Hawaii CBD Oil: The Law and What You Should Know

Across the U.S., including Hawaii, CBD oil is completely legal if extracted from industrial hemp. Hemp-derived cannabidiol oil is readily available online and also increasingly in shops nationwide. Medical marijuana, however, is a different story, but like many other states, Hawaii has a program in place to ensure that those with debilitating medical conditions have reasonable access.

Read on for some answers to your questions about the Hawaiian Medical Cannabis Registry Program. In addition, we give tips for buying the best hemp CBD oil, so you get the most bang for your buck and enjoy the oil's multiple benefits.

According to federal law, marijuana and marijuana extracts are still defined as illegal. That is—unless you are registered with the Hawaiian Medical Cannabis Registry Program.

RELATED: Is CBD Hemp Oil Legal in All 50 States?

The Hawaiian Medical Cannabis Registry Program

In Hawaii, the medical cannabis program was launched in 2000. So, the Hawaii Department of Health (HDoH) is pretty sorted, and the program is well-established in the Aloha State.

The process is, very basically, as follows:

• Determine that you do qualify for registration to the medical cannabis program
• Get certified as qualifying by a medical professional
• Submit an application with the HDoH, using a valid ID. A registration fee is required.
• Receive your 329 Card, which you should have with you whenever you carry medical cannabis on your person. [1]

Hawaiian Medical Cannabis Registry Program Q & A

Here, we answer your most pressing questions regarding Hawaii's medical cannabis program. For more detailed information, please contact the Hawaii Department of Health directly.

1. What are the qualifying medical conditions for the program?

The following are qualifying debilitating medical conditions, as found on the website of the Hawaii Department of Health:

1. Amyotrophic Lateral Sclerosis
2. Cancer
3. Glaucoma
4. Lupus
5. Epilepsy
6. Multiple Sclerosis
7. Rheumatoid Arthritis
8. Positive status for human immunodeficiency virus
9. Acquired immune deficiency syndrome
10. Post-traumatic stress disorder, or
11. “The treatment of these conditions,” or
12. “A chronic or debilitating disease or medical condition or its treatment that produces one or more of the following:

• Cachexia or wasting syndrome,
• Severe pain,
• Severe nausea,
• Seizures, including those characteristic of epilepsy, or
• Severe and persistent muscle spasms, including those characteristic of multiple sclerosis or Crohn’s disease.” [2]

2. What if my condition is not on the list? Is there a way for me to qualify?

Yes, but you, your doctor, or an advance practice registered nurse need to petition with the HDoH to add your medical condition to the approved list, however. [3]

3. Who can certify me as qualifying?

Any registered and appropriately licensed physician or Hawaii-licensed, registered Advance Practice Registered Nurses (APRNs) can diagnose and certify you with a debilitating medical condition.

If your physician isn't able to certify you, you could contact the Drug Policy Forum (DPF). They are currently in the process of compiling a third-party list of physicians who may be able to assist you, according to the HDoH site. At the time of writing, you can email info@dpfhi.org for the time being.

4. How much cannabis can I legally possess at a time?

No more than four ounces, jointly between you and your caregiver, if you have one.

5. Am I allowed to grow my own medical cannabis?

Yes, between you and your caregiver, you may jointly possess 10 cannabis plants. From the HDoH site:

"Put a tag or other identification maker with the 329 Card Number AND Expiration Date at the base of every medical cannabis plant so they can be more easily identified as legal."

6. For how long is the 329 card valid?

Your card is to be renewed every year. [1]

7. What if I'm not a Hawaii resident, but I qualify—can I still register for the program?

At the time of writing, the medical marijuana rules were still undergoing amendments, to be finalized in December 2018.

However, right now, it appears that if you're from out of state, you can still get a registration card in Hawaii, which needs to be renewed every 60 days. You're allowed 4 ounces of usable cannabis at any given time, excluding live plants. The four ounces include any combination of usable cannabis and manufactured cannabis products.

Take note, though, that if the state is low on medical marijuana supply, preference will be given to residents.

Non-residents are not allowed to cultivate cannabis.

8. What if my caregiver is from out of state? Can they register, too?

Yes, they need to, but their registration is only valid for 60 days. This means they need to re-register every two months. [4][5]

Hawaii was very probably the first U.S. state to implement a medical marijuana program and is now looking at expanding their hemp farming program.

In May, state senator Mike Gabbard commented in an interview with Hawaii News Now: "The potential here in Hawaii is just enormous when you look at 25,000 different products ... made from this miracle plant." [8]

Is CBD Oil Legal in Hawaii?

Yes, it is completely legal nationwide, but as stated—only if the CBD was extracted from hemp.  

In 2016, the U.S. Drug Enforcement Administration (DEA) created a different Administration Controlled Substances Code number for marijuana extract. This code separates marijuana extract (CBD and other cannabinoids) from the definition of marijuana and tetrahydrocannabinol (THC), so that "DEA-registered entities [can] track quantities of this material separately from quantities of marihuana." [6]

In 2018, the DEA issued a departmental clarification of the code. In this notice, it was made clear that CBD gained from certain parts of industrial hemp is completely legal, and possession will not result in prosecution. CBD resin extracted from those parts is still illegal, though. [7]

Hemp is a variety of Cannabis sativa or cannabis, as is marijuana. The latter is rich in THC, which causes the "high" associated with marijuana use. Hemp traditionally contains much smaller amounts of THC.

RELATED: What Does "Full Spectrum CBD" Mean?

Tips to Get the Most out of Your Hemp-CBD Oil

Quality always trumps quantity, so keep the following in mind when you shop for your CBD oil.

• Make sure the hemp-CBD oil was gained from certified organic cannabis.
• The CO2 method of CBD extraction is the best—the compounds are still intact, and the oil is free from chemicals.
• Look for full spectrum CBD oil instead of the pure extract. You will derive more benefits that way.
• Check the labels and the manufacturer's website to make sure they're legitimate and trustworthy.
• Look for laboratory-tested CBD oil. That way you're sure that you actually get what is stated on the label.

RELATED: Are You Using Organic CBD Oil?

CBD oil is safe to use, and it has many health properties. Thankfully, hemp-derived CBD is readily available and is 100% legal in all U.S. states. Get your Hawaii CBD oil from a reputable vendor, or buy online from an organically certified supplier to ensure good results.

Sources:

1. http://health.hawaii.gov/medicalcannabisregistry/how-does-the-medical-marijuana-program-work/
2. http://health.hawaii.gov/medicalcannabisregistry/providers/debilitating-medical-conditions/
3. http://health.hawaii.gov/medicalcannabisregistry/submenu/petition-process-to-add-new-conditions/
4. https://health.hawaii.gov/medicalcannabis/files/2018/07/Act-116-18.pdf - out of state pts
5. https://echoconnection.org/hawaiis-laws/
6. https://www.deadiversion.usdoj.gov/fed_regs/rules/2016/fr1214.htm
7. https://www.deadiversion.usdoj.gov/schedules/marijuana/m_extract_7350.html
8. http://www.hawaiinewsnow.com/story/38312884/state-prepares-to-award-licenses-for-industrial-hemp-pilot-program/