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 Different Types of CBD Products


Many consumers prefer to take CBD oil because this is one of the most bioavailable formats on the market.

Penguin’s broad-spectrum CBD oils come in three levels of potency and four flavors (including natural flavor, which is ideal for adding to food and beverages), so they are perfect whether you are just getting started with CBD or it has been part of your daily routine for years.


Our CBD oil is made with the best Oregon grown hemp. Comes in mint, citrus, natural, strawberry and cookies & cream flavors.

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Starting at $45

CBD Capsules

CBD capsules are a convenient option for anyone who may be new to taking CBD, or if you just want a premeasured dose you can grab and go. Capsules are processed through the digestive system, so they take a little longer to take effect, but they also last a little longer in your system.  

Penguin CBD’s capsules have no additives. They are packed with 10mg of pure CBD suspended in MCT oil for maximum absorption. It is safe to take more than one at a time, and they are convenient for travel.

CBD Capsules

Convenient, discreet and travel-ready, our CBD capsules can be taken anywhere with ease. Each capsule contains 10mg of our broad-spectrum hemp extract suspended in MCT oil.

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Starting at $45

CBD Gummies

CBD gummies are a tasty way to get a boost no matter what time of day it is. They can be a discreet afternoon pick-me-up or a satisfying sweet bedtime treat. Penguin CBD’s gummies are made with your enjoyment in mind, and customers love the way they taste.

These fun, bright gummy worms are the perfect texture, covered in sweet-and-sour sugar, and they have 10mg of CBD isolate. Eat one gummy or a handful, and enjoy all the goodness of our delicious CBD edibles.

CBD Gummies

Made with the purest CBD isolate, our CBD gummy worms are a treat for your taste buds. Every container contains 30 individual worms, with each one packing 10mg of CBD.

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Starting at $45

CBD Cream

Penguin's CBD cream goes on smoother than a penguin sliding across the ice. Infused with peppermint and lavender scents for a relaxing aromatic experience in addition to the CBD, this is a cream you will love using morning, noon and night, for a glow that comes from the inside out.

CBD Cream

Our CBD cream is a luxurious cream that’s silky smooth and cooling upon contact. Its terpene rich formula is designed to be absorbed quickly.

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Starting at $55

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. 

Unfortunately, however, CBD companies can fall through the cracks of regulation, and they may cut corners in an effort to reduce costs. Some CBD companies use hemp grown in other countries, or hemp that has not been regulated by a state pilot program.

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 Oil 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 the Penguin CBD 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.