Is Delta-8 THC Legal in Hawaii?

May 22, 2026

Is delta-8 legal in Hawaii? No. HAR 11-37 bans synthetic-conversion delta-8 alongside delta-10, HHC, THC-O. Federal H.R. 5371 aligns Nov 12, 2026.

Hawaii

Cannabis & Hemp Overview

Last reviewed: May 21, 2026

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. The only delta-8 that can lawfully appear in a manufactured hemp product in Hawaii is delta-8 naturally present in the hemp plant and extracted without isomerization, which is a vanishingly small fraction of the commercial market. HRS Section 328G-3 also independently prohibits inhalable hemp products, which removes most delta-8 vapes and cartridges regardless of cannabinoid origin.

Hawaii

Cannabis & Hemp Key Facts

Cannabis compliance ai
Legal Status:
Delta-8 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

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.

Cannabis compliance ai
License Required?

Yes

Related Regulatory Blogs/ News: