What Are The State’S Specific Regulations Regarding The Cultivation Of Industrial Hemp in Hawaii?
In Hawaii, industrial hemp cultivation is regulated by the State Department of Agriculture and the Hawaii Industrial Hemp Research Program. Under these regulations, there is a limit on the number of acres of land that can be dedicated to industrial hemp production, and growers must apply for a license from the State Department of Agriculture. In addition, hemp cultivators must adhere to all applicable state and federal laws, including requirements related to testing, record keeping, labeling, security, reporting, and disposal. Finally, commercial growers must obtain a license from the Hawaii Industrial Hemp Research Program in order to market their crop.
Are There Licensing Requirements For Hemp Growers And Processors in Hawaii?
Yes, all hemp growers and processors in Hawaii must have a license from the Hawaii Department of Agriculture. To apply for a license, applicants must submit an application form, provide information about the business location, and show proof of approved hemp seed. Additionally, all hemp operations must register with the Hawaii Department of Health and comply with all applicable laws related to growing and processing hemp in Hawaii.
What Is The Legal Definition Of Industrial Hemp in Hawaii?
In Hawaii, industrial hemp is “the plant Cannabis sativa L. and any part of the plant, whether growing or not, with a delta-9 tetrahydrocannabinol (THC) concentration of not more than three-tenths of one percent (0.3%) on a dry weight basis.” The term “industrial hemp” does not include marijuana as defined in section 712-1240, Hawaii Revised Statutes.
Do State Regulations Allow For The Sale Of Hemp-Derived Cbd Products in Hawaii?
No, state regulations do not currently allow for the sale of hemp-derived CBD products in Hawaii. According to the Hawaii Department of Health, “the sale of products containing CBD oil derived from hemp is prohibited.”
Are There Restrictions On The Types Of Cbd Products That Can Be Sold, Such As Edibles, Tinctures, Or Topicals in Hawaii?
Yes, there are restrictions on the types of CBD products that can be sold in Hawaii. Products containing CBD must be extracted from hemp and not from marijuana. All products must be tested for safety and must not contain more than 0.3% THC (the psychoactive compound in cannabis). Edibles, tinctures, and topicals are all allowed; however, the products must be labeled and marketed as containing hemp-derived CBD and not marijuana-derived CBD.
What Labeling And Testing Requirements Apply To Hemp-Derived Cbd Products in Hawaii?
The State of Hawaii requires that any hemp-derived CBD products, including items for sale, must be tested by an independent laboratory and labeled with the lab results. The products must also comply with all applicable state and federal laws. In addition, the CBD products must include the following information:
1. The total amount of CBD in the product and the total amount of THC in the product, if any, must be clearly stated on the label;
2. The source of the hemp-derived CBD;
3. Whether the product was made from hemp seed oil, full spectrum extract, or other extract;
4. Any other active ingredients in the product;
5. If applicable, a warning that the product is not intended to diagnose, treat, cure or mitigate any disease or condition;
6. Identification of the manufacturer, distributor or seller; and
7. The batch number and date of manufacture.
Do Regulations Differentiate Between Hemp-Derived Cbd And Marijuana-Derived Cbd in Hawaii?
Yes, regulations differentiate between hemp-derived CBD and marijuana-derived CBD in Hawaii. Under Hawaii state law, hemp-derived CBD products are legal to possess, buy, and sell, as long as they contain 0.3% or less of THC. Marijuana-derived CBD, on the other hand, is only legal for medical marijuana patients in Hawaii who have received a valid medical marijuana recommendation from a qualified physician.
Are There Restrictions On The Advertising And Marketing Of Cbd Products in Hawaii?
Yes, there are restrictions on advertising and marketing of CBD products in Hawaii. The Department of Health issued the following guidance for advertisement of CBD products:
• Advertising or labeling of hemp or hemp-derived CBD products should not include false or misleading statements or statements that violate applicable state or federal law.
• Advertising and labeling should not suggest that the product is intended to diagnose, treat, cure, mitigate, or prevent any disease.
• The name or identity of the product should not imply health benefits.
• Advertising and labeling should not include any statements that are misleading, false, deceptive, or unsubstantiated by competent and reliable scientific evidence.
• Advertising and labeling should not include anecdotal evidence of the product’s effectiveness.
• Advertising and labeling should not contain endorsements from healthcare professionals without their written authorization.
What Is The Legal Age For Purchasing And Consuming Hemp-Derived Cbd Products in Hawaii?
The legal age for purchasing and consuming hemp-derived CBD products in Hawaii is 18 years old.
Is It Legal To Sell Or Use Smokable Hemp Products in Hawaii?
No, it is not legal to sell or use smokable hemp products in Hawaii. The state has not legalized the sale or use of hemp flower for smoking. It is legal, however, to use CBD products in Hawaii.
