Is CBD Legal in Hawaii?

CBD is legal to possess and use in Hawaii, but the state has created one of the most restrictive regulatory environments in the country for CBD sales. While you can legally own and consume hemp-derived CBD products containing less than 0.3% THC, Hawaii’s approach to retail sales creates significant limitations that don’t exist in most other states. Understanding this distinction between personal use and commercial availability is crucial for anyone looking to access CBD in the islands.

The Current Legal Status of CBD in Hawaii

Hemp-Derived CBD is Federally Legal

Hemp-derived CBD products containing less than 0.3% THC are legal throughout Hawaii under federal law, specifically the 2018 Farm Bill that removed hemp from the controlled substances list. This federal protection means you can legally possess, use, and transport these products within Hawaii without fear of prosecution.

The basic requirements remain straightforward. You must be at least 18 years old to purchase CBD products, and any hemp-derived product must contain 0.3% THC or less to maintain legal status. These federal protections override state restrictions when it comes to personal possession and use.

Hawaii’s Restrictive Interpretation

Here’s where Hawaii differs from most states. Hawaii authorities claim that CBD products outside their medical cannabis program are technically illegal until the U.S Food and Drug Administration (FDA) regulates them. However, this position creates more confusion than clarity for consumers.

Despite this technical stance, residents are accessing and using these products without restrictions, and there are no possession penalties for consumers who comply with federal THC limits. While penalties for illegal marketing can reach $10,000 per day, possession of CBD is generally not penalized.

This creates a practical reality where CBD use is completely legal for individuals, even though Hawaii maintains an official position of skepticism about retail sales.

What CBD Products Can and Cannot Be Sold in Hawaii

Banned Product Types (As of December 2024)

Hawaii has implemented some of the most restrictive CBD sales regulations in the country. The state prohibits the sale of foods and beverages (including bottled water) containing hemp derivatives like CBD and other cannabinoids. This means CBD gummies, beverages, and edibles cannot be legally sold within Hawaii’s retail market.

Additional prohibited product categories include:

• Cannabinoid-containing products intended to be aerosolized and inhaled (i.e. vape liquids containing cannabinoids)
• Hemp flower material, hemp leaf, hemp cigarettes, etc. intended to be smoked or inhaled
• Products that are intended to be introduced into the body via eyes, ears, nasal cavities, and other non-oral routes of entry

Legal Product Categories

The only types of CBD products you can legally buy from retailers operating within the state are primarily CBD oils and tinctures for oral consumption, along with topical products applied to the skin. Only the sale of properly labeled and tested hemp products containing naturally occurring cannabinoids, like cannabidiol (CBD), are allowed when intended to be consumed orally to supplement the diet.

These remaining legal products must meet stringent requirements including third-party testing, proper labeling with QR codes or website addresses for test result access, and compliance with Hawaii’s processing standards.

Hawaii’s Recent Regulatory Changes

December 2024 Interim Rules

Hawaii introduced new interim rules effective December 6, 2024, significantly tightening control over the hemp market. Prior to processing hemp into hemp products, USDA licensed hemp producers must apply to be on the hemp processor registry, administered by the DOH Food and Drug Branch (FDB), and receive a certificate of registration.

The new requirements include comprehensive quality control measures, mandatory recall plans, and enhanced testing protocols. Only hemp products that pass required testing, conducted by a qualified lab, can be sold, with test results accessible to consumers through QR codes or websites.

Retailers face serious consequences for non-compliance. Retailers found selling hemp products out of compliance may be subject to penalties up to $10,000 for each offense, including product removal from sale.

Ongoing Legislative Developments

These rules are not official laws and exist only until Hawaii’s legislature can come to an agreement on how hemp should be handled. The interim nature of these regulations means they could change as Hawaii’s legislature works toward permanent hemp legislation.

In February 2024, legislative committees held informational briefings on implementing Act 263 (2023), including updates from the Department of the Attorney General and other cannabis regulatory authorities, indicating ongoing efforts to establish clearer permanent regulations.

Medical Cannabis vs. Hemp CBD in Hawaii

Medical Cannabis Program

In 2000, Hawai’i became the first state in the nation to pass a medical cannabis law through the legislature rather than through voter initiatives. Only registered medical marijuana patients with qualifying health conditions and medical marijuana cards can use cannabis-derived CBD products in Hawaii.

