All CBD oil products are considered nutritional supplements in Hawaii due to the lack of FDA approval in terms of its medicinal value. But this fact doesn’t stop a lot of people from using such products, as its potential benefits are continually being discovered. The CBD oil industry is rapidly growing across the US, including in Hawaii.
If you’re a Hawaii resident, it’s easy to purchase CBD products in several stores all over the state. What should be remembered is that the quality standards may vary. If purchasing CBD products from a brick-and-mortar location is an inconvenience, you can also buy CBD products online. On the internet, there a is a wide range of choices of hemp-derived CBD. You can have it delivered to your home without encountering problems with the law. If you need cannabis-based CBD products, you need to get them from state-licensed sources.
According to Hawaii law, qualified individuals should register at the Medical Cannabis Registry Program before attempting to use cannabis and its derivatives for medicinal purposes. It should be noted that one of the requirements to be registered in this state program is to acquire certification from an appropriately licensed doctor. The doctor should certify that the patient has a debilitating medical condition and that the use of medical cannabis will be of benefit. Hemp-derived CBD products, on the other hand, do not need a recommendation from a physician and these products are sold everywhere in the state. Purchasing CBD oil online is probably the most convenient and easiest way to obtain CBD in Hawaii. On the internet, you will find numerous sellers and manufacturers that offer a wide range of CBD products. Starting your search for the perfect CBD product online can be an overwhelming experience, and it’s important to ensure the source is reputable and trustworthy. To ensure this, check the supplier’s transparency regarding its sources and lab testing. A reputable seller or manufacturer will have third-party lab testing results posted on their site. Medical cannabis has been legal in the Aloha state since 2000, and the legalization of recreational marijuana in the future seems likely. The future of low-THC CBD seems even more secure, as it continues to prove itself to be a safe, effective, non-intoxicating alternative to medicinal cannabis. All but three states have accepted the medical use of CBD under state law. Let’s take this bull by the horns and protect the intra-state medical use of CBD, instead of looking for regulatory loopholes that will make it possible to turn a profit at the expense of our patients. CBD produced under Hawaii’s Medical Use of Cannabis Act is exempt from federal Schedule I regulation because Hawaii has established that Cannabis has accepted medical use, and the federal Controlled Substances Act says that a substance cannot be in Schedule I if it has accepted medical use. CBD can only be produced for medical use in Hawaii by registered patients and licensed dispensaries, and cannot be exported to other states because it is not FDA-approved for interstate marketing. However, the State could certainly provide other avenues for the production of CBD for medical use in Hawaii, such as allowing Hawaii hemp farmers to contract with Hawaii dispensaries for the sale of hemp material that cannot meet the 0.3% cut off for THC, or even create a separate regulatory structure for the intra-state production of CBD only products for medical use, which could be a huge savings for local insurance companies compared with the cost of FDA-approved CBD drug products. As a result of the FDA’s approval of Epidiolex ( GW’s pharmaceutical grade CBD Oil ), and the DEA’s decision to place Epidiolex in federal Schedule V, there will soon be available for the first time in the United States a plant-derived FDA-approved cannabis drug product. Epidiolex has been approved for the treatment of two severe pediatric forms of epilepsy (Lennox-Gastaut and Dravet Syndromes) in children over two years old, and will likely be available in Hawaii’s pharmacies the end of 2019, once FDA-approved CBD drug products are placed into Schedule V of Hawaii’s Uniform Controlled Substances Act (UCSA). SB1263 is the bill currently sitting on the Governor’s desk that would place Epidiolex into state Schedule V. Epidiolex carries an annual estimated cost of around $32K, which is expected to be covered mostly by medical insurance, depending on how it is being used. Physicians can certainly prescribe Epidiolex for off-label use, but pre-authorizations for uses other than the FDA-approved indications will be unlikely given the cost of this medication. The FDA approval of Epidiolex also means that unapproved CBD cannot be used as a food additive or marketed as a dietary supplement. With the signing of the 2018 Federal Farm Bill , any parts of the cannabis plant, including the seeds, extracts, cannabinoids, and their derivatives, that are 0.3% THC or less on a dry weight basis, are defined as “hemp”, instead of “marihuana”, and are no longer regulated under the federal Controlled Substances Act, as long as they come from a state-licensed producer of a USDA-approved state hemp program, and as long as scheduled substances within hemp, such as THC, are not being extracted and sold on the open market. The Secretary of the USDA is now responsible for promulgating regulations that will allow for the implementation of the hemp provisions of the 2018 Federal Farm Bill, which will include USDA approval of state plans to regulate local hemp production.
The industrial hemp provisions of the 2014 Federal Farm Bill will expire one year after the date that the USDA establishes a plan for regulating state hemp programs under the 2018 Federal Farm Bill. It is entirely possible that the USDA will defer to the FDA regarding the regulation of CBD, because the 2018 Federal Farm Bill preserves the authority of the FDA to regulate unapproved drug substances found in hemp, including CBD. If FDA-approved CBD will be in state and federal Schedule V, then it would be unreasonable to assume that unapproved CBD can be any less controlled. Any CBD that does not fall under one of the categories above is still considered a Schedule I controlled substance by the DEA . Which makes sense if you consider that the state and federal definition of “Tetrahydrocannabinols” includes CBD. This includes CBD from unlicensed hemp producers, even if such CBD comes from plants that meet the federal definition of hemp. This also includes CBD from state-licensed hemp pilot program producers who are not complying with the cultivation and marketing research provisions of the 2014 Federal Farm Bill.
Possession, use, production, distribution, and transportation of a Schedule I controlled substance without DEA Schedule I research registration or without state-accepted medical use is a violation of federal law. Because hemp has phytoremediation properties, which is why it is being used in Chernobyl to eliminate soil radiation there, we have to be very careful about where CBD-hemp is being grown. One way to protect against consuming contaminated hemp-CBD is to make sure that the hemp from which CBD is being extracted is being grown organically.