Hemp Program

“Hemp” is cannabis with federally defined limits on the amount of delta-9 tetrahydrocannabinol (delta-9 THC). Both “cannabis” and “hemp” refer to the same plant, Cannabis sativa. At the federal level, the 2018 Farm Bill changed certain federal authorities relating to the production of hemp by removing hemp from the Controlled Substance Act (CSA), which means that cannabis plants and derivatives that contain no more than 0.3 percent delta-9 THC on a dry weight basis are no longer controlled substances under federal law.

However, the 2018 Farm Bill preserved the authority of the U.S. Food and Drug Administration (FDA) and other agencies to regulate hemp-derived products that are sold to consumers.

Yes.

Hawaii has the authority to determine which hemp products can legally be sold in the state. In 2020, a state law was passed to create rules for the production and sale of hemp products that contain THC and other cannabinoids. This law allows certain products to be made and sold in Hawaii, while prohibiting others to help ensure consumer safety and product quality.

In Hawaii, only hemp products that meet the definition of a “manufactured hemp product” are allowed for sale. Additionally, the product must fully comply with all state regulatory requirements including, but not limited to, total THC limits, lab testing, restriction on use of certain ingredients, use of child safety packaging and labeling, before it can be sold.

Manufactured hemp products for use by humans or animals are allowed for sale in the following forms:

• Topically applied to skin or hair
• Edible
  • Gummies
  • Tablets
  • Capsules
  • Powders
  • Softgels
  • Gelcaps
  • Oil-based tinctures
  • Beverages

Hawaii prohibits the sale, holding, offering or distribution of the following and are subject to enforcement action.

* Not a complete list of prohibitions. See interim rules, Ch. 11-37, Hawaii Administrative Rules, or guidance documents on our webpage for more information.

Currently Hawaii has not established any limits on the amount of CBD that can be in a manufactured hemp product.

• Up to 1 mg total THC is allowed in each gummy, tablet, capsule, packet of powder, softgel and gelcap.
• Up to 5 mg total THC is allowed in container of gummies, tablets, capsules, packets of powder, softgels and gelcaps.
• Total THC must remain at or below 0.3% by weight.

*Additional regulatory requirements

• Effective Jan. 2026, can only be purchased from retailer that has a “Certificate of Registration” to sell
  • List of business that have obtained a Certificate of Registration available on our webpage
• Cannot contain artificially or synthetically derived cannabinoids
• Cannot contain alcohol, kava, caffeine, nicotine and other prohibited ingredients
• Each batch lab tested for cannabinoid content and contamination
• Proper labeling, including cannabinoid content, advisory statements and consumer access to all required lab test results
• Child resistant packaging

*Not a complete summary of all requirements. To review additional requirements please see interim rules Ch. 11-37, or our summary guidance regarding recent changes to the interim rules located here.

• Up to 0.5 mg total THC is allowed in a container
• Volume limited to 6 – 12 fluid ounces per container
• Total THC must remain at or below 0.3% by weight

*Additional regulatory requirements

• Effective Jan. 2026, can only be purchased from retailer that has a “Certificate of Registration” to sell
  • List of business that have obtained a Certificate of Registration available on our webpage
• Cannot contain artificially or synthetically derived cannabinoids
• Cannot contain alcohol, kava, caffeine, nicotine and other prohibited ingredients
• Each batch lab tested for cannabinoid content and contamination
• Proper labeling, including cannabinoid content, advisory statements and consumer access to all required lab test results

*Not a complete summary of all requirements. To see additional requirements please review interim rules Ch. 11-37, or our summary guidance regarding recent changes to the interim rules located here.

• Up to 3 mg total THC per serving
• Volume limited to a maximum of 1-ounce per bottle
• Up to 85 mg total THC allowed in a 1-ounce bottle
• Total THC must remain at or below 0.3% by weight
• Must be oil-based formulation

*Additional regulatory requirements

• Retailer not required to obtain “Certificate of Registration” to sell to consumers
  • Restricted sale to consumer 21 or older
  • I.D. check required
• Cannot contain artificially or synthetically derived cannabinoids
• Each batch lab tested for cannabinoid content and contamination
• Proper labeling, including cannabinoid content, advisory statements and consumer access to all required lab test results
• Child resistant packaging

*Not a complete summary of all requirements. To see additional requirements please review interim rules Ch. 11-37, or our summary guidance regarding recent changes to the interim rules located here.

• Total THC must remain at or below 0.3% by weight

*Additional regulatory requirements

• Retailer not required to obtain “Certificate of Registration” to sell to consumers
• Cannot contain artificially or synthetically derived cannabinoids
• Cannot contain alcohol, kava, caffeine, nicotine and other prohibited ingredients
• Each batch lab tested for cannabinoid content and contamination
• Proper labeling, including cannabinoid content, advisory statements and consumer access to all required lab test results
• Child resistant packaging

*Not a complete summary of all requirements. To see additional requirements please review interim rules Ch. 11-37, or our summary guidance regarding recent changes to the interim rules located here.

No.

Currently FDA does not allow cannabidiol (CBD) or THC in foods and dietary supplements. The 2018 Farm Bill explicitly preserved FDA’s authority to regulate products containing cannabis or cannabis-derived compounds. This is true regardless of whether the cannabis or cannabis-derived compounds are classified as hemp under the 2018 Farm Bill.

Additional information on how FDA regulates hemp and cannabis can be found at FDA.gov or via this link: FDA Regulation of Cannabis and Cannabis-Derived Products, Including Cannabidiol (CBD).

