Hemp-derived supplements are still allowed in specific forms, the production and retail sale of which are now highly regulated.
Although delta-8 THC products are not addressed specifically in the new chapter of the code, they also appear to be off the table in most cases because they’re a hemp-derived product.
CBD drinks, vapes, gummies and edibles are out
Here’s what you can’t have in Hawaii, under the new rules:
Gummies with CBD or other hemp derivatives added
Hemp cigarettes, leaf or flower meant for smoking
Drinks with CBD or other hemp derivatives added
Food with hemp derivatives added
Eyedrops, nasal spray, or ear drops containing hemp derivatives
CBD is allowed in some forms
Hemp-derived supplements with naturally occurring cannabinoids like CBD are allowed in the following forms:
tablet, capsule or softgel
liquid form (hemp oil or extract)
products for skin or hair.
Why’d they do it?
Hawaii’s department of health said the new rules are meant to balance business needs of farmers with safety of those consuming the products.
“These rules are the next step toward regulating the growing hemp industry in Hawaii,” health department administrators wrote, “in a way that provides local hemp farmers a legal pathway to bring consumable hemp products to market while protecting consumers by requiring lab testing for contaminants and labeled cannabinoid content.”
“These rules are the next step toward regulating the growing hemp industry in Hawaii in a way that provides local hemp farmers a legal pathway to bring consumable hemp products to market while protecting consumers …”
— State of Hawaii Department of Health
Rules include strict standards for processing, testing and labeling
Under the new rules, hemp farmers must be licensed through the USDA and registered with the State of Hawaii.
In addition, they must adhere to processing practices and meet rules for facility standards, quality control, record keeping, a recall plan, product testing and labeling.
To that end, all hemp must be tested by a qualified lab before it can be sold, with test results readily accessible to potential buyers via QR code or website printed on label or packaging.
Retailers selling noncompliant products will be subject to penalties up to $10,000.
Does the U.S. need better CBD and hemp regulation?
Although the new rules likely go too far in the eyes of cannabis enthusiasts, Hawaii’s health department is not the only one to cite the need for greater regulation of hemp-derived products.
In July, an association of influential U.S. brands, the Consumer Brands Association wrote a letter to the Food and Drug Administration saying the FDA’s current stance on CBD products isn’t working. A regulatory framework is needed now, the association wrote “to protect consumers, ensure product safety and transparency, establish guardrails for legal product innovation and distribution in interstate commerce, and provide the clarity needed for manufacturers of these products.
According to Hemp Today, the Consumer Brands Association wants CBD rules so that its members, which include brands like Coca-Cola and PepsiCo, could potentially get in on the market. Big investments are currently being held back because regulations vary from state to state and can change quickly, making the market unpredictable.