Hawaii

Hawaii operates the strictest per-container hemp beverage cap in the United States — 0.5mg total THC per 6-12 fl oz container — placing it closer to the incoming federal Section 781 standard than any other state’s beverage framework. The regulatory architecture is layered. HRS Chapter 328G established the initial hemp processor framework. Act 263 (HB 1359, 2023) created the manufactured hemp product framework and set the boundaries between allowed and prohibited product categories. HAR Chapter 11-37 interim rules, amended December 6, 2024, hold the substantive potency caps: gummies, tablets, capsules, powders, softgels, and gelcaps at 1mg total THC per serving and 5mg per container (max 1 oz net weight); oil-based tinctures at 2.5mg per serving and 75mg per container (max 2 fl oz); and beverages at 0.5mg per container in 6-12 fl oz format. Total THC by weight cannot exceed 0.3% across all formats. HRS § 328G-3 prohibits any hemp product intended to be introduced into the body by inhalation — vape liquids, flower, cigarettes, prerolls, dabs — regardless of cannabinoid content. Foods and beverages other than the specific approved formats are prohibited because DOH does not recognize cannabinoids as GRAS food additives. Critically, HAR 11-37 prohibits synthetic and artificially derived cannabinoids: delta-8 THC, delta-10 THC, THC-O, THC-P, THC-H, THCjd, HHC, HHCO, and CBN when created from any naturally occurring cannabinoid via chemical conversion. Only cannabinoids naturally occurring in the hemp plant may be extracted and used, and only in the specific approved product formats. Act 269 (HB 1482, 2025), signed by Gov. Josh Green on July 2, 2025, added the biggest structural change: a Certificate of Registration requirement administered by the DOH Office of Medical Cannabis Control and Regulation (OMCCR), effective January 1, 2026. All retailers, distributors, and online sellers of manufactured hemp products must register (with exceptions for retailers selling only tinctures, topicals, GRAS hemp seed products, or industrial hemp). Notably, out-of-state online sellers shipping into Hawaii must also register. The public OMCCR database lets consumers verify compliance. DOH gained authority to seize non-compliant products and impose fines up to $10,000 per retailer. Rep. Scot Matayoshi framed the goal as closing the loophole where mislabeled cannabis was being sold as hemp at retail. Enforcement of the registry began January 1, 2026. Medical cannabis operates through the separate HRS Chapter 329D program (2015 dispensary law) requiring a 329 Card; visitors can obtain a 60-day temporary card. Adult-use cannabis has not been legalized: SB 3275 (2026) proposed a limited-potency adult-use framework with 2-5mg per serving edibles and passed the Senate but House leadership signaled opposition, and the bill did not advance. SB 2102 (2026) is a supportive bill allowing hemp ingredients in pet, specialty, and horse feed effective July 1, 2026. For the federal cliff on November 12, 2026, Hawaii is among the least-disrupted markets in the country. The 0.5mg beverage cap is only 1.25x the federal 0.4mg ceiling. The prohibition on synthetic cannabinoids mirrors Section 781’s exclusion of synthesized cannabinoids. Act 269’s DTC registration requirement is more advanced than any other state’s framework — hemp beverage operators shipping into Hawaii are already accustomed to a Section 781-equivalent compliance posture.