You are packing your swimsuit and getting ready to enjoy the sun and waves in the Aloha State. After researching the weather (sunny, of course), your next question is how you can use CBD products while you visit? Is CBD oil legal in Hawaii? Is recreational cannabis? What if you have a medical cannabis card in another state? We’re here to help you answer all of these questions about Hawaii’s CBD laws.
Is CBD Oil Legal in Hawaii?
The short answer is yes, but also no. The Hawaii CBD laws are some of the most complicated, so we want to help our Hawaiian friends and beach vacationers to be educated consumers. Hawaii follows very closely with the Federal Drug Administration regulations and classifications for CBD. Here is a quick summary of the laws:
- Cannabis and cannabis-derived CBD oil are legal for medical purposes.
- Cannabis and cannabis-derived CBD oil are illegal for recreational purposes.
- Hemp seed oil is legal for both medical and recreational use.
What is the difference between cannabis, hemp, and marijuana?
Before we can go into the details of the Hawaiian laws, it is crucial to understand the difference between cannabis, hemp, and marijuana. Hemp and marijuana are two different classifications of the cannabis plant. Cannabis contains cannabinoids, which are compounds that act on receptors in the brain. The two most common cannabinoids are THC (delta-9-tetrahydrocannabinol) and CBD (cannabidiol). THC has psychoactive properties, leading to federal regulations. CBD oil does not and has many benefits. Hemp and marijuana are not different strains or species of cannabis. Hemp refers to cannabis plants that contain less than 0.3% of THC. Hemp also contains greater than 20% CBD. Marijuana has more than 0.3% THC and more than 10% of CBD. Hemp seed oil or Cannabis Sativa seed oil comes from a specific part of the cannabis plant with 0% of THC and only trace amounts of CBD.
Is medical marijuana legal in Hawaii?
Yes, Hawaii was the seventh state in the country to legalize medical marijuana. Hawaii created The Medical Cannabis Registry in 2000. Patients and their caregivers were allowed to grow marijuana at home, but unable to purchase until the Medical Dispensary Program in 2015, allowing state-regulated farmers to produce and distribute marijuana. To qualify for the Medical Cannabis Program, patients need to have a "debilitating medical condition," which includes, among others, cancer, lupus, and multiple sclerosis but does not include any psychiatric or psychological disorder except for PTSD. An out-of-state applicant can apply for a temporary pass to purchase marijuana if they have a federally-issued medical cannabis card.
Is recreational marijuana legal in Hawaii?
Recreational marijuana is not legal in Hawaii at this time. Starting in January 2020, it will be decriminalized, meaning that if you have three grams or less, the punishment is a fine of no more than $130. Hawaii follows closely along with federal regulations so likely they won't legalize marijuana until it is federally regulated, but that might not be far off. As of November 20, 2019, the House of Representatives approved a bill to remove cannabis from Schedule 1 of the Controlled Substances Act. The new law would allow states to make their laws regarding usage.
Is CBD oil legal in Hawaii?
Hawaii CBD laws become more complicated when you consider CBD oil. The Farm Bill of 2014 set the standard for industrial hemp, decriminalizing cannabis under 0.3% THC and allowing for production. Following that bill, Hawaii launched the Industrialized Hemp Pilot Program, which allowed registered farmers to grow hemp. Hemp’s uses go beyond just CBD oil, including fibers, cloth, rope, fuel, and body care products. The federal law allows states to regulate CBD products. There is no law in place that bans CBD oil explicitly in Hawaii, and there are many retailers in Hawaii that sell CBD hemp oil.
However, in April 2019, Hawaii released a report clarifying the regulations and emphasizing that it is illegal. The Hawaiian government uses the FDA guidelines to determine its policy. Hawaii CBD laws state that because CBD is an active ingredient in FDA approved drugs, it cannot be sold or purchased without a prescription. Their update says that those with a medical marijuana card can buy CBD oil, but others cannot. They are concerned regarding the lack of regulation on CBD products. They claim that it is a prescription drug rather than a dietary supplement. There are still many retailers selling CBD oil. The government has taken an informative approach to enforce this policy, education retailers about the regulations, rather than shutting them down or fining them, making CBD products still readily available for purchase through retailers or online.
Is hemp seed oil legal in Hawaii?
Finally, we get to a clear YES when trying to understand Hawaii CBD laws. Hemp seed oil is legal in Hawaii. Because the FDA approved hemp seed as “generally recognized as safe” in December 2018, products made from hulled hemp seed, hemp seed protein powder, and hemp seed oil are 100% legal. These products have 0% THC and minimal amounts of CBD.
Hemp seed oil is full of nutritional benefits. It is rich in Omega-6 and Omega-3 fatty acids and contains the amino acid arginine, which is hugely beneficial to heart disease and brain health. It has a high concentration of protein, making it a positive addition to your diet. It is also great for your skin, moisturizing and revitalizing, especially for those with skin disorders like eczema.
At Have a Nice Day, we love hemp and have many great products made from both hemp seed oil and full-spectrum hemp. Hemplucid Tincture Hempseed Oil is one of our favorites. It is nutrient-rich, including potassium, magnesium, iron, zinc, and calcium. Sun State Hemp Tincture Hemp Seed Oil is another excellent product packed with Omega-6 and Omega-3 fatty acids. Just CBD Daily Dose Hemp Seed Oil comes in a convenient dropper to get all of the benefits.
Whether you are traveling or a lucky permanent resident, hopefully, you now feel more confident about Hawaii’s CBD laws. The laws continue to change and vary between states, so it is vital to stay informed and up to date.