CBD Oil In Hawaii: Everything CBD, Legality, Shipping & More


(Braden Jarvis | unsplash.com)

Hawaii, the state built by volcanoes, is growing by an average of 42 acres per year.  And the growth in popularity of CBD seems to run right along with a growing state each year.  However, Hawaii does not allow CBD products without a prescription. 

Like several other states, Hawaii is keeping a close eye on its citizens’ health and well-being.  And they are doing so by following the guidance of the FDA. Thus, CBD is only legal via the FDA approved prescription drug Epidiolex.  However, those with doctor recommendations may obtain other CBD products through the medical marijuana program.

What Is CBD?

Cannabidiol or CBD is a cannabinoid found in hemp and marijuana plants (also collectively known as cannabis). Depending on the source, CBD carries a varying degree of THC quantities. It is often a part of additives, and other consumer-grade products, including but not limited to CBD oils, CBD creams, and CBD aromatherapy agents.

How is Hemp Different From Marijuana?

Both the plants are sources of the cannabinoid CBD. The distinction between the two groups of strains is that marijuana is a highly controlled substance on the federal level, while hemp is federally legal. The reason for this difference in legal classification is a difference in THC quantities of both the plants.

THC is a psychoactive chemical that can give its users a high when taken in substantial quantities. Marijuana contains enough THC quantities to produce said high and is considered a drug, on the federal level, for the same reason. However, Hemp is not on the federal list of controlled substances as long as it contains no more than 0.3% THC.

Hemp and cannabis differ in appearance, with certain factors ever so evident. Marijuana has an abundance of foliage and flowers that aren’t available in the same density in the hemp crop. Another difference is that hemp grows tall and skinny stalks, while marijuana grows bushy and covers a broader area.

Does Hemp or Marijuana Have More CBD Oil?

For the most part, marijuana produces a larger yield of CBD than hemp. This difference results from marijuana having a larger population of flowers, a higher density of leaves, and a more significant resin volume. All of these factors are visibly fewer among hemp plants. That might make one wonder the reason behind most CBD producers preferring hemp despite its lower output.

That has more to do with the business side of things. Even though marijuana has a larger CBD supply, the market for marijuana-based CBD has been shrunk due to the federal controls. Since the CBD that comes from marijuana contains higher THC levels, it is legal in far fewer states with many more conditions (age restrictions, medical-exclusive usage, etc.).

On the other hand, the CBD from hemp contains a federally-compliant volume of THC (no more than 0.3% per dry weight). So to those producing CBD for the mass market, marijuana is useless in most ways except one.

The CBD output of marijuana has served as an inspiration for hemp-based CBD manufacturers. Despite not being able to switch to marijuana as a source, most CBD manufacturers have looked at the plant as an indication of possibility.

With consistent strain-breeding tests, varieties of hemp produced can rival the CBD output of a marijuana crop while carrying no more than 0.3% THC. With a consensus on the status of marijuana much farther away, these newly-bred hemp plants are the future of CBD production.

Why is CBD Sometimes Illegal In Different States?

Several factors have contributed to CBD having the status it holds. It is legal or illegal in some states, depending on its origins. In others, it is entirely illegal, while some states legalize it regardless of the source. To understand this, you should know the origins of the initial CBD controls.

  1. The FDA approved CBD as a controlled substance because it contains THC. THC is a psychoactive substance abused to get high. As is with most drugs with a potential for abuse, the FDA approved a set of uses as presented by the drug patent. It made CBD legal in a minimal capacity.
  2. The reason, as briefly mentioned earlier, was not CBD but the THC within CBD. But in the eyes of the FDA, both were interchangeable and equally controlled. What the FDA did not factor was the fact that it is impossible to induce a high with trace amounts of THC and that it is possible to produce CBD with only 0.3% THC.
  3. The United States Farm Bill of 2018 changed this by categorizing hemp, with 0.3% and lower THC per dry weight, separately from controlled cannabis. It would make industrial hemp federally legal. The FDA has since approved hemp seed oil and hemp seed protein as additives to human food. CBD oil derived from hemp currently enjoys federally legal status as long it contains no more than 0.3% THC. That said, the bill allowed individual states to derive their conclusions regarding hemp and hemp-based products.
  4. With 50 states doing their research, carrying out their discourse, and deciding their hemp laws, the waters were sure to get muddy. That brings us to the current situation, where CBD has two sets of laws: marijuana-derived CBD and the other for hemp-based CBD. Each state has its own laws for each of the two types of CBD, and then the federal government has its own laws regarding the two types of CBDs. This brings one to a total of 102 possible positions on CBD across 50 states. Thankfully, it is not as complicated as it could be. As long as you are looking at a particular state, only a handful of key points are all you need to know when ordering CBD.

