Is Delta 8 Legal in Hawaii?

Products derived from hemp, such as Delta 8 and Delta 9 THC, have gained significant popularity as alternatives to medical marijuana in various regions. These products are classified as federally legal since they originate from hemp plants, thus making them much more available and accessible to consumers.

 

Nevertheless, the federal legality of these hemp-derived cannabinoids does not guarantee their legality at the state level, leading many to ask “Is Delta 8 legal?“. To clarify the situation regarding Delta 8’s legal status in Hawaii, it’s not particularly encouraging news.

 

In Hawaii, stringent regulations exist concerning hemp-derived cannabinoids, including Delta 8 and Delta 10, particularly those produced through a chemical isomerization process. Thus, legislation prohibits the utilization, possession, manufacturing, selling, and distribution of these substances.

 

Is Delta 8 legal in Hawaii?

According to the laws of Hawaii, Delta 8 THC, which is typically obtained from the chemical isomerization of CBD, is deemed illegal. This ban applies comprehensively to all facets of hemp products, including their use, possession, sale, distribution, production, and marketing of anything containing this compound.

 

The process of isomerization involves exposing CBD molecules to various solvents and acids, such as heptane or glacial acetic acid, under heat for a maximum of 72 hours. This alters CBD’s molecular composition, converting it into Delta THC.

 

Delta 8 THC is often classified as a synthetic cannabinoid by the DEA and numerous US states due to its origin from this chemical conversion process. The Controlled Substances Act (CSA) generally bans such synthetically produced compounds at the federal level. Presently, 22 US states, including Hawaii, have imposed restrictions or outright prohibitions on Delta 8 products.

 

Despite these regulations, there are reports, although unverified, of some retailers in Hawaii that continue to sell and distribute Delta 8 products with minimal law enforcement intervention.

 

What is Delta 8 THC?

Delta-8 THC, which was first identified in 1941, is among the over 100 naturally occurring compounds called cannabinoids, found in trace quantities within the hemp and marijuana plants. As a minor cannabinoid, Delta 8 THC constitutes less than 1% of a fully developed cannabis plant.

 

The cannabinoid offers appealing benefits that make it a compelling alternative for individuals who either cannot legally access THC or prefer a more subdued experience compared to Delta 9.

 

Although Delta 8 is a psychoactive compound that induces a ” high “, users typically experience milder psychoactive effects relative to Delta 9 THC. Many view it as a balanced option between Delta 9 THC and CBD, as Delta 8 brings feelings of euphoria and upliftment.

 

What is the 2018 Farm Bill?

The Agricultural Improvement Act, commonly referred to as the 2018 Federal Farm Bill, represents the federal legislation that formally legalized hemp and THC products derived from hemp.at the federal level.

 

One of the most prominent and widely debated elements of the 2018 Farm Bill was the legalization of industrial hemp, classified as a variety of the Cannabis sativa plant species. This action effectively eliminated hemp, which is identified as cannabis and its derivatives provided they contain no more than 0.3% Delta 9 THC on a dry weight basis, from the list of controlled substances.

 

The implications of the bill have been substantial, reshaping federal regulations concerning hemp products like CBD and the broader hemp industry. It has enabled the extensive cultivation of hemp and the transfer of hemp-derived products across state lines for commercial or other uses. Moreover, the bill instituted regulations and requirements for growing and selling hemp, supervised by the U.S. Department of Agriculture.

 

The Legislative History of Delta-8 THC in Hawaii

A significant development occurred in August 2021, when the Hawaii Department of Health’s Food and Drug Branch introduced interim rules that prohibited the sale of edible and inhalable hemp products. This prohibition specifically included Delta 8 THC and encompassed a variety of products such as Delta 8 flower, pre-rolls, vapes, and beverages.

 

Subsequently, these rules were revised on February 24, 2022, to broaden the scope of the prohibition to include all synthetic substances. This revision specifically targeted isomerized cannabinoids, including Delta 8, Delta 10, HHC, and THC-O, tightening the regulations around hemp-derived THC products.

 

Is Recreational Marijuana Legal in Hawaii?

No, recreational cannabis remains illegal in Hawaii. Nonetheless, small quantities of up to 3 grams have been decriminalized under state law following the enactment of House Bill 1383, signed into law by David Ige in 2020.

 

Following the legalization of medical cannabis in 2000, there have been several efforts to legalize recreational cannabis, all of which have been unsuccessful.

 

Last year alone, three legislative attempts were made, where the Senate Judiciary Committee aimed to legalize recreational marijuana via Senate Bill 767, Senate Bill 704, and Senate Bill 1376. However, both SB 767 and SB 704 did not gain traction and failed to receive a hearing in the Senate. While SB 1376 did pass, it won’t take effect until 2137, rendering it virtually ineffective.

 

Is Medical Marijuana Legal in Hawaii?

