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Is CBD Oil Legal in Hawaii? We cover the legality of CBD in the state and laws that you need to be aware of before you buy. Looking to buy legal CBD oil in Hawaii. There are a few laws and regulations you need to be aware of before purchasing CBD oil.

Is CBD oil legal in Hawaii?

While cannabidiol (CBD) is permitted for registered medical marijuana patients in Hawaii, the legal status of CBD is complex. As with the rest of the United States, Hawaii has seen an explosion in the popularity of CBD, with a wide variety of stores and businesses now selling CBD oil and other CBD products. However, CBD technically remains illegal in the state.

The Hawaii Department of Health has devoted significant effort toward reminding businesses and consumers alike that CBD and CBD products have never been legal in Hawaii. Despite these warnings, it is still quite easy to find both online and in stores to purchase CBD products.

It remains to be seen how authorities in the state might enforce CBD laws moving forward. Similarly, it remains unclear how these laws might change in the future.

What is CBD?

CBD is the second-most-prevalent cannabinoid found in the cannabis plant. Generally speaking, THC produces marijuana’s intoxicating effects while CBD is non-intoxicating and offers a wide array of potential therapeutic and medicinal qualities.

To date, researchers have identified a number of potential health benefits linked to CBD, including anti-inflammatory, analgesic, anti-anxiety, and anti-seizure properties. Further, the cannabinoid has shown promise in treating numerous health conditions, including epilepsy and other seizure disorders, mood disorders such as depression, anxiety, and psychosis, as well as chronic pain and much more.

As research on CBD continues to unearth new findings, there is a growing body of evidence pointing to its potential efficacy in medical applications and as a health supplement.

CBD oil usually comes with a dropper to allow consumers and patients to measure out their dose. Photo by: Gina Coleman/Weedmaps

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Why is CBD sometimes illegal?

Even though hemp strains don’t produce enough THC to cause intoxication, all types of cannabis, including hemp, were considered illegal under the 1970 Federal Controlled Substances Act. The legislation swept all cannabis into the Schedule 1 category, which defined cannabis as a substance with a high potential for abuse, no accepted medical use, and a likelihood for addiction.

The 2018 Farm Bill legalized hemp cultivation and created a legal threshold between hemp and marijuana, both of which are cannabis plants and look identical. Hemp is cannabis that contains less than 0.3% THC by weight, and marijuana is cannabis that contains more than 0.3% THC. Hemp-derived CBD was thus descheduled by the bill, but CBD that is derived from the marijuana plant is still considered federally illegal because marijuana is categorized as a Schedule 1 substance.

The Farm Bill also granted the Food and Drug Administration (FDA) the power to regulate CBD’s labeling, therapeutic claims, and its use as a food additive. Despite the passage of the Farm Bill, the FDA has taken the stance that even hemp-derived CBD may not be added to food and beverages, nor marketed as dietary supplements. While the FDA has begun a process of reevaluating its stance on such CBD products, it has yet to revise its rules or specifically regulate CBD products.

The federal government thus still highly regulates the production and sale of hemp, and its cannabinoids, including CBD. The Farm Bill also provides that states may regulate and even prohibit CBD cultivation and commerce. In addition, states may attempt to regulate CBD food, beverage, dietary supplement, and cosmetic products, independently of the FDA finalizing its views on such products.

Hawaii CBD laws

In 2019, the Hawaii Department of Health explicitly clarified the state’s stance on CBD. In a statement published May 1, 2019, officials advised the public that Hawaii state laws regarding CBD adhere to all federal laws. The department has stated that it intends to regulate all cannabis-derived products in alignment with the FDA.

The Hawaii Department of Health has notified local business about the illegal status of CBD products, warning that regulatory actions and criminal penalties may be given to those who knowingly manufacture, distribute, or sell CBD products in Hawaii.

Further clarifying the prohibition of CBD in the state, the official website of the Hawaii Department of Health claims that state law prohibits the addition of any cannabis-derived substances to food, beverages, or cosmetics, nor does it approve the use of CBD in over-the-counter products.

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The only exception to this is registered medical marijuana patients. Those who have a qualifying health condition and have received the appropriate approval from a licensed doctor can apply for a medical marijuana card. This card allows patients to purchase medical cannabis products containing CBD and THC from a state-approved medical marijuana dispensary.

Despite the state’s advisories, CBD is reportedly widely available throughout Hawaii at stores, health food shops, restaurants, cafes, and other retail locations. Under the Hawaii Food and Drug Cosmetic Act, state officials have the authority to remove CBD products from store shelves, and even to impose fines of up to $10,000 per violation per day on businesses selling CBD products. But so far, the state has chosen to avoid levying punishments, opting instead to focus on educational programs aimed at clarifying CBD laws. As of August 2019, officials had contacted more than 100 businesses that were selling CBD products to talk to them about CBD’s illegal status.