Is CBD Legal In Hawaii?

CBD oil is only legal in the state of Hawaii for those holding a medical marijuana card appointed by a physician.  That is, CBD oil derived from marijuana.  But, what of that derived from hemp?  Here is what the State of Hawaii, Department of Health Food and Drug Branch have to say about CBD:

                “The increasing number of cannabis-derived products (including those products derived from hemp), especially cannabidiol (better known as “CBD”), that are being distributed and sold are generating concerns with the public health community about product safety and drug interactions, truth-in-labeling, false health claims, and quality control.  Hawaii law prohibits adding any cannabis-derived substances to food, beverages, or cosmetics for manufacture, distribution, or sale.  The U.S. Food and Drug Administration (FDA) has not approved the use of CBD in over-the-counter products and does not consider these products safe.”

However, CBD oil derived from industrial hemp is legal if a)not added to any food, beverage, or cosmetic, b)not marketed for human consumption as a dietary supplement, c)not containing THC, d)may not be sold with any health claims.

The legal use of CBD for medical purposes first became possible back in 2000, with Act 228 set in motion.  This act allowed for the use of marijuana for specific therapeutic use only.  The law stated that qualifying medical patients and their caregivers would be allowed to grow and possess marijuana for the patient’s medically accurate use.  However, there was no system to regulate the purchasing of medical marijuana, so there was still a problem for those unable to grow their medical supply.

On June 25th of 2013, Act 178 was passed, which cleaned up some of the previous act languages and helped define unclear things.  However, again the system for selling medical marijuana was yet to be established.

Finally, on July 14th of 2015, Act 241 passed in Hawaii.  This act established a regulated statewide dispensary system to ensure that patients who were unable to grow their medical marijuana would legally purchase their medications.

Passed at the same time was also Act 242.  Act 242 clarified some more of the rights of medical marijuana patients to provide them with equal civil rights.  The clarification gives patients who are medical marijuana users free from persecution from schools or landlords. 

On July 18 of 2015, the official Adoption of Chapter 11-160, “Medical Use of Marijuana,” occurred.  It made the entire situation very official and formally mandated.

Hawaii updated Chapter 329 of the Uniform Controlled Substances Act that defined Marijuana and excluded the mature stalk and anything other than resin extracted from the mature stalk included in the term.  This change effectively legalized the mature stalk and its subsequent products such as fiber and oils by removing this part of the mature plant from the controlled substances list.  The act also helped define the sale of controlled substances such as marijuana for medical uses.

Federally speaking, marijuana remains on the controlled substances list. And for the time being, it appears as though Hawaii will continue to follow suit.  And even though Hawaii accepts the use of 0.3% THC industrial hemp as legal, CBD’s application is still not allowed legally in the state.

Is CBD Derived From Cannabis Legal in Hawaii?

CBD or cannabidiol is a chemical compound found in the Cannabis Sativa plant.  It’s been argued that Cannabis Sativa has four or more ‘sub-species’ which is why there is such a difference in hemp to strains high in THC.  However, the federal government accepts two primary cannabis groups:  hemp (below 0.3% THC) and marijuana (above 0.3% THC).  CBD is only legal in the state of Hawaii for medical purposes from marijuana, a controlled substance.  CBD is legal for non-human use if derived from industrial hemp.

