HONOLULU (KHON2) — A new Hawaii law to target mislabeled THC products is set to take effect in 2026.
Supporters said it closes a dangerous loophole while critics argue it could drive more people to the black market.
Delta 8 and Delta 10 are just a few lesser-known cannabinoids that can still get a user high, but they have never been regulated in Hawaii like regular cannabis. That will change on Jan. 1, 2026.
“If you’re selling a hemp derivative product that’s going to get you high, the Department of Health will have the ability to come in, fine you and seize your products if you’re doing that,” said Rep. Scot Matayoshi.
Delta 9 is the psychoactive compound that is found in cannabis sold at licensed dispensaries — 11 of them on Oahu — where products are regulated and tested under current State law. The other compounds were not monitored because they were not defined.
“In January of 2024, we had about 40, stores on Oahu selling illegal cannabinoid products. Right now, we’re up about 74. Now, I think it’s become a lot more obvious,” Rep. Matayoshi said.
Medical cannabis dispensaries said it is about time. Many have raised concerns about mislabeled or unregulated products that end up in headshops or convenience stores.
“The danger is that people have figured out this loophole where where they will just mislabel cannabis as hemp and then sell it in a regular retail setting,” said Kar Laulusa, CEO of Noa Botanicals. “So they think they’re consuming something that doesn’t have THC and they go home and consume it and then they go to work and they get drug tested and they test positive for THC. And they’re like, ‘How does that happen? You know, I didn’t take THC, I took CBD.’ Well, that’s the problem with mislabeled products.”
Opponents of the law said simply banning these items is not the answer and could unintentionally push people to underground markets.
“We need regulation. We could have testing,” said Nikos Leverenz, Drug Policy Forum of Hawaii president. “However, with this Department of Health, I’m very, very fearful that, it’ll be enforcement only, places will be shut down.”
Rep. Matayoshi said the bill will create a database for legitimate businesses to register with the Department of Health to sell hemp products that are not psychoactive — just the mislabeled products that are intoxicating will be targeted.
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“And so we’re trying to get a hold of, control the industry before it gets out of hand,” he said.