Haw. Code R. § 11-37-5 - Edible manufactured hemp products

(a) Edible manufactured hemp products are limited to the following types:

(1) Tablets;

(2) Capsules;

(3) Powders; provided that beginning on March 1, 2025, each serving of powder shall be sealed in a separate packet;

(4) Softgels;

(5) Gelcaps;

(6) Oil-based tinctures; provided that beginning on March 1, 2025, tinctures shall:

(A) Have a maximum volume of two fluid ounces per container;

(B) Have a maximum of seventy-five milligrams total tetrahydrocannabinol per container;

(C) Have a maximum concentration of two and one-half (2.5) milligrams of total tetrahydrocannabinol per serving;

(D) Not contain non-hemp derived flavors, sugars, or sweeteners;

(E) Be packaged with a dropper or spray top; and

(F) Be labeled for intended use measured in drops, dropperfuls, or sprays.

(7) Gummies; provided that one serving shall be one gummy and gummies shall contain no more than one milligram total tetrahydrocannabinol per serving and no more than five milligrams total tetrahydrocannabinol per container; 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) Beginning on March 1, 2025, except for tinctures, gummies, 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, 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;

(2) Not be a time/temperature control for safety product; and

(3) 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, 2021.

Notes

Haw. Code R. § 11-37-5

Res 2/24/2022 Res 4/29/2022 [Eff and comp 12/6/2024] (Auth: HRS § 328G-4) (Imp: HRS §§ 328G-3, 328G-4)