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CBD is popular for managing anxiety and brain fog, but its legality varies by state. So, is CBD legal in Hawaii?
While Hawaii claims to align with federal law, it interprets this differently, deeming CBD products illegal outside the medical cannabis program until regulated by the FDA.
Despite this, many residents still access CBD oil in Hawaii and CBD gummies in Hawaii, often through online orders. It's essential to understand Hawaii CBD laws before making a purchase.
Table of Contents
Legal Concerns About CBD
What are the CBD laws in Hawaii?
Does Hawaii have a CBD possession limit?
Can doctors prescribe CBD in Hawaii?
Where to buy CBD in Hawaii?
Is CBD legal in all 50 states?
Resources
Disclaimer: We’re always working to stay informed on the latest CBD laws and research. However, state laws are subject to change and we advise that you do your own research to verify the information you find in this article. This is not intended as legal advice.
CBD became federally legal in 2018 under the Hemp Farming Act, which removed industrial hemp and its derivatives from the Controlled Substances Act. However, legal CBD must come from hemp containing less than 0.3% THC.
Even after starting with legal hemp, manufacturers must ensure the final product also contains under 0.3% THC, as extraction can concentrate cannabinoids and increase THC levels. Since the CBD industry lacks strict regulations, it's important to verify third-party lab tests to confirm a product's legality.
Federal guidelines apply, but you must also follow your state's specific CBD regulations.
Hawaii has mostly refrained from imposing their own hemp and CBD laws, and instead has aligned all state laws to match federal laws. The state explicitly spoke out to warn consumers that all cannabis-derived products are prohibited within the state per FDA regulations.
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. They clarify that CBD may not be added to food or drinks or be sold as a dietary supplement.
Other states, like California, Minnesota, and Washington, have also adopted a similar stance while awaiting new FDA regulations. These regulations generally only affect manufacturers and vendors, and Hawaii’s penalties are greater than many other states. The Hawaii Food, Drug, and Cosmetic Act gives the state the right to fine businesses and vendors who illegally market CBD up to $10,000 per day.
Despite these restrictions, CBD is relatively accessible across the state, and the state has not imposed legal specific repercussions against the possession of CBD. If the products are considered high-THC marijuana products, possession may be punishable by fines up to $3000 and jail time.
CBD is accessible through the states medical cannabis program and can be purchased at any of the state’s dispensaries. Other consumers may or may not be able to find CBD products within the state, but the U.S. Postal Service declared that CBD is legal to ship through the mail, so CBD may be accessible online. Hawaii officials have also reported that CBD laws in the state have the potential to change, but will only change in accordance to federal laws.
Hawaii prohibits CBD products within the state and therefore has no declared possession limits. The only limits apply to patients with qualifying conditions who access CBD in accordance with the state's medical cannabis program.
In general, you do not need a prescription to access CBD products, but CBD products may still be illegal in the state of Hawaii. The state has had a medical cannabis program in place since 2000, so qualifying patients may be able to get a doctor’s recommendation for CBD products.
According to state officials, CBD cannot be legally sold in Hawaii. Still, many consumers report that the products are accessible throughout the state. It is unclear if these products are legal or safe. Many CBD brands also ship CBD products to Hawaii, leading many people to order CBD online.
Buying CBD online is a suitable option for most consumers, where it is legal. When you buy CBD online directly from the brand, you get better oversight of the brand’s manufacturing practices. Looking at the brand’s hemp source and lab testing procedures can help ensure that the CBD products you choose are clean, potent, and meet legal guidelines.
Buying CBD directly from a brand instead of from a third-party market may also be less costly since you won’t have to pay the extra fees that are often tacked on by the middle man. Of course, premium CBD can be expensive to manufacture, so you should also be wary of products that offer low-ball prices.
Finally, buying CBD online may be the best way to access many different types of CBD. The most common type of CBD product is an oil tincture, but you can find a variety of CBD edibles, topicals, and other specialty products when you shop online.
For more information on how to find high-quality CBD products, check out our CBD Buyer’s Guide.
Thanks to federal updates, CBD has the potential to be legal in every U.S. state. CBD is legal only for medical use in Hawaii, but every state has different regulations regarding the manufacture and sale of CBD. Click here to find out where CBD is legal.
Yes, you can bring CBD gummies to Hawaii, but it's important to ensure they comply with state regulations.
A prescription is not required for general CBD products, but you will need one to access CBD through the medical cannabis program.
As of 2024, CBD remains legal in Hawaii, but products must comply with federal regulations and state laws.
As of now, CBD is legal in all states, but some states have strict regulations on its sale and use, such as Idaho and South Dakota, where hemp-derived CBD products have more restrictions.
Yes, you can generally bring CBD gummies on a flight, but it's recommended to check with the airline and TSA guidelines beforehand.
Many users report that CBD gummies can help relieve pain, though individual results may vary and scientific research is still ongoing.
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