State authorities have also noted that CBD laws are likely to change in the future. But any such changes, they say, will not come from state lawmakers, but from federal ones. In the Hawaii Department of Health’s May 2019 briefing, Department of Health Director Bruce Anderson stated that Hawaii will await national guidance on any laws related to CBD.

Hawaii CBD possession limits

Since CBD oil and other CBD products are technically not legal in Hawaii, consumers are not allowed to purchase or possess any amount of CBD. As a result, the only real limits in place are for registered medical marijuana patients. In that case, patients are allowed to have up to 4 ounces, or 113 grams, of cannabis at any given time. Patients or a licensed caregiver can also grow up to seven marijuana plants at a time.

A bottle of CBD oil. Photo by: Gina Coleman/Weedmaps

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Where to buy CBD in Hawaii

CBD oil or any other CBD products are illegal in Hawaii unless you’re a registered medical marijuana patient, in which case you can purchase CBD products at a legal dispensary.

Everyone else will need to search for a shop that continues to sell CBD despite the state’s prohibition. Currently, it is relatively easy to find places to buy CBD oil and other CBD products. Even after the initial warnings levied by the Department of Health, you can still purchase CBD either online or in a brick and mortar shop.

When it comes to online sales, CBD is most frequently found on brand-specific websites. You can find an How to read CBD labels and packaging

Most reputable CBD producers will typically include the following information on their CBD product labels:

  • Amount of active CBD per serving.
  • Supplement Fact panel, including other ingredients.
  • Net weight.
  • Manufacturer or distributor name.
  • Suggested use.
  • Full-spectrum, broad-spectrum, or isolate.
  • Batch or date code.

One of the most important things to pay attention to is whether a CBD product is full-spectrum, broad-spectrum, or isolate.

Full-spectrum means that the CBD has been extracted from a hemp plant along with all other cannabinoids and terpenes, as well as trace amounts of THC the plant may have produced. Consuming full-spectrum CBD may yield better results thanks to the entourage effect, a phenomenon in which the entire mixture of cannabinoids and terpenes work together to produce a more effective experience.

Broad-spectrum means that the product contains CBD and terpenes, but has undergone additional processes to strip out THC.

CBD isolate is a product that has gone through more intensive processing to remove everything except for CBD. Consuming isolate may produce different effects than full-spectrum or broad-spectrum CBD, as these products do not produce the entourage effect.

Where to Buy CBD Oil in Hawaii in 2022

Slowly, the United States is becoming friendlier to marijuana users, but this creates a lot of uncertainty surrounding the legality of CBD and other cannabinoids.

Here we’ll go over how cannabis laws relate to Hawaii in particular, and how you can buy it legally.

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Is CBD Oil Legal in Hawaii in 2022?

CBD oil is legal in Hawaii; however, the law regarding CBD oil changes depending on if it was produced using flowering marijuana or an industrial hemp plant.

If the CBD oil is produced using a flowering marijuana plant, it will likely contain THC. THC is the ingredient in marijuana that gets the user high. In Hawaii, these oils are illegal to possess unless you have a medical marijuana license.

Oils made using industrial hemp are protected under the Agricultural Act of 2018. The agricultural act took hemp off of the Controlled Subjects Act and turned it into an agricultural commodity.

CBD oils produced with industrial hemp are legal to purchase in Hawaii. We recommend choosing a trustworthy online supplier for all of your CBD oil needs.

Industrial-hemp oils contain a high amount of CBD and less than 0.3% THC; this means that you can receive all of the benefits of CBD without experiencing the high associated with marijuana use.

These CBD oils can be found both online and in-store around the state of Hawaii. There are a few crucial steps you should take to protect yourself from shady companies selling nothing more than snake oil.

See our guide below for finding quality CBD oils at a great price.

How to Buy CBD Oil in Hawaii

The market for CBD oil has become massive in the United States. Some of the people selling these products are sketchy and just trying to make a quick buck.

Here are the best ways to make sure you’re buying the best CBD available.

  1. If the product claims to be a cure to everything under the sun, RUN! CBD is a fantastic health supplement with many benefits but won’t make miracles happen.
  2. Any reputable CBD supplier will have their products tested by a third-party lab. If a company doesn’t have their products certified by an outside lab, don’t give them your money! Some CBD oils out there contain unwanted materials, including heavy metals and solvents. Others contain no CBD at all.
  3. Always purchase CBD oils produced using CO2 extraction. CBD oils produced using CO2 extraction (which is heatless and solventless) retain most of the beneficial compounds found in industrial-hemp. The CO2 method is more consistent when compared to extraction via oil or ethanol.

Following these steps will give you confidence that your CBD oil supplier is trustworthy and selling a reliable product.

IMPORTANT! If you don’t have a Hawaiian medical marijuana license, make sure your CBD oil products are produced from industrial hemp and contain no more the 0.3% THC.

Again, these products are legal on a federal level and shouldn’t get you into trouble with the police.

Want to know the best places to buy CBD oil in Hawaii? We’ll show you how to find them in the next section!