Is Hemp-Derived CBD Legal in Hawaii?

Hemp-derived CBD is legal in Hawaii under specific regulations.  These include but are not limited to not marketing the product for use as a food supplement or additive and cannot be added to foods, beverages, or cosmetics. 

The Legality of Different CBD Products

What is a CBD flower? CBD flower is a term often given to the flower of the Cannabis Sativa plant.  Particularly, this term is used for strains containing a high amount of cannabidiol.
Is CBD flower legal in Hawaii? CBD flower is a term given to the cannabis flower with high CBD content.  Currently, the state of Hawaii aligns its legislature with the medical marijuana program.  When it comes to CBD, the state only recognizes the FDA’s approved CBD medication for rare epilepsy.
Can CBD flowers be purchased online? No, CBD flowers are not available for purchase online.
What are CBD terpenes? CBD terpenes are aromatic compounds found within the cannabis plant used to derive CBD oil.
Are CBD terpenes legal in Hawaii? Terpenes are chemical compounds, typically aromatic compounds that have a variety of (usually) beneficial effects.  Cannabis terpenes are not legal for human consumption in Hawaii.
Can CBD terpenes be purchased online? CBD terpenes cannot be bought online in the state of Hawaii.
What is CBD wax? CBD wax is a concentrated form of CBD oil, in a waxy, semi-solid form.
Is CBD wax legal in Hawaii? CBD wax is a concentrated form of CBD oil in solid wax-like form. This product is not legal for human consumption in Hawaii.
Can CBD wax be purchased online? It is illegal to buy CBD wax in Hawaii.
What are CBD gummies? CBD gummies are gummies infused with cannabidiol
Is CBD gummies legal in Hawaii? CBD gummies are edible gummies infused with CBD oil.  The state of Hawaii currently does not permit the sale of CBD edible products.
Can CBD gummies be purchased online? CBD gummies aren’t legal to purchase in Hawaii.
What are CBD creams? CBD creams and topicals are skincare products used externally, such as moisturizers or conditioners.
Are CBD creams legal in Hawaii? In Hawaii, it is not legal to sell CBD as a cosmetic; this includes creams.
Can CBD creams be purchased online? CBD creams qualify as cosmetic additives, making them illegal to buy online in Hawaii.
What is CBD liquid? CBD liquid is a special form of CBD oil intended for vapor inhalation (vaping).
Are CBD liquid, e-liquid, and vape legal in Hawaii? CBD liquid is not legal for human ingestions in the state of Hawaii.
Can CBD liquid, e-liquid, and vape be purchased online? CBD smoking liquids are inherently recreational and not allowed in the state of Hawaii.
What is a CBD tincture? A CBD tincture is a concentrated solution made by soaking plant materials in alcohol or vinegar-based solutions.
Is CBD tincture legal in Hawaii? A tincture is a concentrated solution that comes via soaking plant material in alcohol or vinegar-based solution.  CBD tinctures are not legal for ingestion in the state of Hawaii.
Can CBD tincture be purchased online? No, CBD tincture cannot be bought online in Hawaii.
What is THC oil? THC, or delta-9-tetrahydrocannabinol is a cannabinoid found in marijuana that is responsible for the elated feelings of ‘high’ felt by its users.
Is THC oil legal in Hawaii? THC or delta-9-tetrahydrocannabinol is the psychoactive compound in marijuana that creates the ‘high’ feeling.  THC oil is only available via the medical marijuana program under a doctor’s recommendation.
Can THC oil be purchased online? THC oil is available online, although only legal for those with a medical card.

Age Requirements For CBD in Hawaii

Do You Have To Be 18 To Buy CBD Oil In Hawaii?

CBD oil derived from marijuana is only legal in Hawaii by those who have obtained a medical card and a doctor’s recommendation.  CBD oil derived from industrial hemp is permitted, but it depends on how it is labeled and marketed.

How Old Do You Have To Be To Buy CBD Oil In Hawaii?

Although minors may obtain a medical marijuana card if a doctor advises it is necessary to be less than 18 years of age, a caregiver will be required.

