Hawaii Cannabis & Substances Laws (2026)

Hawaii allows the possession and sale of hemp-derived CBD products containing less than 0.3% Delta-9 THC, consistent with the 2018 Farm Bill. The state regulates CBD under its Department of Agriculture and requires compliance with federal standards.

Hawaii has not explicitly banned Delta-8 THC, but the state regulates THC products under its cannabis laws. Delta-8 derived from hemp is in a legal gray area, with the Department of Health requiring THC products to be tested and licensed. Possession and sale of unlicensed THC products, including Delta-8, may be subject to enforcement.

Hemp-derived Delta-9 THC edibles are restricted in Hawaii. A new law set to take effect in 2026 will give the Department of Health authority to seize mislabeled or unregulated THC products.

Kratom is legal in Hawaii. There are no state statutes or regulations banning or restricting kratom possession or sale. No age restrictions or penalties specifically apply to kratom.

Psilocybin mushrooms are illegal in Hawaii. Psilocybin and psilocin are classified as Schedule I controlled substances under Hawaii Revised Statutes Chapter 329. Possession, sale, and cultivation of psilocybin mushrooms are criminal offenses. However, Hawaii has shown interest in psychedelic research. In 2022, Hawaii passed a resolution (HCR 195) to establish a task force to study the therapeutic potential of psilocybin. Spores that do not contain psilocybin may be legal to possess for microscopy purposes, though growing them into mushrooms is illegal.

Recreational marijuana is legal for adults 21+ in Hawaii. No significant legislative changes since 2023.

Salvia divinorum is a controlled or banned substance in Hawaii. Hawaii enforces its ban on Salvia.