Delta 8 THC is a unique cannabinoid found organically in the hemp plant that has been rapidly expanding in popularity nationwide, as it offers promising applications in both the medical and recreational fields. While Delta 8 THC features familiar chemical properties to the main chemical found in marijuana, Delta 9 THC, it has completely different effects and generally less potency.
But is Delta 8 THC legal in Hawaii?
Related article: What is Delta 8 THC?
Yes, Delta 8 THC is legal in Hawaii
As of 10/29/2020, Delta 8 THC is legal according to Hawaii state law. Like the federal law, Hawaii has legalized all derivatives, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than Delta 9 THC.
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The law follows:
HAWAII HOUSE BILL NO. 2689
(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;
“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;
Cannabis Policy in Hawaii
Back in 2019, the first Senate Judiciary Committee to hear about marijuana legalization in five years voted unanimously to approve a bill for adults over the age of 21 to possess, cultivate and consume marijuana. Sadly, the bill did not make it through a second panel to advance in the legislative process, which resulted in the bill being killed.
In early 2020, a bill was passed to decriminalize small amounts, up to 3 grams, of marijuana, where possession of that or less only results in a fine of $130. With the previous law, you could've seen up to 30 day in jail, a fine up to $1000 and possibly a life-altering criminal record. Though this is only a small step, at least it is an improvement to the policy. We encourage you to reach out to your local and state lawmakers and voice the change you want to see.
Hawaii is looking to have much more lenient hemp laws than the second newest state in the country. Delta 8 THC in Alaska as well as future cannabis laws are looking to have a much brighter future. Maybe the state will following along with Delta 8 THC in Massachusetts and cannabis and make it legal for persons over 21 years of age in the near future.
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