No.

Manufactured hemp products regulated under state law and interim rule are not evaluated for safety and efficacy to treat medical conditions. Labels on edible manufactured hemp products (gummies, tinctures, beverages, etc.) are required to state, “This product is not intended to diagnose, treat, cure, or prevent any disease.” Additionally, interim rules prohibit the packaging, labeling, and advertising of false, misleading or unsubstantiated health or benefit claims.  

Yes.

Manufactured hemp products must comply with Hawaii requirements regarding batch testing, which includes, testing for cannabinoid content and contaminants (solvents, pesticides, heavy metals, microbials, and mycotoxins). Each package must be labeled with a batch number and QR code or web address where consumer can access lab  results that demonstrate compliance with Hawaii testing requirements.   

Total THC in milligram (mg) per serving must be clearly indicated on all edible manufactured hemp product labels. Lab test results, which must be made available to consumers via QR code or website, can be used to verify the labeled amount is accurate and comply with established total THC limits.

Ingredient statement on the label must identify any hemp ingredient used as “Hemp [+ part of plant used].”

Yes.  

To help minimize the risk to children, interim rules require products must be:

• Sold in child resistant packaging (edibles only).
• Sold in packaging that is not attractive to children. Products cannot resemble commercially available candy or other products marketed to children or have appearance, flavor or smell designed to appeal to children. Cannot be in shape of human, animal, fruit, cartoon characters or caricatures. “Candy” and “candies” cannot be used on packaging, labeling, advertising.
• Contain labeling statements:
  • “Keep out of reach of children” or words of similar meaning.
  • “Not for sale to persons under the age of 21.”  or words of similar meaning.

Hawaii interim rules require each package be prominently and conspicuously labeled with:

• Product name
• Net weight
• Ingredient statement – including listing hemp ingredient as “Hemp [+ part of plant used].”
• Allergen declaration (if applicable)
• Responsibility statement (name and address of manufacturer or distributor)
• Batch number
• QR code or website to access lab test results that match product batch number
• Directions for use
• Serving size and number of servings per package (edibles only)
• Cannabinoid content in mg per serving for:
  • Total THC and any advertised cannabinoid (edibles only)
• Cannabinoid content in mg per container for:
  • Total THC and any advertised cannabinoid (topicals only)
• Required labeling statements:
  • “This product is not intended to diagnose, treat, cure, or prevent any disease.” (edibles only)
  • “Use under guidance of physician if you have medical condition or are pregnant or lactating.”
  • “Keep out of reach of children.”
  • “Not for sale to persons under the age of 21.”
  • “For external use only.” (topicals only)

No.

Interim rules prohibit the giving samples from open containers. This applies to all edible and topical manufactured hemp products.

No.

Hawaii prohibits the sale of MHP that contain artificially derived or synthetic cannabinoids. This includes cannabinoids like delta-8 THC, delta-10 THC, THCO, THC-P, THC-H, THCjd, HHC, HHCO, CBN created from any naturally occurring cannabinoid, like CBD, that was extracted from hemp biomass, or using a non-hemp substance, like yeast or algae, to produce any cannabinoid.  

State law only allows for cannabinoids naturally occurring in hemp to be extracted for use in manufactured hemp products.  To the extent delta-8 THC and other cannabinoids are naturally occurring in the plant, they can be extracted and used in a manufactured hemp product. It is the responsibility of any business selling these products to ensure all manufactured hemp products only contain naturally occurring cannabinoids.

In most cases, yes.

Beginning January 2026, retailers, distributors, and online sellers will need to obtain a Certificate of Registration from OMCCR if selling the following manufactured hemp products:

• Gummies
• Tablets, capsules, powders, softgels and gelcaps
• Beverages

Businesses are responsible for ensuring they:

• Sell hemp products that comply with state law and interim rules
• Have a Certificate of Registration to sell (if applicable)

To assist consumers in identifying which businesses have complied with obtaining a certificate, a list of registered retailers and distributors will be available on our website.  

Yes. A product complaint reporting form on our website can be used to upload image(s) and provide additional information. You may choose to remain anonymous or provide contact information that will remain confidential.

Yes.

We have an adverse event reporting form on our website. You will need to provide accurate contact information.

NOTE: We do not provide medical advice. Please seek medical attention immediately if you or your child are experiencing a medical event after using any hemp or cannabis product.

Yes.

In December 2018, the Food and Drug Administration (FDA) announced three generally recognized as safe (GRAS) notices for the following hemp seed-derived food ingredients: hulled hemp seed, hemp seed protein powder, and hemp seed oil.

These GRAS products are not regulated by OMCCR and can be legally marketed in human foods when used as described in the FDA notices, provided they comply with all state and federal food manufacturing requirements.

These GRAS conclusions do not affect DOH position on the addition of CBD, THC, or other cannabinoids to food. Cannabinoids, regardless of their source, are not recognized as safe food additives and may not be added to food.

The following resources can be found on our website (https://health.hawaii.gov/hempprogram/):

• Hemp Processors – Chapter 328G, HRS
• Hemp Processing and Manufactured Hemp Products – (interim) Chapter11-37, HAR (effective 12/06/24)
• Guidance document offering summary of regulations for each type of allowed manufactured hemp product  
• Labeling guidance documents to assist industry with compliance
• Product complaint or adverse event reporting
• Opportunity to subscribe to receive email updates

You may email questions to [email protected]