From convenience stores to bakeries to gas stations, delta 8 THC products are everywhere in Hawaii. But, are they legal?
Here’s more on the legality of delta 8 THC in Hawaii and where to buy this cannabinoid.
Last Update: August 24, 2023
- Delta 8 THC made through isomerization (chemical conversion from CBD) is illegal in Hawaii. Cannabinoids created similarly, including delta 10 THC, are also prohibited in this state.
- In Hawaii, the sale of inhalable and edible cannabinoid products is also prohibited.
- The state legalized hemp under HB 2689, removing hemp from the definition of marijuana.
- You can find a range of delta 8 THC products sold across Hawaiian shops, but that doesn’t mean the substance is legal in this state. Instead, you can shop online for legal and tested hemp-derived products from Mr. Hemp Flower.
Is Delta 8 THC Legal in Hawaii?
No, hemp-derived delta 8 THC derived through chemical synthesis is illegal in Hawaii.
Hawaii’s updated Interim Rules, effective February 2022, prohibit the sale of “cannabinoids created through isomerization, including delta-8-tetrahydrocannabinol and delta-10-tetrahydrocannabinol.”
Substances created through isomerization cannot be added as an ingredient in products sold in Hawaii, as per the Food and Drug Branch. This means that chemically isomerized delta 8 THC is illegal to possess, use, sell, distribute, manufacture, and market in this state.
Inhalable and edible delta 8 THC products are banned under state law. Naturally hemp-derived delta 8 THC (extracted directly from the plant) is legal in Hawaii.
Under HB 2689, Hawaii amended the definition of marijuana and excluded the hemp plant from the controlled substances list. The law separates hemp-derived tetrahydrocannabinols from THC found in marijuana.
Where to Buy Delta 8 THC in Hawaii?
While you can find a range of delta 8 THC products sold across Hawaiian shops and dispensaries, delta 8 THC that’s made through chemical synthesis remains illegal in this state.
It’s important to choose a reliable, licensed store that tests its products. Avoid buying cheap products whose origin, and most importantly, delta 9 THC levels, can’t be traced back to the source.
We use hemp grown by licensed cultivators, offer the best prices, and ship in discreet packaging directly to your home. Since 2016, we’ve been providing healthy, safe cannabinoid products that are legal under the 2018 Farm Bill, and have been “field tested” by thousands of customers.
What is Delta 8 THC?
Delta 8 THC is a minor cannabinoid found in small amounts in the hemp plant, which is why most manufacturers often convert it from other compounds like hemp-derived CBD. Chemically, delta 8 is similar to delta 9 in that both compounds have a double bond in their structures.
Researchers attribute the ability of these molecules to produce intoxication to their double bonds. The placement of the double bond makes these two compounds chemically different. D8’s double bond is on the eight carbon, while D9’s is on the ninth.
Such a tiny difference makes D8 around 50 percent less intoxicating than D9. Typically, delta 8 causes a more mellow, clear-headed high that uplifts mood and makes the user more energized.
Delta 8 THC and Federal Law
Federally, the legality of D8 is sticky. Under the 2018 Farm Bill, Delta-8 that naturally occurs in the hemp plant is 100% legal in the United States. The bill removed all hemp derivatives from the Schedule I list of restricted substances. It legalized all hemp tetrahydrocannabinols, except for Delta-9. Meaning, D8 wasn’t mentioned anywhere.
So, what makes the legality of D8 so confusing?
It’s the possibility of it being claimed as a controlled substance by the DEA because of how it’s made. A 2020 report by the DEA intended to clarify the legal status of tetrahydrocannabinols like D8, but it left much space for debate and confusion.
The report stated that all “synthetically derived tetrahydrocannabinols remain Schedule I controlled substances.” It also clarified that the concentration of Delta-9 is not a determining factor in whether a compound is a controlled substance. The issue with this report is that it doesn’t clearly define the term “synthetically derived,” and it can be interpreted widely.
As you know, chemists are using highly refined hemp CBD isolate to convert it into Delta-8. In a way, this process excludes D8 available on the market from its naturally-derived status.
But, while D8 made this way may not be “natural,” is it really synthetic? Many people argue that converting naturally occurring hemp CBD into D8 is not the same as making REAL “synthetically derived THC,” like Spice and K2.
This is the loophole that makes D8 both legal and potentially illegal because it could give the DEA space to consider it a “synthetically derived” tetrahydrocannabinol.
Hawaii prohibits the sale and use of delta 8 THC that’s been chemically synthesized. The Aloha State has stricter CBD laws, but Hawaiians can buy a wide range of hemp-derived products online safely.
Be Sure to Check Out:
Is Delta-8 still legal to buy in Hawaii?
D8 is not legal to buy in Hawaii, as the state banned the substance under its Interim Rules in 2022.
Where to buy Delta-8 THC in Hawaii?
It’s best to avoid buying delta 8 THC in Hawaii. Instead stick to legal CBD products. The best places are online CBD shops like Mr. Hemp Flower that offer legal, quality hemp products and ship fast in discreet packaging.
Can I order Delta-8 online legally?
If you live in Hawaii, it’s best to avoid ordering delta 8 THC products because the state prohibited the substance under its Interim Rules.
Is Delta-8 THC legal in all 50 states?
No, 14 states banned this hemp derivative, including Alaska, Arizona, Arkansas, Colorado, Delaware, Idaho, Iowa, Mississippi, Montana, Kentucky, Rhode Island, Utah, Vermont, and Washington.
Is Delta-8 THC safe?
Delta-8 is safe, but make sure the products you’re buying are also safe.
Read our legal disclaimer HERE. While we try to stay as up-to-date as possible on all state laws, you should do your own due diligence and work with a legal professional to ensure you are operating legally in your state or territory at all times.