US State

Cannabis and hemp laws

Hawaii

Constitutional adult-use amendment pursuing Nov 2026 ballot

Adult use
Decriminalized
Medical
Legal
Last reviewed
May 27, 2026

Hawaii

Cannabinoid status board

All states and compounds

Delta-10 THC

Illegal

Limits

Delta-10 THC prohibited as a synthetic cannabinoid under HAR Section 11-37-3. Only naturally occurring cannabinoids extracted from hemp biomass are allowed in manufactured hemp products.

Key law

HRS Chapter 328G (Section 328G-3); HAR Chapter 11-37 (amended Dec 6, 2024); Act 263 (HB 1359, 2023); Act 269 (2025) retailer registration

Effective

December 6, 2024

Full rules

Delta-8 THC

Illegal

Limits

Synthetic-conversion delta-8 prohibited under HAR Section 11-37-3. Only naturally occurring cannabinoids extracted from hemp biomass are allowed. Edible THC caps apply: 1 mg per serving, 5 mg per container.

Key law

HRS Chapter 328G (Section 328G-3); HAR Chapter 11-37 (amended Dec 6, 2024); Act 263 (HB 1359, 2023); Act 269 (2025) retailer registration

Effective

December 6, 2024

Full rules

Delta-9 THC

Restricted

Limits

Edibles (gummies, tablets, capsules, powders, softgels, gelcaps): 1 mg total THC per serving, 5 mg per container. Oil-based tinctures: 3 mg per serving, 85 mg per container (1 fl. oz. max, 21+ only). Beverages: 0.5 mg per container (6 to 12 fl. oz.). Inhalable hemp products prohibited.

Key law

HRS Chapter 328G (Section 328G-3); HAR Chapter 11-37 interim rules (effective Jan 28, 2026); Act 263 (HB 1359, 2023); Act 269 (2025) retailer registration

Effective

January 28, 2026

Full rules

HHC

Illegal

Limits

HHC and HHC-O prohibited as synthetic cannabinoids under HAR Section 11-37-3. Only naturally occurring cannabinoids extracted from hemp biomass are allowed in manufactured hemp products.

Key law

HRS Chapter 328G (Section 328G-3); HAR Chapter 11-37 (amended Dec 6, 2024); Act 263 (HB 1359, 2023); Act 269 (2025) retailer registration

Effective

December 6, 2024

Full rules

THCA

Restricted

Limits

Edibles (gummies, tablets, capsules, powders, softgels): 1 mg total THC per serving, 5 mg per container. Oil-based tinctures: 2.5 mg per serving, 75 mg per container (2 fl. oz. max). Beverages: 0.5 mg per container (6 to 12 fl. oz.). Inhalable hemp products prohibited.

Key law

Act 263 (HB 1359, 2023); HRS Chapter 328G; HAR Chapter 11-37 (amended Dec 6, 2024); Act 269 (2025) retailer registration

Effective

December 6, 2024

Full rules

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Hawaii

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Hawaii 2025: DOH Interim Hemp Rules, 1 mg THC Servings, and a Registration Path for Retail Sales

Hawaii's Department of Health interim rules cap edible hemp at 1 mg THC per serving and 5 mg per package, with mandatory testing and child-resistant packaging.

Hawaii 2025: DOH Interim Hemp Rules, 1 mg THC Servings, and a Registration Path for Retail Sales

Hawaii's Department of Health interim rules cap edible hemp at 1 mg THC per serving and 5 mg per package, with mandatory testing and child-resistant packaging.

FAQ

Common questions

Is marijuana legal in Hawaii?

Recreational marijuana is decriminalized in Hawaii. Medical marijuana is legal.

Is THCA legal in Hawaii?

Restricted. THCA flower and high-potency concentrates cannot lawfully be sold at Hawaii hemp retail.

Is delta-8 THC legal in Hawaii?

No. Hawaii prohibits synthetic and chemically converted cannabinoids at hemp retail. HAR Chapter 11-37 names delta-8 THC produced by converting CBD on the list of banned synthetic cannabinoids, alongside delta-10, THC-O, HHC, and HHC-O.

Is hemp-derived delta-9 THC legal in Hawaii?

Restricted. Hemp-derived delta-9 edibles and tinctures can be sold at Hawaii retail, but only inside narrow per-serving and per-container caps set by the Department of Health interim rules at HAR Chapter 11-37, effective January 28, 2026.

This is general information, not legal advice.

Seed Legality

Medical patients may grow 10 plants but HI provides no legal seed source; adult-use bills failed again in 2026.
Hemp seeds
Restricted
Marijuana seeds
Restricted
Sale
Illegal
Transacting
Restricted
Gifting
Illegal

Registered patients and caregivers may cultivate up to 10 plants under HRS § 329-122, which shields possession of seeds incident to that grow, but neither HRS ch. 329 nor the 329D dispensary law authorizes any in-state sale or transfer of seeds — the Department of Health's own guidance identifies no lawful acquisition source, a long-standing statutory gap. For everyone else marijuana (including viable seed) remains illegal, with possession of up to 3 grams merely decriminalized; broader legalization stalled in the 2026 session after the House declared it dead. Hemp cultivation requires a USDA producer license because Act 14 (2020) ended the state licensing program, and transport of viable hemp seed must be reported.

Key law:
HRS §§ 329-121 to 329-128; HRS ch. 329D; Act 14 (2020) / 7 CFR part 990
Last reviewed:
July 3, 2026
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This section is provided for informational purposes only and is not legal advice. Seed laws change frequently — verify current law with qualified counsel before making decisions.
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