CBD Oil in Hawaii: Current Laws Made Simple

Disclaimer: All of the information in this guide is based on our own research into the topic. We have done our best to use accurate and up-to-date information from respected and credible resources. However, we cannot claim to be a legal authority, and none of the following information should be taken as legal advice.

A Guide to CBD in Hawaii 

  • The Hawaii House of Representatives passed a bill supporting commercial hemp production in February 2020.
  • CBD consumer-protection bills are currently moving through the Senate and the House.
  • CBD laws are still muddled for Hawaiians.
  • There are retail shops selling unregulated CBD products in Hawaii.
  • All products that qualify as hemp derivatives must contain 0.3 percent THC or less, according to federal guidelines.

Is CBD Oil Legal in Hawaii?

The Hawaiian Islands are famous for their chill, relaxed atmosphere. Sunshine, crashing waves and the salty ocean breeze are a way of life. It’s no wonder that CBD is such a hot item at retailers and specialty stores all over the islands. 

Residents and visitors to Hawaii are buying products online and off the shelves in the Aloha State, and the variety of products available is comparable to that on the mainland. But there is a cloud of confusion surrounding the legality of CBD in Hawaii and legislators are still figuring out exactly how to regulate it.

The ambiguity starts with the enactment of the 2018 Farm Bill, which made the farming and processing of industrial hemp legal. It clarified that industrial hemp is separate from marijuana because it contains 0.3 percent or less of the intoxicant THC, and the bill thus took CBD off the federal list of controlled substances.

Regulation responsibilities transferred to the Food and Drug Administration, which has been struggling to decide how to regulate CBD because its popularity exploded before any sort of guidelines could be put in place. For the time being, their stance is that CBD is not approved as a supplement, food additive or therapeutic substance.

Are There CBD Laws in Hawaii? 

Despite the booming CBD market in Hawaii, the state’s CBD laws remain some of the most restrictive in the country. Technically, consumers must have a medical marijuana registration card and shop at an approved dispensary in order to obtain CBD. Regardless, CBD stores have opened up all over the island, and you can even find products in gas stations.

Legislators have responded to the situation by making efforts to establish regulations that put consumer protections in place rather than penalizing, but the state government has been slow to act. In January 2020, lawmakers introduced two bills to the House aimed at establishing guidance.

The bill setting regulations on the processing and sale of CBD has been deferred. The bill establishing a commercial hemp-growing program passed, but there are no solid plans for implementation as of yet.

CBD in Hawaii: Understanding the Different Types of Products


CBD oil is one of the earliest forms of CBD on the market, and it is still one of the most popular. The original formulas used to taste bitter and medicinal. Companies like Penguin CBD have refined their process, however, and they are putting out CBD oils with delicious flavors you’ll look forward to taking.  

Simply squeeze the drops under your tongue and hold them there for a minute or two, or put them into your morning coffee. The natural-flavored drops are great to add to your recipes, and you can’t go wrong with the variety of dosing options available on our website.

CBD Capsules

Sometimes you need a boost in the middle of the day, and CBD capsules are incredibly convenient to carry with you wherever you go. Gelcaps are easy to take, and they provide a controlled, premeasured dose that simplifies your morning.

Penguin’s CBD capsules contain 10mg of pure CBD, suspended in MCT oil to ensure optimal absorption. They are one of the quickest ways to get your CBD for an on-the-go lifestyle.

CBD Gummies

Picture this: There’s still an hour to go before lunch, your day has already been full of office fires that you successfully managed and you’re starting to get hunger pangs. Wait too long and you’re going to be downright hangry.

No need to get stressed out! Simply munch on a CBD gummy or two (or a handful). Their sweet-and-sour kick is a great way to boost your energy during that midmorning slump and wake up your taste buds. Penguin’s CBD gummies are popular for their great taste and texture—and the 10mg of CBD isolate each one contains.

