Hawai‘i Department of Health prevails in federal challenge to hemp regulations

The U.S. District Court for the District of Hawaiʻi entered judgment in favor of the Hawaiʻi Department of Health and the Director of Health in a lawsuit challenging the Department’s regulations prohibiting the sale of Delta-8 and Delta-10 THC products processed from hemp.

In February 2022, the Department of Health promulgated interim rules prohibiting the sale or distribution of hemp with Delta-8 or Delta-10 THC, in addition to hemp containing Delta-9 THC concentrations exceeding 0.3 percent.

The plaintiff Duke’s Investments LLC, which operated as “Pinky’s Hempire,” alleged that the Department of Health’s interim administrative rules regarding hemp processing were illegal and that the prohibition on Delta-8 and Delta-10 THC products was unconstitutional.

The U.S. District Court sided with the Department of Health and the Director of Health, represented by Hawaiʻi deputy attorneys General Isaac Ickes and Skyler Cruz, and dismissed the case.

“We appreciate the Court’s well-reasoned analysis of the issues in this case,” said Ickes.