Do You Have To Be 18 To Use CBD Oil In Hawaii?

CBD oil is not to be used recreationally by individuals regardless of age. For medical marijuana patients, age restrictions do not apply.

Can A Minor Use CBD In Hawaii? How Old Do You Have To Be?

A minor may use CBD oil in Hawaii if approved for the medical marijuana program.

Do You Need A Prescription Or Medical Card For CBD Oil In Hawaii?

CBD oil is only legally obtained in Hawaii with a medical marijuana card.

Can You Get CBD Oil Without Having A Medical Card In Hawaii

CBD oil is only legally obtained in Hawaii with a medical marijuana card.

Can You Order CBD Oil Online Legally In Hawaii?

As mentioned, when it comes to CBD oil in Hawaii, there is a sort of a legal grey area.  CBD derived from industrial hemp is permitted as long as it is labeled and marketed according to Hawaii’s government guidelines.

State CBD Possession Limits

One cannot possess or use CBD in Hawaii recreationally. However, qualified medical marijuana patients can possess up to four ounces of usable marijuana, which may include CBD.

MMJ Cards In Hawaii

Medical Marijuana Card Requirements In Hawaii

The following symptoms, illnesses, and conditions qualify for Hawaii’s medical marijuana program:

  • Rheumatoid Arthritis
  • Severe nausea
  • AIDS/HIV
  • Lupus 
  • Epilepsy / Seizures
  • Multiple Sclerosis / Persistent Muscle Spasms
  • Cachexia
  • Severe pain / Severe Nausea
  • ALS
  • PTSD
  • Cancer
  • Glaucoma

How To Apply To The MCP (Medical Cannabis Program)

As a new applicant, the certifying physician needs to have a face-to-face working relationship with you. Your consultation must be in-person, where the physician determines whether medical cannabis is the right treatment. You then proceed to create an account on https://medmj.ehawaii.gov/medmj/welcome from where you can make the application to your certifying physician. The physician is responsible for submitting your application to the Department of Health (DOH).

How Long Does It Take To Get A Medical Marijuana Id Card In Hawaii?

It can take 10 to 12 business days for medical marijuana card applications to get processed.

How Much Does It Cost To Apply For The MCP In Hawaii?

The Hawaii Department of Health charges $38.50 for applicants to register.

Where To Buy CBD In Hawaii

Where To Buy / How To Obtain <.3 THC In Hawaii

CBD oil with less than 0.3% THC can be bought at specialized dispensaries in the state.

Where To Buy / How To Obtain >.3 THC In Hawaii

Qualified medical marijuana patients can buy CBD, with over 0.3% THC from the state’s licensed dispensaries.

Where Is CBD Sold In Hawaii?

Those with a medical marijuana card can only obtain CBD products.  The medical marijuana dispensaries are the source of any legal CBD cannabis product.

Are There Any CBD Retailers In Hawaii?

There are a few medical marijuana dispensaries on each of Hawaii’s main islands, including Kaua’i, O’ahu, Maui, and Hawai’i.

Where Can I Find CBD Water?

CBD water or water infused with cannabidiol is not legal in the state of Hawaii.  Cannabis-infused water, which may also contain CBD and THC, can be found at the medical marijuana dispensaries, but only with a medical marijuana card is available.

Where Can I Buy Medical Grade CBD In Hawaii?

You can buy medical-grade CBD from licensed dispensaries in the state.

How To Read CBD Product Labels & Packaging

When it comes to shopping for CBD infused items, there is perhaps nothing more important than the ability to distinguish quality, legal, CBD products from fake ones. Below is a list of components to consider:
 
Expiry date – First and foremost is the expiry date. Though most CBD products, regardless of quality, will have an expiry date, you will be able to notice the predatory few who do not list the expiry date on their products in the hopes that they can sell the item beyond its shelf life.

Product batch number – This is the number that helps manufacturers tell apart the products manufactured on the first day of their operation from the products being manufactured right now as you read this. Why is important to know this difference? Well, if they discover one item to be unfit for the market, they can recall that specific batch from shelves without having to erase all production. Long story short, reliable manufacturers assign product batch numbers to their goods.

