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Delta-8 and Hemp THC Laws in Hawaii

How Hawaii law treats delta-8 and hemp thc products, from the state code and official state agencies.

Short answer: Hawaii's Department of Health hemp rules ban hemp products containing artificially or synthetically derived cannabinoids, and the department counts delta-8 THC together with delta-9 and THCA toward 'total THC.' Under the interim rules effective January 28, 2026, manufactured hemp… Haw. Admin. R. ch. 11-37 (interim rules, eff. Jan. 28, 2026), incl. § 11-37-3; Haw. Rev. Stat. ch. 328G

Delta-8 and hemp THC productsHawaii's Department of Health hemp rules ban hemp products containing artificially or synthetically derived cannabinoids, and the department counts delta-8 THC together with delta-9 and THCA toward 'total THC.' Under the interim rules effective January 28, 2026, manufactured hemp products must stay at or below 0.3% total THC and meet product-specific limits (for example 1 mg total THC per gummy and 5 mg per container; 0.5 mg per beverage container; oil tinctures 3 mg per serving and 85 mg per container), carry a 'Not for sale to persons under the age of 21' statement on edibles, and be sold only by businesses holding a DOH certificate of registration. Vapes and other inhaled hemp products, hemp flower, hemp cigarettes and cigars, and crude extract sold to consumers are prohibited.
Read in the Department of Health's official summary of the interim rules (Rev. 4, June 2026), which says it does not replace the rule text.

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FAQ

Is delta-8 legal in Hawaii?
Hawaii's Department of Health hemp rules ban hemp products containing artificially or synthetically derived cannabinoids, and the department counts delta-8 THC together with delta-9 and THCA toward 'total THC.' Under the interim rules effective January 28, 2026, manufactured hemp products must stay at or below 0.3% total THC and meet product-specific limits (for example 1 mg total THC per gummy and 5 mg per container; 0.5 mg per beverage container; oil tinctures 3 mg per serving and 85 mg per container), carry a 'Not for sale to persons under the age of 21' statement on edibles, and be sold only by businesses holding a DOH certificate of registration. Vapes and other inhaled hemp products, hemp flower, hemp cigarettes and cigars, and crude extract sold to consumers are prohibited.

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.