DOH ISSUES NOTICES OF VIOLATION AND ADMINISTRATIVE FINES TO ISLAND SMOKE AND VAPE FOR REFUSING TO ALLOW LAWFUL INSPECTION
HONOLULU — The Hawaiʻi Department of Health (DOH), Office of Medical Cannabis Control and Regulation (OMCCR) issued two notices of violation and orders (NOVO) to registered manufactured hemp product retailer Island Smoke and Vape, located at 505 Avocado St. in Wahiawā, for refusing to permit inspections authorized by Hawaiʻi law.
Refusals of Lawful Inspections Lead to Administrative Penalties
- On July 28, 2026, OMCCR attempted to conduct an inspection at Island Smoke and Vape after receiving a complaint alleging the sale of prohibited hemp products. Representatives explained the purpose of their visit and requested access to inspect the facility for compliance as authorized by Hawaii Revised Statutes (HRS) §328G-11 and interim Hawaiʻi Administrative Rules (HAR) §11-37-80(a). The business denied reasonable access to areas necessary to conduct the inspection.
- On Aug. 3, 2026, OMCCR issued a NOVO to Island Smoke and Vape and assessed an administrative fine of $3,000 for refusal to permit a lawful inspection.
- While serving the first NOVO on Aug. 3, 2026, OMCCR again requested access to complete the inspection. The business again refused to permit the inspection and prohibited inspectors from documenting the inspection attempt through photographs or video.
- On Aug. 6, 2026, OMCCR issued a second NOVO to Island Smoke and Vape, assessing an additional $10,000 administrative penalty for continued refusal to permit a lawful inspection.
Island Smoke and Vape is entitled to due process and has the right to request an administrative hearing to contest the alleged violations, the factual basis for the NOVOs and any assessed penalties.
Why Inspections Matter: Protecting Public Health
Inspections are a cornerstone of Hawaiʻi’s public health protections for manufactured hemp products. The Legislature authorized OMCCR to inspect hemp businesses so the department can verify compliance with Hawaiʻi’s hemp laws and regulations and to ensure hemp products sold to consumers meet established health and safety standards.
These inspections allow the department to investigate complaints, identify and correct deficiencies early and prevent potential risks to consumers before they escalate. When a business refuses a lawful inspection, it directly undermines the department’s ability to safeguard the public and enforce Hawaiʻi’s health and safety laws. Such refusal is a serious violation.
The administrative penalties assessed in this matter are based on the repeated refusal to permit lawful inspections and not on any determination or assumption that the business was selling unlawful products.
DOH Commitment to Fair and Consistent Enforcement
The DOH is committed to administering Hawaiʻi’s hemp laws fairly, consistently and transparently. The department investigates complaints, conducts inspections, provides compliance assistance and takes enforcement action when necessary to protect public health.
Registration is required for businesses that sell or distribute manufactured hemp products in Hawaiʻi. Businesses selling hemp products without the required registration remain subject to applicable state laws and may face inspections, investigations, cease and desist orders, fines up to $10,000 for each offense, embargo and seizure and destruction of hemp products by the DOH. Enforcement actions may also be taken by the Department of Attorney General, the Department of Law Enforcement, or county police, as authorized by law. Repeat or serious violations may also result in criminal penalties.
Filing a Complaint
Complaints regarding the sale of non-compliant hemp products can be submitted online at https://health.hawaii.gov/hempprogram/ or by emailing doh.hemp@doh.hawaii.gov. Complainants can choose to remain anonymous.
Resources
Businesses and consumers with questions are encouraged to contact OMCCR for assistance.
Registration information, educational materials, compliance guidance, frequently asked questions and additional resources are available at https://health.hawaii.gov/hempprogram/.
OMCCR staff are available to answer questions and assist businesses with registration and compliance requirements.
