HAR §11-37-5
HAR §11-37-5. Edible manufactured hemp products
Cite as Haw. Code R. § 11-37-5
(a)
Edible manufactured hemp products are limited to the
following types:
(1) Tablets;
(2) Capsules;
(3) Powders; provided that each serving of
powder shall be sealed in a separate packet;
(4) Softgels;
(5) Gelcaps;
(6) Oil-based tinctures; provided that tinctures
shall:
(A) Have a maximum of one ounce per
container;
(B) Have a maximum of three (3) milligrams
of total tetrahydrocannabinol per
serving;
(C) Not contain non-hemp derived flavors,
sugars, or sweeteners;
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(D) Be packaged with a dropper or spray top; and
(E) Be labeled for intended use measured in drops, dropperfuls, or sprays;
(7) Gummies; and
(8) Beverages; provided that beverages shall:
(A) Have a minimum volume of six fluid ounces and a maximum of twelve fluid ounces per container; and
(B) Contain no more than one half milligram (0.5 mg) total tetrahydrocannabinol per container.
(b) Except for tinctures and beverages:
(1) Edible manufactured hemp products shall contain no more than one milligram total tetrahydrocannabinol per serving; provided that one serving shall be one tablet, capsule, softgel, gelcap, gummy, or packet of powder; and
(2) No edible manufactured hemp product that is sold in a package of multiple servings shall contain more than five milligrams of total tetrahydrocannabinol per package.
(c) Edible manufactured hemp products shall have a total tetrahydrocannabinol concentration of no more than 0.3 per cent.
(d) An edible manufactured hemp product shall:
(1) Not be manufactured with components that are not intended to be safe for use in manufacture of a product for human consumption. Additives used as components in the production of edible manufactured hemp products shall be limited to those allowed for use in food in section 11-29-8;
(2) Be manufactured only with ingredients that are manufactured in compliance with:
(A) 21 C.F.R. part 111, published by the U.S. Government Publishing Office, as amended as of April 1, 2025; or
(B) 21 C.F.R. part 117 published by the U.S. Government Publishing Office, as amended as of April 1, 2025;
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(3) Not be a time/temperature control for safety product; and
(4) Be homogenous to ensure uniform distribution of cannabinoids.
(e) An edible manufactured hemp product sold in a package of multiple servings shall meet the requirements for child-resistant special packaging for the number of openings and closings customary for the package size and contents, specified in Title 16 C.F.R. part 1700, as published by the U.S. Government Publishing Office as of January 1, 2025, except products sold in bulk as allowed in section 11-37-7.
[Eff and comp 12/6/24; am and comp JAN 28 2026 ]
(Auth: HRS §328G-4) (Imp: HRS §§328G-3, 328G-4)