Is THCA legal in Hawaii? Hawaii hemp, CBD, kava and kratom laws

The law in Hawaii

Hawaii regulates hemp products through chapter 328G of its statutes, created by a 2020 law, and the Department of Health's interim rules in chapter 11-37 of the Hawaii Administrative Rules. The statute defines hemp by delta-9 THC, no more than 0.3 percent on a dry weight basis measured after decarboxylation. The rules go further: every crude extract and manufactured hemp product must hold no more than 0.3 percent total THC, which the rules define as delta-9 THC plus THCA times 0.877 plus delta-8 THC.

Hawaii is one of the few states that lists what may be sold rather than what may not. HAR 11-37-4 limits manufactured hemp products to topicals for skin or hair and eight edible types: tablets, capsules, powders in single-serving packets, softgels, gelcaps, oil-based tinctures, gummies and beverages. Chapter 328G is set to be repealed on July 1, 2027, under Act 263 of 2023, and the interim rules expire the same day or when permanent rules are adopted.

1. August 9, 2021The Department of Health's hemp product rules, HAR chapter 11-37, take effect.
2. December 6, 2024Amended rules list the allowed edible types and set THC caps of 1 mg a serving and 5 mg a package.
3. July 2, 2025Act 269 (H.B. 1482) is approved, creating a registry of hemp retailers and distributors and the age 21 rule for tinctures.
4. January 1, 2026Retailers, distributors and online sellers of manufactured hemp products must hold a certificate of registration.
5. July 1, 2026The Department of Health begins enforcing the registration requirement.
6. December 11, 2026The federal limit of 0.4 mg total THC per container begins.

THCA, flower and vapes

HAR 11-37-3 bars selling hemp leaf or floral material, including hemp cigars and cigarettes, or viable seeds, except to a hemp producer licensed by USDA or a permitted hemp processor. A product containing leaf or floral material is barred too. The Department of Health's consumer guidance says hemp flower and pre-rolls are prohibited regardless of the THC or THCA percentage on the label.

Anything made to be aerosolized and inhaled, such as a vape pen, is barred by HRS 328G-3, whatever cannabinoid it holds, CBD included. So are products meant for the eyes, ears or nose; only external topicals and products taken by mouth are allowed.

1. CBD Softgels Extra StrengthNeurogan$0.013/mg
2. CBD Isolate Gummies, 150mg, LemonLazarus Naturals$0.013/mg
3. Multicannabinoid OilNuLeaf Naturals$0.028/mg
4. CBD Oils 2000 mg: UnflavoredIrwin Naturals$0.034/mg
5. CBD Gummies with Melatonin for SleepCBDfx$0.037/mg
6. Lemonade Full Spectrum CBD Tincture, 1,500 mgMedRoots$0.040/mg

Delta-8 and THC limits

Hemp products with added artificially derived or synthetic cannabinoids may not be sold, and HAR 11-37-4 lists both as barred ingredients. The department's consumer guidance names delta-8 and delta-10 THC, THCO, HHC and CBN made from other cannabinoids as barred, while cannabinoids that occur naturally in the plant may be extracted.

Under HAR 11-37-5, a tablet, capsule, softgel, gelcap, gummy or powder packet may hold no more than 1 mg of total THC, and a multi-serving package no more than 5 mg. A tincture may hold up to 3 mg a serving in a bottle of one ounce or less, with no added sweeteners or non-hemp flavors. A beverage must be 6 to 12 fluid ounces with no more than 0.5 mg of total THC a container. Gummies may not be shaped like a person, animal or fruit, and the word "candy" may not appear on the package.

Age, registration and penalties

Act 269 of 2025 created a registry of manufactured hemp product retailers and distributors. Since January 1, 2026, a retailer, distributor or online seller, including one outside Hawaii, may not sell manufactured hemp products without a certificate of registration from the Department of Health's Office of Medical Cannabis Control and Regulation: a $50 fee, valid for five years. Topicals and tinctures are exempt from registration. The department began enforcing the requirement on July 1, 2026.

Recklessly selling hemp products without the required registration is unlawful hemp distribution or retailing, a misdemeanor, and a class C felony if repeated within five years of a conviction. HRS 328G-13 makes it unlawful to sell or furnish a hemp tincture to anyone under 21, with fines of $500 for a first offense. Neither the statute nor the rules set a minimum age for other hemp products.

CBD in food

HAR 11-37-3 bars selling any food with a cannabinoid or hemp added, except the edible types the rules allow. Hemp ingredients the FDA has accepted as generally recognized as safe, such as hemp seed foods, are exempt. Edible hemp products may use only additives allowed in food, must be child resistant in multi-serving packages, and carry a label showing how much of the hemp was grown in Hawaii.

Kratom, kava, amanita and spores

Hawaii's Schedule I, HRS 329-14, does not list kratom, mitragynine or 7-hydroxymitragynine. The 2025 kratom consumer protection bills, SB 463 and HB 717, did not become law, and a state bulletin of July 2026 said no kratom bill had passed. The Department of Health warned the public about 7-OH products on May 11, 2026. We found no Hawaii statute or rule that settles the sale of kratom.

Kava may not be an ingredient in a manufactured hemp product under HAR 11-37-4, which bars any psychoactive substance not derived from cannabis. We found no Hawaii statute regulating kava by itself, amanita muscaria or its compounds, or mushroom spores. Psilocybin and psilocyn are Schedule I.

The federal change on December 11

From December 11, 2026, the federal definition counts total THC including THCA and limits a finished hemp-derived cannabinoid product to 0.4 mg per container. Read the federal page and What's changing on December 11.