CBD Cream

CBD cream is perfect for whenever you want to treat yourself to some at-home luxury. Penguin’s CBD cream provides the added pampering effects of relaxing lavender and soothing peppermint extracts to give you silky soft skin with locked-in moisture. Spa day, anyone? Don’t forget the Penguin CBD cream!

Industrial Hemp in Hawaii

Hawaii has been slow in coming to the table with a commercial industrial hemp program. The state has been operating under the 2014 federal bill allowing growers to work with universities to conduct research on the best methods for growing hemp, and the House just passed a bill in February 2020 to begin commercial farming of hemp.

In 2019, just 30 farmers were registered with the research pilot program, and more than half of the crops had to be destroyed because they tested at greater than the federal limit for THC. The current stipulation for industrial hemp is that products must contain no more than 0.3 percent THC, and those with greater than one percent THC must be destroyed.  

Hawaii’s climate is ideal for growing hemp, and the growing season allows farmers to grow three to four crops a year. However, the industry is still working out which are the best strains and growing practices, in order to prevent the THC levels in plants from exceeding federal guidelines.

Until the state manages to implement its most recent bill for growing hemp, all CBD found in the state will continue to be imported. This means that there is no state oversight regarding products consumers have access to, as it is up to the states in which each product originates to devise its own regulations and enforcement.

Can I Purchase CBD Online in Hawaii?

Purchasing CBD

Unfortunately, there is still a great deal of confusion surrounding the legality of CBD in Hawaii The Department of Health maintains that CBD is illegal without a prescription, yet dozens of CBD boutiques and shops dot the islands, and you can find it in gas stations as well.

According to news sources, law-enforcement efforts have been aimed at retailers rather than consumers, and they are focused on educating rather than penalizing. 

No consumer protections have been implemented as of yet, and shopping online is still the best way to ensure you know the quality of the products you are getting. On Penguin CBD’s website, we share lab results that break down the chemical composition of all our products, so you know that you are getting exactly what we advertise.

CBD Oil in Hawaii

The landscape for CBD is shifting in Hawaii, and avenues are beginning to open up that will both clarify laws and establish protections for those looking to make purchases in the state.

For now, however, there are still a lot of unanswered questions. This leaves the door open for disreputable companies to scam consumers out of their money and potentially expose them to dangerous products.

When considering whether to make a purchase in Hawaii, you need to keep in mind that retailers are taking risks by even carrying products until the laws are straightened out. Their products are not regulated, they must be imported and there are few federal regulations to ensure products coming from other states are safe and accurately labeled.


At Penguin CBD, we hold our products to the highest standards on the market. Our success is based on your trust, and we want to ensure that we live up to our reputation with everything we make. We are a favorite brand among reviewers and individual customers, and we have a wide variety of products to fit your lifestyle.

You can find reviews and third-party lab results on our website, and our products are only made with organic hemp so you never have to worry about chemical residue finding its way into your products. We know you are taking responsibility for what goes into your body, and we want to make your decision-making process as simple as possible.

Final Thoughts About CBD in Hawaii

Don’t be surprised if the confusion about CBD laws in Hawaii continues for some time. The Aloha State has been hesitant to fully legalize products because they want to ensure consumers are protected once the market opens up.  

They seem to be a bit behind the ball, however, considering that a number of CBD shops are already in operation on the islands, and retailers everywhere are selling products in their stores.

The house recently passed HB2689 HD1, which is the foundation of setting forth guidelines to grow hemp commercially in the state. HB2278 and SB2834 are currently moving through their respective legislative branches to put regulations in place that protect consumers.

This means that minds in Hawaii are opening to the idea of a CBD market in the state, and there will soon be more products that consumers can feel confident about buying.

For now, you can check out Penguin’s website to learn about quality products that keep consumer safety and satisfaction at the forefront. It’s important to us that you never have to worry about the CBD that comes from our website, so you can enjoy a shopping experience as chill as the islands themselves with every visit.