What Are The Thc Concentration Limits For Hemp-Derived Cbd Products in Hawaii?
There is no specific THC concentration limit for hemp-derived CBD products in Hawaii. The state of Hawaii follows the federal regulations on hemp-derived CBD products, which states that the THC concentration level must not exceed 0.3%.
Are There Restrictions On The Sale Of Cbd-Infused Foods And Beverages in Hawaii?
Yes, the sale of CBD-infused foods and beverages in Hawaii is restricted. The Hawaii Department of Health requires that CBD-infused products be processed through licensed medical cannabis dispensaries in order to be legally sold in the state. Furthermore, the products must include less than 0.3% THC and must include a label that states the cannabinoid content of the product.
Do Regulations Permit The Sale Of Cbd Products In Dispensaries, Pharmacies, Or Retail Stores in Hawaii?
No, regulations in Hawaii do not permit the sale of CBD products in dispensaries, pharmacies, or retail stores. CBD products are only available for sale in Hawaii via licensed medical cannabis dispensaries.
Are There Any Limitations On The Sale Of Cbd Products Across State Lines in Hawaii?
Yes, there are several limitations on the sale of CBD products across state lines in Hawaii. The state has specific regulations in place to ensure that all CBD products sold in the state are in compliance with the law. All CBD products must meet the requirements of the Hawaii Department of Public Health, which includes testing for potency, safety, and other contaminants. In addition, all CBD products must be sold with proper labeling, and contain no more than .3% THC. Finally, any CBD product containing more than 0.3% THC by dry weight would be considered a Schedule 1 controlled substance and be prohibited from sale in the state.
What Penalties Or Consequences Can Businesses Face For Non-Compliance With Hemp And Cbd Regulations in Hawaii?
Businesses that do not comply with the rules and regulations surrounding the sale and distribution of hemp and CBD products in Hawaii face a variety of penalties and consequences. These can include fines, license suspension or revocation, criminal prosecution, and civil liabilities. Additionally, any business found to be in violation of the law may be ordered to cease operations and/or pay restitution to any person affected by their actions. Ultimately, it is up to the discretion of the Hawaii Department of Agriculture to determine the severity of consequences for each particular violation.
How Does Our State Handle Cbd Testing, Quality Control, And Product Recalls in Hawaii?
The Hawaii Department of Health does not currently have any specific regulations governing the testing, quality control, or product recall of CBD products. However, the Department of Agriculture has issued 10 rules for hemp production that must be followed by all registered hemp growers. Most applicable to CBD products are rule 7 which requires all hemp-infused products to be properly labeled and also rule 8 which requires that all product labels list the amount of THC and CBD on them. Additionally, the Hawaii Department of Health requires that all hemp processors maintain records of their testing and quality control processes. Finally, if a product recall is necessary, it would be up to the processor to initiate it.
Do State Regulations Address The Issue Of Cbd As A Dietary Supplement Or Food Additive in Hawaii?
No, the state of Hawaii does not have any regulations in place that specifically address the issue of CBD as a dietary supplement or food additive. While hemp-derived CBD is legal in the state, it is not yet regulated by the state. The sale of CBD products in Hawaii is still limited to medical dispensaries.
Is There A System In Place For Reporting Adverse Effects Or Health Concerns Related To Cbd Products in Hawaii?
At this time, there is no specific system in place for reporting adverse effects or health concerns related to CBD products in Hawaii. However, it is important to remember that the Food and Drug Administration (FDA) regulates all food and drug products, including CBD products, and encourages consumers to report any adverse reactions or health concerns to the FDA by visiting their website or calling the FDA at 1-888-463-6332. Additionally, the Hawaii Department of Health can be contacted with any questions or concerns regarding CBD products in Hawaii.
Are There Specific Regulations For Labeling And Packaging Of Hemp-Derived Cbd Products in Hawaii?
Yes, there are specific regulations for labeling and packaging of hemp-derived CBD products in Hawaii. All CBD products in the state must bear a label that contains the following information: the company name and address, the CBD concentration, and a warning that it is not meant to be used by persons under the age of 21. Additionally, all packaging must be child-resistant, and any products containing more than 0.3% THC must be clearly identified as such. Additionally, all sales of CBD products must take place in a licensed dispensary.
What Resources Are Available To Help Businesses And Consumers Understand And Comply With Hemp And Cbd Regulations in Hawaii?
The Hawaii Department of Health is the best resource for understanding and complying with hemp and CBD regulations in Hawaii. They provide detailed information on the state’s hemp and CBD program, including licensing and product requirements. Additionally, the Hemp Industries Association (HIA) provides a range of resources on hemp and CBD laws and regulations. Lastly, the Hawaii Cannabis Business Association (HCBA) provides numerous resources to help businesses and consumers understand and comply with state regulations.
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