extension

Other states

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About this page

This page is a plain summary of official texts; it is meant to inform and is not a substitute for legal advice. Rules can change and differ from place to place: before you decide, we suggest checking the official text and, if needed, talking to a lawyer. If you spot a change or an error, let us know through our contact form.