Lab testing certification – Fake products claim to be lab-tested but quality products are lab-tested. How can you tell the difference? By looking for a lab testing certification, which is usually a URL or a QR code attached to the packaging. By scanning or visiting the link, you can open a digital copy of the lab testing certificate. If this is missing, yet the product claims to be ‘lab-tested,’ you should steer clear.

Batch information link – Knowing what you are getting is always better than not knowing what you are getting, except for Christmas gifts. If you are interested in knowing more about the product, visit the batch information link on the package or label. If it doesn’t have a batch information link, visit the next shelf or site and get a different product.

A THC quantity statement – A THC quantity statement informs you about the amount of THC in the product. If this is under 0.3%, then the product has higher chances of being legitimate than if this reads any number higher than 0.3%. Usually, those selling CBD products online avoid getting into the legal problems associated with marijuana and focus only on hemp products. Is the product listed as ‘hemp-based’ or does the seller claim it is marijuana-derived? Regardless of your state laws, if an online seller is pushing marijuana-based CBD online like maple syrup, chances are they are an illegal operation.

Hemp extract quantity – Look for this quantity, usually listed in milligrams, to know the amount of hemp extract in the product you are about to buy.

How To Identify Quality CBD Oil

Beware of scammers when you are shopping online for CBD oil. The product is relatively young, and the market is littered with misinformation and quick-buck con artists. Below are a few things to look for when seeking quality CBD oil.

FDA Approval is non-negotiable. You should not buy the product unless it has the FDA approval stamp. The stamp vouches for the fact that the product has been tested and is up to the basic human consumption standards. It is also, at least federally, legal. Moreover, product photography has to be legible. Most quality producers have quality photographs. From looking at the label and packaging, you should be able to spot the origin-statement. Does the product description say the CBD was sourced from hemp or marijuana? If it says, the CBD was sourced from marijuana, disregard the product entirely. Marijuana-based CBD oils aren’t meant to be purchased online.

Finally, with the legality established, you must look for quality. The best way to get an indicator of quality is by having your finger on the pulse of those who have bought the product. Forums, Google, and Facebook have made this easy. Look for reviews that are posted far apart in time. That is because many website owners buy fake reviews that are posted within minutes of each other. Take such counterfeit reviews as a red flag and don’t buy from that manufacturer. Every product will have some users disappointed, so do not disregard a CBD oil over a few bad reviews. Sometimes competitors buy fake negative reviews for rivals. Look for an overall satisfactory rating. If most real customers are happy with the product, the chances are that you will be too.

Shipping, Mailing, & Travelling With CBD

Can You Mail CBD Products To Hawaii?

CBD products may be mailed to Hawaii as long as the CBD comes from hemp and labels accordingly.  Hawaii follows federal regulations for sending hemp products that may contain no more than 0.3% THC by dry weight.

Can You Ship CBD Products From Hawaii?

Shipping CBD from Hawaii is legal following federal regulations.  Carriers such as FedEx, UPS, and Purolator all transport CBD products following the federal rules in the Farm Bill of 2018.

How Would You Ship CBD Oil, Cream, or Flowers?

Shipping CBD oil that comes from industrial hemp and is 0.3% THC or less is legal in Hawaii.  CBD cream is not permissible as this would constitute a cosmetic, and CBD has not been approved as such by the FDA.  Flowers of the cannabis plants are only available legally to those with a medical marijuana card.

Can You Ship CBD Products Internationally? From Canada? To Canada?

CBD with less than 0.3% THC is considered federally legal, and the state of Hawaii claims to follow suit with federal laws. However, its stance on CBD seems stricter, with regulations bordering on prohibition. Therefore, it is advisable not to travel with CBD to Hawaii. One can learn more about the state’s position by visiting this link: https://health.hawaii.gov/food-drug/cbd-information/.

Can You Travel With CBD Oil?

Since CBD oil is not legal for the general public, it is advisable not to travel with CBD oil and Hawaii.