In Hawaii, medical cannabis is legal for patients with qualifying health conditions who possess a valid medical marijuana card. Hawaii was the eighth state in the U.S. to legalize medical marijuana, being the first to achieve this through legislative action rather than through a ballot initiative, with this landmark decision occurring in 2000. Despite this, recreational use of cannabis remains illegal in the state, with only a degree of leniency shown for the possession of small amounts, specifically up to 3 grams, which is decriminalized.

 

Eligible patients who areIndividuals who are 21 years or older and possess a licensed medical cannabis card are legally allowed to utilize, possess, and cultivate limited quantities of cannabis exclusively for medical purposes in accordance with state law. This legal framework was established when Governor Ben Cayetano enacted Act 288, which granted the right for medical cannabis cardholders and their designated caregivers to grow cannabis for medicinal purposes. Importantly, this legislation did not create a legal market or a framework for cannabis or permit the operation of licensed dispensaries.

 

In a significant step forward for cannabis policy, Hawaii expanded its medical marijuana regulations in 2015 by launching the Medical Marijuana Dispensary Program. This program legally permitted the cultivation of medical cannabis and established the foundation for a legal network of dispensaries. All patients wishing to qualify must register with the Hawaii Department of Health and acquire a 329 Registration Card before they can use or possess medical cannabis.

 

Interestingly, in 2019, the Hawaii Department of Health introduced an online process enabling medical cannabis patients from other US states to legally obtain medical marijuana products during their visit to Hawaii. This procedure involves filling out a straightforward online form that takes approximately ten minutes, along with a fee of $49.50, which can be paid up to 60 days in advance.

 

Lastly, in 2022, the Hawaii Senate Committee approved SB 2718, allowing all residents of Hawaii aged 65 and older to automatically qualify for medical cannabis, regardless of whether they have a qualifying medical condition. This bill received unanimous support from the Hawaii Senate Health Committee, passing with a 3-0 vote, and is set to officially take effect on January 1, 2050. However, this future implementation date suggests that further discussions and debates regarding the bill will likely take place before its final execution.

 

Where to Purchase Delta 8 THC in Hawaii

A quick search on Google for “buy Delta 8 THC near me” will yield numerous results. While some local smoke shops and CBD stores in key cities like Honolulu, Pearl City, Waipahu, and Hilo may offer Delta 8 THC, it’s essential to note that, despite being derived from the hemp plant, Delta 8 THC is technically still illegal.

 

However, there are alternative methods to purchase Delta 8, with many finding that shopping online for Delta 8 THC is far more convenient.

 

How to Order Delta 8 THC Online in Hawaii

Despite Hawaii’s prohibition on Delta 8 THC, some individuals claim that there are retail outlets throughout the state, particularly in Honolulu, that continue to sell limited amounts of Delta 8. We advise exercising caution, and it is important to understand that law enforcement has the authority to technically arrest and charge you for possessing Delta 8.

 

The same caution applies to purchasing Delta 8 THC products online. While you might find some online retailers willing to ship hemp-derived THC products directly to you, be aware that doing so carries certain risks, and we would not recommend it.

 

FAQ

 

Is marijuana legal in Hawaii?

Indeed, for patients with qualifying health conditions, the use of medicinal marijuana is legal. Such patients may receive a medical marijuana card, enabling legal access in accordance with Hawaii state law. Notably, Hawaii became the 8th US state to legalize medical cannabis. However, recreational marijuana remains illegal, though small amounts have been decriminalized.

 

Is it permissible to travel to Hawaii with Delta 8?

Unfortunately, Hawaii does not allow the possession or use of Delta 8 THC that has been derived from CBD. As a result, traveling to Hawaii with either hemp-derived or marijuana-derived Delta 8 products is not legally permitted. We recommend that you leave your Delta 8 products at home when planning a trip to Hawaii.

 

Is Delta 10 permitted in Hawaii?

No, Delta 8 or Delta 10 sourced from CBD through an isomerization process is not legally purchasable in Hawaii due to the state’s prohibitions on such cannabinoids.

 

Is CBD allowed in Hawaii?

Hemp-derived CBD is legal in Hawaii with specific regulations, except for certain products such as flower, vapes, beverages, or food items. To comply with Hawaii law, all CBD products must contain a maximum of 0.3% THC.

 

What does the future hold for Delta 8 in Hawaii?

Regrettably, Delta 8 will continue to be illegal in Hawaii due to the state’s unique perspective on isomerized Delta 8. While several states have enacted regulations that align with the federal government’s hemp policy, Hawaii stands as a notable exception. Future developments in cannabis legislation remain unpredictable; only time will reveal whether Hawaii will continue its stance on Delta 8 THC or if a more favorable outlook is forthcoming.

 

We foresee that Hawaii may eventually regulate Delta 8 in a manner similar to some other states, potentially reflecting California’s approach. Until that change occurs, we advise exercising caution and understanding that Delta 8 products are not considered fully legal within the Aloha State.

 

 

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