Is Delta 8 THC Legal in Hawaii?

To expand on the legality of Delta 8 THC in Hawaii, including sources and the relevant laws or bills, let's delve into the specifics:

Federal Law: The 2018 Farm Bill

• Key Legislation: The Agriculture Improvement Act of 2018, commonly known as the 2018 Farm Bill.
• Provisions: This federal legislation removed hemp (defined as cannabis with less than 0.3% Delta 9 THC on a dry weight basis) from the Controlled Substances Act. It essentially legalized hemp and hemp-derived compounds, including Delta 8 THC, provided they contain less than 0.3% Delta 9 THC.
• Impact: This law allows the legal production, sale, and possession of hemp-derived Delta 8 THC products nationwide, under the condition that they meet the specified THC content threshold.

HAWAII HOUSE BILL NO. 2689

SECTION 1.

(9) Amending definitions of “marijuana” in state law to clarify that hemp grown by a licensee is not marijuana and amending references to tetrahydrocannabinols in the state law to exclude tetrahydrocannabinols in hemp;

§141-A Definitions.

“Industrial hemp” means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 per cent on a dry weight basis.

SECTION 14. Section 329-1, Hawaii Revised Statutes, is amended as follows

1. By adding a new definition to be appropriately inserted and to read:

       “Hemp” means all parts of the plant Cannabis sativa L., whether growing or not, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 per cent on a dry weight basis, as measured post-decarboxylation or by other similarly reliable methods.

2. By amending the definition of “marijuana” to read:

       “Marijuana” means all parts of the plant (genus) Cannabis whether growing or not; the seeds thereof, the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. [It]

“Marijuana” does not include [the]:

       (4) A product containing or derived from hemp, including any product containing one or more hemp-derived cannabinoids such as cannabidiol, that:

       (A) Does not include any living hemp plants, viable seeds, leaf materials, or floral materials; and

       (B) Has a delta-9 tetrahydrocannabinol concentration of not more than 0.3 per cent on a dry weight basis, as measured post-decarboxylation or by other similarly reliable methods.

SECTION 15. Section 329-14, Hawaii Revised Statutes, is amended by amending subsection (g) to read as follows:

       (g) Any of the following cannabinoids, their salts, isomers, and salts of isomers, unless specifically excepted, whenever the existence of these salts, isomers, and salts of isomers is possible within the specific chemical designation:

       (1) Tetrahydrocannabinols; meaning tetrahydrocannabinols naturally contained in a plant of the genus Cannabis (cannabis plant), as well as synthetic equivalents of the substances contained in the plant, or in the resinous extractives of Cannabis, sp. or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity to those substances contained in the plant, such as the following: Delta 1 cis or trans tetrahydrocannabinol, and their optical isomers; Delta 6 cis or trans tetrahydrocannabinol, and their optical isomers; and Delta 3,4 cis or trans-tetrahydrocannabinol, and its optical isomers (since nomenclature of these substances is not internationally standardized, compounds of these structures, regardless of numerical designation of atomic positions, are covered); provided that tetrahydrocannabinols under this subsection shall exclude tetrahydrocannabinols in hemp;

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Conclusion

In Hawaii, as long as Delta 8 THC products are derived from hemp and contain less than 0.3% Delta 9 THC, they are legal under both federal and state law. This legal status allows for the sale and possession of Delta 8 THC without specific restrictions on the types of products, their strength, or the amounts possessed, provided they adhere to the federal stipulation regarding Delta 9 THC content. For the most current and detailed legal guidance, consulting Hawaii's state laws and any recent legislative updates is recommended.