Free shipping within the U.S. on orders above $50!
in your Cart...

No products in the cart.

Shipping, taxes and coupons will be calculated at checkout.
Delta 8 > What To Know About The Legalities Surrounding Delta 8 In Hawaii Before You Get Your Aloha On

What To Know About The Legalities Surrounding Delta 8 In Hawaii Before You Get Your Aloha On

November 2, 2021

Is Delta 8 THC legal in Hawaii
Table of Contents

If you’re planning on visiting the Aloha State, you may be surprised to learn that Delta 8 is legal in Hawaii. However, it’s essential to take note of a few things before you decide on carrying or purchasing Delta 8 THC products. This post will help uncover some of the questions you may have.

The federal law surrounding Delta 8 THC is constantly changing. We always strive to do our best to give you the most updated information. However, we advise you to do your due diligence and check your current state law before purchasing any hemp-derived products (CBD, THC) In Hawaii. The information in this post is not intended as legal advice nor to diagnose, treat or give any medical advice. In any event, do your due. Always seek your doctor’s advice if you are in doubt or are currently taking any prescription medications. 

Main Takeaways

  • Delta 8 THC is a compound that exists because of the genus cannabis.
  • Yes, Delta 8 can be extracted and sold legal in Hawaii because it’s a hemp-derived cannabinoid.
  • The HB2689 legislature has legalized hemp in Hawaii. This act has removed hemp cannabinoids from the State’s Controlled Substances Act.
  • The use of Delta 8 is not a Schedule I substance in Hawaii.
  • The beautiful Aloha State currently has no possession limits on hemp- or hemp products, including Delta 8 THC.
  • Delta 8 THC is a compound recently brought to light when isolated from the cannabis plant.

What is Delta 8 THC?

Delta 8 THC is a compound that you can find in Cannabis, aka the hemp plant. It is one of the most abundant cannabinoids found in cannabis besides CBD (Cannabidiol), CBN (Cannabinol ), and Delta 9 THC (Tetrahydrocannabinol). Delta 8 THC has a very similar molecular structure to Delta 9 THC, which gives it its psychoactive effects when ingested. However, it is about two to three times less psychoactive than Delta 9 THC, making it an appealing natural relief for consumers who do not want the high associated with other cannabinoids.

Is Delta 8 Legal In Hawaii? 

You’re in luck if you want to purchase delta 8 products and live in Hawaii. So is Delta 8 THC legal in Hawaii? Yup, it sure is. You are allowed legally to enjoy this new THC compound. 

Where Can You Buy Delta 8 Products In Hawaii? 

You might be able to find Delta 8 THC products in convenience stores like mini markets, liquor stores, and gas stations along the main routes. One thing to have in mind, these locations are not required to test their products for THC levels or cannabinoid content of any kind, so make sure to keep an eye out for what you get or put in your body. 

That said, if you’re looking to purchase a quality Delta 8 product that a professional lab has tested for its cannabinoid content, legality, and safety, we recommend you buy from a reliable dispensary. This way, you are at least ensuring you’re using clean, properly made Delta 8. 

Be wary of companies who boast on the lab tests being positive, but refuse to provide them for you to see. Always read reviews and read the lab reports, especially when it comes to products like delta 8.

Most people prefer to buy their federally legal hemp products from online shops, and there are plenty of sites that offer many variations. You can also check out any of our CBD products for sale, or you can always give one of our customer service reps a call if you have any questions. We would love to guide you in the right direction. 

Hawaii State Hemp Laws On Delta 8 THC And The Cannabis Plant

With the passage of HB 2689, Hawaii has fully legalized hemp. This act has removed hemp products from the State’s Controlled Substances Act. According to the federal definition, the State defines “hemp” and excludes hemp-derived cannabinoids from its federally legal classification of tetrahydrocannabinols.

For more details, below are some snippets of the bill: 

The Hawaii House Bill # 2689


(9) Amending the definitions of “marijuana” in the state law that clarify that growing hemp plants with a licensee is not categorized as marijuana and therefore amending the references to tetrahydrocannabinols in the state law to exclude the tetrahydrocannabinols from the hemp plant;

141-A Definitions.

“Industrial hemp” means the hemp plant Cannabis sativa L. and any parts of the plant, which also includes the seeds thereof and all hemp derivatives, cannabinoids, extracts, isomers, acids, salts, and salts of isomers, whether it’s growing or not, with delta 9 THC (tetrahydrocannabinol) concentration below 0.3% on the total dry weight.


Section 329-1, Hawaii Revised Statutes, is amended as the following;

  1. Adding a new definition that is set to be appropriately inserted:

“Hemp” means that all parts of the hemp plant Cannabis sativa L., whether it is growing or not, including the seeds thereof and all hemp derivatives, cannabinoids, extracts, isomers, acids, salts, and salts of isomers, whether it is growing or not, with a delta-9 THC (tetrahydrocannabinol) concentration that is not more than 0.3% on total dry weight as measured post-decarboxylation or by other similarly reliable methods.

