Hemp Program

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, your 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.

Manufactured hemp products are allowed for use by humans or animals 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.

Please see interim rules, Ch. 11-37, Hawaii Administrative Rules, for complete list of prohibitions.

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

This requirement applies to:

• Retailers: Any business selling or offering these manufactured hemp products to consumers in Hawaii.
• Distributors: Any business selling or offering these manufactured hemp products to retailers in Hawaii.
• Online Sellers: Any business retailing or distributing these manufactured hemp products in Hawaii via online services. This includes online sellers operating outside of Hawaii.

• A Certificate of Registration to sell is required (effective Jan. 2026)
• *Product must comply with all Hawaii regulations including, but not limited to:
  • Total THC at or below 0.3% by weight
  • Maximum 1 mg total THC per serving
  • Serving size is limited to 1 gummy, tablet, packet of powder, softgel or gelcap)
  • Maximum 5 mg total THC per container
  • Cannot contain artificially or synthetically derived cannabinoids
  • Cannot contain alcohol, kava, caffeine, nicotine and other prohibited ingredients
  • Lab tested for cannabinoid content and contamination
  • Proper labeling, including advisory statements and consumer access to all required test results
  • Child resistant packaging

*Not a complete summary of all requirements. Please review interim rules for complete requirements.

• A Certificate of Registration to sell is required (effective Jan. 2026)
• *Product must comply with all Hawaii regulations including, but not limited to:
  • Total THC at or below 0.3% by weight
  • Maximum 0.5 mg total THC per container
  • Volume limited to 6 – 12 fluid ounces per container
  • Cannot contain artificially or synthetically derived cannabinoids
  • Cannot contain alcohol, kava, caffeine, nicotine and other prohibited ingredients
  • Lab tested for cannabinoid content and contamination
  • Proper labeling, including advisory statements and consumer access to all required test results

*Not a complete summary of all requirements. Please review interim rules for complete requirements.

• A Certificate of Registration to sell is not required
• *Product must comply with all Hawaii regulations including, but not limited to:
  • Restricted sale to consumers 21 or older
  • I.D. check required
  • Total THC at or below 0.3% by weight
  • Maximum 1 oz. net weight per container
  • Maximum 3 mg total THC per serving
  • Must be oil-based product
  • Cannot contain artificially or synthetically derived cannabinoids
  • Cannot contain added flavors, sweeteners, alcohol, kava, caffeine, nicotine and other prohibited ingredients
  • Lab tested for cannabinoid content and contamination
  • Proper labeling, including advisory statements and consumer access to all required test results
  • Child resistant packaging

*Not a complete summary of all requirements. Please review interim rules for complete requirements.

• A Certificate of Registration to sell is not required
• *Product must comply with all Hawaii regulations including, but not limited to:
  • Total THC at or below 0.3% by weight
  • Cannot contain artificially or synthetically derived cannabinoids
  • Cannot contain alcohol, kava, caffeine, nicotine and other prohibited ingredients
  • Lab tested for cannabinoid content and contamination
  • Proper labeling, including advisory statements and consumer access to all required test results

*Not a complete summary of all requirements. Please review interim rules for complete requirements.

Retailers and distributors will be able to apply online to obtain a Certificate of Registration beginning January 2026. A valid Certificate of Registration is required before conducting business in the State of Hawaii in following categories.

*Certificate may be used to register one website address (if applicable). Each additional unique website a business uses to sell MHP will require a separate and unique Certificate of Registration.

**Applies to business located in Hawaii or outside of the state that are retailing or distributing MHP online.

Businesses are responsible for determining if they need a Certificate of Registration to sell manufactured hemp products and subject to enforcement action for non-compliance with Hawaii regulations.

Any business that is required to but has not obtained a valid Certificate of Registration may be subject to enforcement action, including but not limited to:

• Warning letters
• Cease and desist letters with penalties up to $10,000 for each offense
• Embargo of product
• Seizure and destruction of product by DOH, Department of Attorney General, Department of Law Enforcement and county police

Penalties for sale of non-compliant manufactured hemp products or products that are prohibited for sale, like hemp flower and vapes, etc., may include:

• Suspension or revocation of Certificate of Registration
• Warning letters
• Cease and Desist letters with penalties up to $10,000 for each offense
• Embargo of product
• Seizure and destruction of product by DOH, Department of Attorney General, Department of Law Enforcement and county police

No.

Hawaii prohibits the sale of manufactured hemp product 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.

Yes, provided you have a valid Certificate of Registration (if applicable).

But please remember, you are responsible for making sure the product meets all of Hawaii’s requirements, including Hawaii’s total THC limits, testing, restriction on use of certain ingredients, packaging, and labeling rules. Just because a hemp product meets another state’s regulatory requirements does not mean it meets Hawaii’s rules. To help retailers and distributors, we’ve created guidance documents for each type of allowable manufactured hemp product. You can find these guidance documents on our webpage.

Yes.

Any packaging, re-packaging, labeling and re-labeling of a manufactured hemp product in Hawaii requires the business to be permitted as a hemp processor. All permitted hemp processors receive a Certificate of Registration to sell at no cost. You can find an application to obtain a processor permit under our webpage.

Yes.

Any packaging, re-packaging, labeling and re-labeling of a manufactured hemp product in Hawaii requires the business to be permitted as a hemp processor. All permitted hemp processors receive a Certificate of Registration to sell at no cost. You can find an application to obtain a hemp processor permit on our webpage.

No, provided these products do not contain any added hemp-derived cannabinoids (including CBD). If the only hemp derived ingredients are hulled hemp seed, hemp seed protein or hemp seed oil, then these products are food and not considered manufactured hemp product and would not require the seller to register with OMCCR.

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 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.

Please contact DOH – Food Safety Branch on your island for information if the food product containing hemp seeds requires a permit to sell.

For questions about hemp microgreens, please contact the Hawaii Produce Safety Program at 808-832-0685. 

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].