The U.S. agriculture act of 2018 legalizes marijuana by removing cannabis and its derivatives from the definition of cannabis under the controlled substances act (CSA) and providing a detailed framework for marijuana cultivation. The agriculture act of 2018 gives the U.S. Department of agriculture (USDA) federal oversight of marijuana cultivation. States have the right to maintain primary oversight of crops grown in their states by submitting a plan to the USDA.
This federal state interaction has led to many legislative and regulatory changes at the state level. In fact, most states have introduced bills authorizing the commercial production of marijuana in their states. More and more states are also regulating the sale of cannabis products.
Today, we turn to Hawaii.
Hawaii is one of the states in the pilot program for industrial marijuana cultivation. The Hawaiian Department of agriculture ("DOA") launched the state's marijuana cultivation program and issued the state's first permit in June 2018. However, the authority of the Hawaiian Department of agriculture is limited to planting, not processing or retailing.
However, if you think Hawaii's attitude towards hemp CBD products is friendly, please take a closer look. The Hawaii Department of Health (DOH) pointed out in a may 2019 press release that it is illegal to sell CBD related products in Hawaii without permission.
As a result, the food and Drug Department responded to the press release on its website:
1. Products containing CBD are generally considered unsafe and may have health-related risks.
2. It is illegal to produce, distribute and sell CBD food and add CBD to beverages and cosmetics in Hawaii.
3. CBD can not be sold as a "dietary supplement".
4. It is not allowed to market CBD by declaring health, otherwise it will constitute the crime of counterfeiting trademarks or false advertisements.
CBD is an active ingredient in prescription drugs approved by the U.S. Department of agriculture. Therefore, it can not be put into food, drink and cosmetics, can not be sold as a drug without a prescription, nor can it be sold as a "dietary supplement".
The Hawaiian Department of health's statements make it very clear that they follow the guidelines of the Federal Food and Drug Administration ("FDA") and therefore apply to Hawaiian food, drug, and cosmetic laws.
In fact, Hawaii seems to be stricter than California in banning the use of marijuana CBD in cosmetics. Hawaii has one of the most stringent controls on cannabis CBD in the United States, because the sale of cannabis CBD products (such as food, beverages, cosmetics, dietary supplements, unauthorized drugs or any other cannabis CBD product that claims to be of health significance) is illegal in Hawaii.