Is Marijuana Legal In Hawaii?

Hawaii law states that cannabis is illegal for recreational use.

Is Hawaii Recreational?

Recreational use of cannabis is illegal in Hawaii.

Do You Have To Be 18 To Buy Marijuana In Hawaii?

You have to be a part of the medical marijuana program or the caregiver for a qualified patient to buy it in a medical capacity. The minimum age to purchase is 21 years old.

How Old Do You Have To Be To Buy Medical Marijuana?

You have to be a part of the medical marijuana program or the caregiver for a qualified patient to buy it in a medical capacity. For those under 18, a guardian or caregiver must make the purchase.

How Old Do You Have To Be To Use Marijuana In Hawaii?

As long as one is a qualified patient in the medical marijuana program, there is no age restriction.

Can You Buy Edibles Online Legally In Hawaii?

Edible CBD or marijuana products are only legal in Hawaii with a medical marijuana card.

Is Hemp Legal In Hawaii

Hemp is legal in Hawaii with a permit from the Department of Agriculture.

What Are Hawaii’s Hemp Laws?

Act 228, signed in 2016, enabled the creating of a pilot program for the Department of Agriculture to investigate hemp for agricultural and academic research. And as CBD can come from hemp, this program helped to move closer to having a legal CBD situation in Hawaii, but it isn’t quite there just yet.

Can You Buy Hemp Wraps At 18 In Hawaii?

The legal smoking age in Hawaii is 21. Therefore, many smoke shops that carry zero CBD hemp wraps may refuse to sell them to those under 21.

Producing, Growing, Selling Hemp & CBD Oil

Is It Legal To Grow Hemp In Hawaii?

One can apply for the license to grow hemp in Hawaii via the federal government’s agriculture department. The USDA’s Hemp licenses have not gone into effect yet and are expected to go into effect by November 2020.

How Much Is A Hemp Growing License In Hawaii?

The cost of a license to grow hemp in Hawaii is $250 plus a per acre or per square foot fee.

Can You Get Legal CBD Seeds In Hawaii?

CBD seeds are a term that some have given to seeds of marijuana or hemp strains, which are high in CBD.  Depending on the strength of the THC, the seeds may or may not be legal.  However, as medical marijuana users are allowed to grow their marijuana, the seeds are likewise legal and available to those holding the medical marijuana card.

And as of December 2018, the FDA had approved hulled hemp seed, hemp seed protein powder, and hemp seed oil as being legal for use in human food.  It would make low THC containing CBD seed that is hulled legal in the state of Hawaii.

Is It Legal To Grow CBD Plants? What’s The Difference?

CBD plants, as a term, can refer to hemp as well as marijuana. While hemp growing licenses can be applied for in an agricultural capacity, one can only grow marijuana in a medical capacity (with a medical marijuana card). There is an upper limit to the number of plants a patient can grow for personal use.

Do You Need A License To Sell Hemp In Hawaii?

The state’s hemp pilot program is being repealed in favor of switching to the federal agricultural program of a similar nature. While this happens, there is no avenue for handlers and wholesalers to get licensed to sell hemp in the state. Read more here: https://hdoa.hawaii.gov/hemp/

Do You Need A License To Sell CBD Oil In Hawaii?

You need to have a medical marijuana dispensary license to sell CBD oil in Hawaii.

Can You Sell CBD Oil Online?

No, you cannot sell CBD oil online in Hawaii.

Disclaimer:  None of the information in this article should be construed as health or legal advice. We always recommend following the professional opinion of your physician or attorney and researching your own state’s laws for all of your purchases. Information current as of January 2021.

Sources:

https://health.hawaii.gov/medicalcannabisregistry/application-information/

https://hdoa.hawaii.gov/hemp/hemp-faqs/#:~:text=Currently%2C%20the%20only%20legal%20means,state%20law%20enacted%20in%202016.

https://health.hawaii.gov/food-drug/cbd-information/

https://en.wikipedia.org/wiki/Cannabis_in_Hawaii

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