Is Delta-8 THC Legal in Hawaii? (2026)
No. In Hawaii, delta-8 thc is prohibited. Hawaii prohibits Delta-8 THC, as the state's Department of Health has clarified that intoxicating hemp-derived cannabinoids are considered controlled substances. (HRS § 329-1).
Key facts
- Status
- Prohibited
- Permit required
- No
- Jurisdiction
- Hawaii
- Last reviewed
- 2026-04-09
Delta-8 THC laws in Hawaii
Hawaii has explicitly prohibited Delta-8 THC, classifying it as a controlled substance. The state's Uniform Controlled Substances Act, codified in Hawaii Revised Statutes (HRS) Chapter 329, lists 'tetrahydrocannabinols' as Schedule I controlled substances. While the 2018 Farm Bill federally legalized hemp, Hawaii's Department of Health (DOH) has issued guidance clarifying that intoxicating hemp-derived cannabinoids, including Delta-8 THC, are not exempt from the state's controlled substances laws. The DOH's interpretation is that any cannabinoid that is intoxicating and not Delta-9 THC at or below the 0.3% threshold, or part of a state-licensed medical cannabis program, falls under the state's prohibition on controlled substances. This means that despite its derivation from federally legal hemp, Delta-8 THC is considered illegal in Hawaii. The state's position is rooted in public health and safety concerns, aiming to prevent the unregulated sale of intoxicating substances. Consequently, the manufacture, distribution, sale, and possession of Delta-8 THC products are illegal. Individuals found in possession could face penalties ranging from misdemeanor charges for small amounts to felony charges for larger quantities or intent to distribute, similar to those for marijuana. Businesses attempting to sell Delta-8 THC products could face immediate cessation orders, product confiscation, and criminal prosecution. The state's stance emphasizes that the federal legalization of hemp does not automatically extend to all its derivatives, especially those with intoxicating properties that are not explicitly regulated by state cannabis laws.
Frequently asked questions
Is delta-8 thc legal in Hawaii for travelers?
For travelers visiting Hawaii, delta-8 thc is currently prohibited. Hawaii has explicitly prohibited Delta-8 THC, classifying it as a controlled substance. The state's Uniform Controlled Substances Act, codified in Hawaii Revised Statutes (HRS) Chapter 329, lists 'tetrahydrocannabinols' as Schedule I controlled substances. While the 2018 Farm Bill federally legalized hemp, Hawaii's Department of Health (DOH) has issued guidance clarifying that intoxicating hemp-derived cannabinoids, including Delta-8 THC, are not exempt from the state's controlled substances laws. The DOH's interpretation is that any cannabinoid that is intoxicating and not Delta-9 THC at or below the 0.3% threshold, or part of a state-licensed medical cannabis program, falls under the state's prohibition on controlled substances. This means that despite its derivation from federally legal hemp, Delta-8 THC is considered illegal in Hawaii. The state's position is rooted in public health and safety concerns, aiming to prevent the unregulated sale of intoxicating substances. Consequently, the manufacture, distribution, sale, and possession of Delta-8 THC products are illegal. Individuals found in possession could face penalties ranging from misdemeanor charges for small amounts to felony charges for larger quantities or intent to distribute, similar to those for marijuana. Businesses attempting to sell Delta-8 THC products could face immediate cessation orders, product confiscation, and criminal prosecution. The state's stance emphasizes that the federal legalization of hemp does not automatically extend to all its derivatives, especially those with intoxicating properties that are not explicitly regulated by state cannabis laws.
Do I need a permit for delta-8 thc in Hawaii?
Hawaii does not specifically require a permit for delta-8 thc, though general regulations apply.
Can I transport delta-8 thc through Hawaii?
Transport laws for delta-8 thc in Hawaii depend on the specific item and your route. Since this is prohibited in Hawaii, transporting through the state carries legal risk. Always check states you pass through.
What are the penalties for delta-8 thc violations in Hawaii?
Penalties for delta-8 thc violations in Hawaii vary based on the specific offense. Always verify current laws before traveling.