The medical program provides access to higher-THC cannabis products and cannabis-derived CBD through licensed dispensaries. You must be 21 years old to purchase cannabis-derived CBD from dispensaries, compared to the 18-year minimum for hemp-derived products.

Hemp CBD for General Use

For the general adult population, hemp-derived CBD remains the accessible option. A doctor’s prescription is not required for hemp-sourced CBD oil or other hemp-derived CBD products in the state, and these products can be used by anyone meeting age requirements.

The key advantage of hemp CBD is its federal legal protection and availability without medical qualification, though users must navigate Hawaii’s restrictive retail environment.

Where and How to Buy CBD in Hawaii

Limited In-State Retail Options

If you choose to buy CBD oil in person in Hawaii, your options will be extremely limited — that’s if any retailers near you still carry CBD given the state’s increasingly restrictive and punitive stance against hemp sales. The geographic challenges of island living compound these limitations.

Some gas stations, vape shops, smoke shops, and similar specialty stores may still carry CBD products. These locations were hard hit by Hawaii’s new hemp laws too, though. Most retailers have reduced their CBD inventory or stopped carrying these products entirely due to regulatory complexity.

Online Purchases and Shipping

Given all the options, buying CBD online is definitely the best idea if you’re in Hawaii. Federal interstate commerce protections mean that Hawaii cannot prevent residents from purchasing legal hemp products from other states and having them shipped to Hawaii addresses.

It is legal to buy CBD gummies online in Hawaii, and it is legal to both possess and use these types of edible CBD products within the state, even though these same products cannot be sold by Hawaii retailers. This creates the unusual situation where online purchases provide access to product categories unavailable in local stores.

When shopping online, prioritize companies that provide third-party lab testing, clear THC content verification, and detailed product information to ensure federal compliance.

Traveling with CBD to Hawaii

Flying with CBD Products

Yes, you can bring CBD with you if you are traveling to Hawaii by plane or any other method of conveyance. You can travel with CBD if you are flying within or between states or countries where it’s legal, and since hemp-derived CBD is federally legal, transportation to Hawaii is permitted.

If the product is CBD oil, it can go in your carryon luggage, following standard TSA liquid restrictions. However, CBD oil in gummies, and other foods and beverages, are not legal in Hawaii for retail sale, though possession for personal use remains legal.

Inter-Island Transportation

Hawaii’s regulations don’t create additional restrictions for moving CBD products between islands, provided they comply with federal THC limits. The same possession protections that apply statewide extend to inter-island travel with compliant hemp-derived CBD products.

Understanding Hawaii’s Unique Position

Why Hawaii is More Restrictive

The Hawaii Department of Health (DOH) regulates all cannabis-derived products—regardless of whether they are hemp derived CBD—consistent with the Food and Drug Administration’s (FDA) approach. DOH wants tight control over the growing number of products available to the public that contain CBD and wants to make sure that CBD usage in Hawaii is safe and effective.

The state’s Food and Drug Branch specifically warns that products containing CBD are unregulated and are not yet “generally considered safe” by the FDA. This conservative approach prioritizes consumer protection but creates practical challenges for residents seeking legal CBD access.

Enforcement Reality

The practical enforcement environment differs significantly from the regulatory language. Since CBD legality in Hawaii allows residents to buy, sell, and consume products throughout the state, there are no penalties for possession of items such as CBD oil.

Law enforcement focuses on retail compliance rather than individual possession, and if the products you obtain are above the 0.3% legal limit, you could be imposed a $130 fine, as the state has decriminalized the possession of marijuana—up to 3 grams. This means that as long as your CBD products comply with federal THC limits, possession and use carry no legal risk.

Hawaii’s approach creates an unusual legal landscape where CBD is simultaneously restricted and accessible. While the state maintains tight control over retail sales through extensive regulations and product category bans, federal law protections ensure that residents can legally possess, use, and obtain CBD products through interstate commerce. Understanding this distinction allows Hawaii residents and visitors to navigate the legal framework confidently while accessing the CBD products they need.