1. Online Shops

Making your purchase from a trustworthy online store is by far the most convenient method. You can easily verify that your products contain 0.3% THC, are tested by an outside lab, and produced using CO2 extraction.

Shopping online gives you access to a wider variety of CBD oil products, including creams, tinctures, balms, and wax. You might even be able to find CBD for your pets!

If you’re looking for the best prices, online is the way to go. Brick-and-mortar stores are expensive to operate, and their prices usually reflect that. Take advantage of discount deals and special offers that you probably won’t find in-store.

Although we always recommend shopping online, if you would prefer to purchase your CBD oils in person, we have included a list of places in Hawaii where you may be able to find them locally.

See if you can find your city on our list below!

2. Local Stores in Hawaii

The laws can be restrictive when it comes to purchasing marijuana products in Hawaii. Most of the major stores selling CBD are located in Honolulu. If you don’t live in the city, it will be difficult to track down CBD oil locally.

There are a few places you can try including vape shops, head shops, and natural health outlets. If you have a medical marijuana card, you can also stop at the nearest dispensary.

Is Marijuana Legal in Hawaii in 2022?

Marijuana has been decriminalized in Hawaii and is legal for medical purposes.

A law in 2019 made it possible to have up to three grams of marijuana without facing harsh penalties ($130 fine instead). Bill 758 increases the threshold to one ounce.

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Hawaii has a reputation for top-quality marijuana exports. The Hawaiian language even has its word for the plant; pakalolo (numbing tobacco).

Although there are many famous strains of marijuana (Maui Wawi, Kona Gold, Kauai Electric) to come have out of Hawaii, the state has been slow to develop its marijuana laws.

Marijuana likely had a long history of use on the Hawaiian islands before it was taken by the United States government on January 17, 1893. After that point in time, Hawaii was subject to the laws and regulations of the United States government.

The Green Harvest

In 1976, the federal government started what came to be known as Green Harvest. Green Harvest was a program of surveillance and raids with the goal of eradicating pakalolo on the Big Island of Hawaii. Over the next few years, several million dollars of marijuana was seized and destroyed.

In the 1990s, the DEA started Operation Wipeout, a helicopter herbicide spraying program, which destroyed over $1 billion worth of marijuana crops in Hawaii.

Despite all of the government’s efforts to destroy pakalolo on Hawaii, the state introduced medical marijuana in the year 2000.

Medical Marijuana in Hawaii

Although it has never decriminalized recreational use of marijuana, Hawaii was one of the first states to introduce medical marijuana laws.

In 2000, Hawaii introduced Act 228, which allowed eligible patients to grow their marijuana from home. At that time, there wasn’t an option to purchase marijuana legally, and the bill made no mention of plans to open legal dispensaries.

Thirteen years later, the state attempted to legalize or decriminalize recreational use of marijuana on five different bills, all of which failed.

Finally, the state expanded on its medical marijuana program in 2015. Hawaii’s Act 241 created The Medical Marijuana Dispensary Program, which would allow licensed locations to sell marijuana to eligible patients.

To apply for a medical marijuana license in Hawaii, you must be 21 years of age or older, a resident of Hawaii, and suffering from one of the following conditions:

If you fit that description, you can apply for a medical marijuana license with the next steps:

  1. Create a free account onHawaii.gov
  2. Complete an application through the Medical Marijuana Registry
  3. Submit your medical marijuana application to your physician.
  4. Once certified by your physician, he/she will submit the application to the DOH.
  5. If approved, you’ll get your medical marijuana card in the mail.

Once you’ve completed the steps above, you are on your way to purchasing marijuana legally in Hawaii. You can possess up to 4 ounces of usable marijuana at any given time.

Is Delta 8 THC Legal in Hawaii in 2022?

Hawaii is easygoing when it comes to marijuana but has banned delta 8 THC.

Perhaps it’s because there’s little information on the cannabinoid. Hawaii will likely change its mind with time. It’s not alone in its decision; other states have outlawed delta 8, though many ignore it.

At least in Hawaii, you have access to marijuana, but some people prefer delta 8 because it’s less psychoactive but still offers similar benefits.

Buying Delta 8 in Hawaii

For now, you can’t buy delta 8 in Hawaii. If there comes a time when you can, make sure you’re careful about the source. Going online is your best bet since you’ll have a greater selection and better prices.

The following companies go to great extremes to provide high-quality delta 8 THC:

You can easily access third-party tests, customer reviews, and information about the company, all things imperative to finding quality delta 8.

Recommended CBD Retailers in Hawaii

Honolulu

If you are outside of Honolulu, your best bet to purchase CBD oil in Hawaii is through an online store.

Final Notes on Buying CBD Oil in Hawaii

Although Hawaii has had a fair amount of trouble when it comes to marijuana, the state is slowly catching up to the likes of Colorado and California.

The rising popularity of CBD has made room for a lot of companies to enter the market. Follow our guide above to ensure you are getting a quality product, every time.

If you are having trouble locating CBD oil locally or live outside of Honolulu, definitely search for CBD oil online.

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