  1. Amending the definition of “marijuana” to read as below:

“Marijuana” which means all parts of the genus Cannabis whether it is growing or not; the viable seeds thereof, the resin that is extracted from any part of the plant; and every compound too, manufactured, any salt, derivative, and mixture, or preparation of the plant, its seeds, or resin hereof. [It]

“Marijuana” does not include:

(4) A product that contains or is derived from the hemp plant, any product that contains one or more hemp-derived cannabinoids such as CBD (cannabidiol), that:

(A) Does not include any of the living hemp plants, viable seeds, leaf materials, and or floral materials; and

(B) Has a delta 9 THC (tetrahydrocannabinol) concentration of not more than 0.3% on total dry weight, as measured post-decarboxylation or by other similarly reliable methods.


Section 329-14, Hawaii Revised Statutes, is amended by amending subsection (g) to read as follows:

(g) Any of the following cannabinoids, their salts, isomers, and salts of isomers, unless specifically excepted, whenever the existence of these salts, isomers, and salts of isomers is possible within the specific chemical designation:

(1) Tetrahydrocannabinols; meaning tetrahydrocannabinols naturally contained in a plant of the genus Cannabis (cannabis plants), as well as synthetic equivalents of the substances contained in the plant, or in the resinous extractives of Cannabis, sp. or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity to those substances contained in the plant, such as the following: Delta 1 cis or trans tetrahydrocannabinol, and their optical isomers; Delta 6 cis or trans tetrahydrocannabinol, and their optical isomers; and Delta 3,4 cis or trans-tetrahydrocannabinol, and its optical isomers (Since nomenclature of these substances is not internationally standardized, compounds of these structures, regardless of numerical designation of atomic positions, are covered); provided that tetrahydrocannabinols under this subsection shall exclude tetrahydrocannabinols in hemp (1)

Is Delta 8 Viewed As A Controlled Substance?

The use of any delta 8 products such as delta 8 THC gummies, delta 8 THC oil, Delta, or similar, is not seen as a controlled substance in Hawaii. The State determined that it does not meet the criteria for inclusion as a Schedule I or II drug.

From past research, Delta 8 THC can be classified as an opioid analgesic, with its effects similar to those of morphine and hydrocodone but with less sedation and respiratory depression. (1)

Are There Currently Any Possession Limits On Delta 8 THC In Hawaii? 

Beautiful Hawaii does not have any possession limits on legal hemp products, including Delta 8 THC, or Delta 10 THC for that matter.  That means, you can as others buy delta 8 products legal in Hawaii.

So How Is Delta 8 Being Produced? 

Delta 8 THC is a compound that can be isolated from Cannabis. Because of this, you can say Delta 8 THC is pharmaceutically created and not made in nature to any significant degree. However, you produce it by using heat and other natural occurring methods in the labs. 

More Control Across the Board

If you look at the requirements to grow Cannabis w/ THC legal in Hawaii, you’ll see the State wants more control over who grows their products and make sure it’s hemp grown to ensure the safety of consumers. 

Before this, there were no guidelines. There was no licensing requirement. Anyone could grow Cannabis anywhere on the islands. They did not have to secure their crops or buildings.

Now you’ll see tighter controls on how products are tested, packaged, and labeled. The State wants to protect consumers from unsafe products, which we here at BioWellnessx can only support. Consumer safety is always #1. As consumers in Hawaii, you are more protected and can feel more safe and secure when purchasing products with delta 8 THC and similar. 

Is Delta 8 Legal In All 50 States? 

All states have the right to decide their specific stances on the use of Tetrahydrocannabinolates from Cannabis. Under federal law, Delta 8 THC is allowed under the context of the 2018 Farm Bill. That also means that Delta 8 is legal in Hawaii under state law. However, we suggest you read more about Delta 8 and its law by your State to determine its legality in yours and other areas. Looking for a different state? Search other states and see if delta 8 is legal there.

Final Thoughts

One thing is for sure; we are super excited about this delta 8 compounds as it offers so many health benefits and is known to be a generally safer choice. Remember to seek your doctor’s advice if you are currently taking any prescription medications or are unsure if this is right for you. 

See other THC products:

Our delicious Delta 8 THC Products

Organic Delta 9 THC Gummies

Full Spectrum Mellow Drops (a staff favorite)


HB2689- HB2689_HD1_.pdf (

Farm Bill- H.R.5485 – 115th Congress (2017-2018): Hemp Farming Act of 2018 | | Library of Congress

States Legislative Bans – Regulatory Clarifications – Considered or Have Been Enacted

Follow Up

Frequently asked questions

Is Delta 8 THC legal in Hawaii or should I worry?

THC is only legal if it's extracted from industrial hemp (cannabis), and it has delta 9 THC below 0.30% of total dry weight.

Can I see your lab results online?

Yes, our company displays our results on our site. Go under the product page, look for delta 8 products, and you can find a link directly to the recent lab report of that product.

What is the legal age to buy Delta 8?

It various from State to State, but in most, you have to be 21 to purchase any legal hemp-derived products.

Retailers have the right to determine age limits for purchases made on Delta 8 products. Many stores require customers to be older than 21. Current there is no regulation in the state which limits the age of persons.

Is Delta 8 safe to use?

Delta 8 is safe to use. Please always do your part and make sure your products are from a reliable company.

If you enjoyed this article, please consider sharing it!

Leave a Reply

Your email address will not be published.

At BioWellnessX we are on a mission to make legal, high-quality hemp-derived THC & CBD products more accessible for people nationwide. We offer cutting-edge products with one goal in mind – provide natural relief!

Blog Categories
Related Articles
Our best selling gummies

age verification

Are you at least 21 years old?