Is Delta-10 THC Legal in Hawaii?

May 22, 2026

Is delta-10 legal in Hawaii? No. HAR 11-37 lists delta-10 on the prohibited synthetic cannabinoid list. Federal H.R. 5371 aligns Nov 12, 2026.

Hawaii

Cannabis & Hemp Overview

Last reviewed: May 21, 2026

No. Delta-10 THC is on Hawaii's enumerated list of prohibited synthetic cannabinoids under HAR Section 11-37-3, alongside CBD-isomerized delta-8, THC-O, HHC, HHC-O, THC-P, THC-H, and THCjd. Delta-10 in commercial supply is produced almost exclusively through chemical conversion from hemp-derived CBD, which is the exact production method Hawaii's rules target. HRS Section 328G-3 also bans inhalable hemp products, which independently removes delta-10 vapes and disposables from the lawful retail mix.

Hawaii

Cannabis & Hemp Key Facts

Cannabis compliance ai
Legal Status:
Delta-10 THC

Illegal

Cannabis compliance ai
Applicable 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

Cannabis compliance ai
Product Potency 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.

Cannabis compliance ai
License Required?

Yes

Hawaii Cannabis and Hemp Overview

Hawaii has a medical cannabis patient registry under HRS Chapter 329 and a licensed medical cannabis dispensary system under HRS Chapter 329D. The state has not legalized adult-use cannabis. Manufactured hemp products are regulated by the Department of Health under HRS Chapter 328G and HAR Chapter 11-37. Act 263 (HB 1359, 2023) reorganized hemp production rules and became law without Governor Green's signature on July 11, 2023. The DOH interim rules at HAR 11-37 were first effective August 8, 2023 and amended December 6, 2024.

Delta-10 THC is an isomer of delta-9 THC produced almost exclusively through chemical conversion from hemp-derived CBD. That synthetic-conversion production method is what Hawaii's rules target. For comparison with how the state treats the closely related delta-8 market, see our Hawaii delta-8 page.

What Hawaii Law Actually Says About Delta-10 THC

HRS Section 328G-3 prohibits the sale, distribution, or holding for sale of any hemp product into which a synthetic cannabinoid has been added. HAR Section 11-37-3 names delta-10 THC explicitly on its enumerated list of prohibited cannabinoids created through isomerization or chemical synthesis. The same list captures CBD-isomerized delta-8, THC-O and THC-O-acetate, HHC and HHC-O, THC-P, THC-H, THCjd, and CBN created from any naturally occurring cannabinoid extracted from hemp biomass. Cannabinoids produced using non-hemp substances such as yeast or algae are also prohibited.

HRS Section 328G-3 separately prohibits cannabinoid products designed to be aerosolized for respiratory delivery. That cuts off delta-10 vape cartridges, disposables, and inhalers regardless of cannabinoid origin.

How Enforcement Has Played Out

The Department of Health enforces HAR 11-37 through the Office of Medical Cannabis Control and Regulation. HRS Section 328G-3 authorizes penalties up to 10,000 dollars per offense plus product removal. Act 269 (2025) added a retailer and distributor registration requirement administered by OMCCR. The registration window opened January 1, 2026 with a 50 dollar fee covering five years, and active enforcement began no earlier than February 1, 2026. Online sellers shipping into Hawaii fall within scope.

What This Means for Retailers Selling Delta-10 in Hawaii

  • Do not stock any delta-10 SKUs. HAR Section 11-37-3 lists delta-10 by name on the prohibited synthetic cannabinoid list.
  • Do not stock delta-10 vape cartridges, disposables, or inhalers. HRS Section 328G-3 independently bans aerosolized hemp products.
  • Register with OMCCR if you sell any manufactured hemp product into Hawaii, including from out of state through online channels.
  • Audit blended SKUs. Products marketed primarily on another cannabinoid that also contain delta-10 as a minor ingredient still fall within the prohibition.
  • Plan for the federal H.R. 5371 Section 781 hemp redefinition taking effect November 12, 2026. The federal synthetic-cannabinoid exclusion mirrors the Hawaii rule and removes any remaining federal Farm Bill cover for delta-10.

What This Means for Consumers Buying Delta-10 in Hawaii

You cannot lawfully buy delta-10 at Hawaii hemp retail. Delta-10 produces effects similar to delta-9 THC and delta-10 metabolites overlap with delta-9 metabolites on most standard urine drug screens. Specialty panels that distinguish the two are uncommon. Out-of-state online shipments are within OMCCR scope under Act 269 and subject to enforcement.

Pending Federal Change

The biggest near-term shift is federal. H.R. 5371 Section 781, signed November 12, 2025, explicitly excludes synthetic and chemically converted cannabinoids from the federal hemp definition. Delta-10 sits squarely inside that excluded category because it is produced through hydrogenation or isomerization of hemp-derived CBD. The provision takes effect November 12, 2026. Hawaii already restricts delta-10 under HAR 11-37, so the federal change mainly removes any remaining argument for the product at hemp retail nationwide. For background see our 2018 Farm Bill revision explainer.

Frequently Asked Questions

Is delta-10 THC legal in Hawaii in 2026?
No. HAR Section 11-37-3 lists delta-10 by name on the prohibited synthetic cannabinoid list, and HRS Section 328G-3 separately bans inhalable hemp products.

What is delta-10 THC and how is it different from delta-9 THC?
Delta-10 is an isomer of delta-9 THC produced through chemical conversion from hemp-derived CBD. The molecular geometry differs at the position of the double bond, which affects pharmacology and shelf stability.

Does delta-10 show up on a drug test?
Delta-10 metabolites overlap with delta-9 metabolites on most standard urine, saliva, and hair screens. Specialty panels that distinguish them are uncommon.

Can I order delta-10 online to Hawaii?
Out-of-state online sellers must register with OMCCR under Act 269, and shipments of prohibited products are subject to seizure.

How does delta-10 compare to delta-8 in Hawaii?
Both are named on the HAR 11-37 prohibited list. See our Hawaii delta-8 page for the parallel framework.

What changes November 12, 2026?
H.R. 5371 Section 781 takes effect, federally excluding synthetic and chemically converted cannabinoids from the hemp definition. Delta-10 loses federal Farm Bill protection on that date.


This page is provided for informational purposes by ComplyAssistAI LLC and is not legal advice. Hemp and cannabis law in Hawaii changes frequently. For business compliance questions, consult a Hawaii-licensed cannabis attorney. Find one in our Cannabis Lawyer Directory.

Related Blogs/ News: