Bill Text: HI HB1359 | 2023 | Regular Session | Amended
Bill Title: Relating To Hemp.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Passed) 2023-07-12 - Became law without the Governor's signature, Act 263, 07/11/2023, (Gov. Msg. No. 1377). [HB1359 Detail]
Download: Hawaii-2023-HB1359-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1359 |
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THIRTY-SECOND LEGISLATURE, 2023 |
H.D. 2 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO HEMP.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that hemp is a high-value crop that has the potential to bring significant and diverse revenues to Hawaii. Hemp has more than fifty thousand recognized uses, including as a fuel; a food, including the seeds, oil, the juice from leaves, and herbal tinctures; and fiber used in supercapacitors, cloth, building materials, and bioplastic. Hemp has significant potential to provide a lucrative crop for Hawaii farmers and can support food security for the State. Many Hawaii farms subsidize food production with non-farming income or jobs. Hemp could provide a farm-based income for farmers to expand or stabilize their food production.
However, Hawaii's hemp industry remains in a nascent stage, largely due to overregulation, which has stifled the State's hemp industry. The Hawaii hemp cannabinoid and cannabidiol market is approximated to be $32,000,000 to $54,000,000 annually, but most of that money goes to hemp producers outside Hawaii due to prohibitions banning farmers from making and selling these products in Hawaii. Moreover, overregulation of production and processing has driven many hemp farmers out of business in Hawaii, which makes Hawaii farmers non-competitive in the hemp market.
The legislature further finds that transparency in hemp product labeling is also needed. Given the number of "Buy Local", "Buy Aloha", and "Eat Local" campaigns that have been launched, Hawaii residents, when given the opportunity and transparent data, will often choose Hawaii-grown products.
The legislature also finds that the Agriculture Improvement Act of 2018, informally known as the 2018 "Farm Bill", legalized hemp by removing hemp from the definition of "marihuana" contained in the federal Controlled Substances Act. Therefore, hemp is no longer classified as an illegal drug under federal law. In October 2019, the United States Department of Agriculture established new regulations through which states may monitor and regulate hemp production. In light of these federal reforms, state laws regarding hemp should also be reformed.
Accordingly, the purpose of this Act is to:
(1) Repeal redundant regulations on hemp production, which would reduce costs for the State and Hawaii farmers;
(2) Amend hemp law in a manner that recognizes the unique constraints of Hawaii farmers, while protecting human health;
(3) Allow licensed hemp producers to sell hemp biomass;
(4) Require transparency in labeling of hemp products to identify the percentage of Hawaii-grown hemp or hemp product in all hemp products;
(5) Require and appropriate funds for the department of health to hire or consult a toxicologist or consultant familiar with hemp industry standards for the purpose of setting defined action limits or exposure levels for different types of hemp products; and
(6) Extend the State's hemp processor law through July 1, 2027.
SECTION 2. Section 141-42, Hawaii Revised Statutes, is amended to read as follows:
"[[]§141-42[]] Commercial hemp production. (a) It
shall be legal for an individual or entity to produce hemp, as defined in title
7 United States Code section 1639o, if that individual or entity has a license
to produce hemp, issued by the Secretary of the United States Department of
Agriculture pursuant to title 7 United States Code section 1639q; provided
that:
[(1) Any
person convicted of a felony related to a controlled substance under state or
federal law is prohibited from producing hemp, or being a key participant in an
entity producing hemp, for a period of ten years following the date of
conviction;
(2) Hemp
shall not be grown outside of a state agricultural district;
(3)] (1) Hemp shall not be grown within [500] five
hundred feet of pre-existing real property comprising a playground,
childcare facility, or school; provided that this restriction shall not apply
to an individual or entity licensed to grow hemp in those areas under the [State]
state industrial hemp pilot program [prior to] before
August 27, 2020;
[(4)] (2) Hemp shall not be grown within [500] one
hundred feet of any pre-existing house, dwelling unit, residential
apartment, or other residential structure that is not owned or controlled by
the license holder; provided that this restriction shall not apply to an individual
or entity licensed to grow hemp in those areas under the [State] state
industrial hemp pilot program [prior to] before August 27, 2020;
and
[(5)] (3) Hemp shall not be grown in any house,
dwelling unit, residential apartment, or other residential structure[.],
unless that structure is part of a United States Department of Agriculture
area.
(b)
An individual or entity licensed to produce hemp pursuant to [paragraph]
subsection (a) may transport hemp within the State to a facility
authorized by law to process hemp or to another licensed producer's grow area[,];
provided that[:
(1) The
hemp to be transported has passed all compliance testing required by the United
States Department of Agriculture; and
(2) The]
the transportation has been [authorized by] reported to
the department. The department may
require movement reports[, inspections, sampling, and testing] of the
hemp to be transported and may deny authorization if the hemp is found to not
comply with any law or regulation.
[(c)
An individual or entity licensed to produce hemp pursuant to paragraph
(a) may export hemp; provided that:
(1) The
hemp to be exported has passed all compliance testing required by the United
States Department of Agriculture; and
(2) The
licensed producer complies with all laws relating to the exportation of hemp,
including state and federal laws and the laws of the state or country of
import.
(d)] (c) Any individual or entity who [violates this
section or any rule adopted pursuant to this section] grows hemp without
a United States Department of Agriculture license shall be fined not more
than $10,000 for each separate offense.
Any notice of violation of this section may be accompanied by a cease
and desist order, the violation of which constitutes a further violation of
this section. Any action taken to
collect the penalty provided for in this subsection shall be considered a civil
action.
[(e)] (d) For any judicial proceeding to recover an
administrative penalty imposed by order or to enforce a cease and desist order
against [a] an unlicensed hemp producer, the department may
petition any court of appropriate jurisdiction and need only show that:
(1) Notice
was given;
(2) A
hearing was held or the time granted for requesting a hearing has expired
without such a request;
(3) The
administrative penalty was imposed on the individual or entity producing hemp;
and
(4) The
penalty remains unpaid or the individual or entity continues to produce hemp.
(e) An individual or entity licensed by the
United States Department of Agriculture to produce hemp in Hawaii may sell hemp
biomass.
(f) Any products that are labeled as, advertised
as, or implied to be made from hemp grown in Hawaii shall list the percentage
of Hawaii-grown hemp included on the product on the label.
(g) A hemp producer licensed by the United States Department of Agriculture to grow hemp shall follow all inspection and sampling rules and protocols established by the United States Department of Agriculture. The State shall not require other inspections or sampling. The State shall not issue notices of violations or impose penalties upon any hemp producer licensed by the United States Department of Agriculture; provided that the licensee is compliant with all of the requirements imposed by the United States Department of Agriculture. The State shall impose no penalty with respect to the production of hemp, except penalties for growing hemp without a license issued by the United States Department of Agriculture.
(h) As used in this section, "hemp
biomass" means:
(1) The stalks of
hemp plants; and
(2) Other hemp
plant material."
SECTION 3. Section 141-43, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) The department of
agriculture shall adopt rules pursuant to chapter 91 to effectuate the purpose
of this part, including any rules necessary to address any nuisance issues,
including smell, noise, and excessive lighting arising out of the activities of
hemp growers licensed under the State's industrial hemp pilot program who grow
hemp within areas prohibited under section [141-42(a)(3) and (4).] 141-42(a)(1)
and (2)."
SECTION 4. Section 328G-1, Hawaii Revised Statutes, is amended as follows:
1. By adding two new definitions to be appropriately inserted and to read:
""Finished hemp
product" means a finished product, including a product to supplement the
human or pet diet, or a cosmetic, food, food additive, beverage, or herb product,
that:
(1) Is fit for use or consumption by a consumer or the pet of a consumer;
(2) Contains naturally-occurring cannabinoids, compounds, concentrates, extracts, isolates, resins or derivatives from processed hemp;
(3) Does not contain any living hemp plants or viable seeds;
(4) Has a delta-9-tetrahydrocannabinol concentration of no more than per cent, as measured by post‑decarboxylation, or by another similarly reliable methods;
(5) Does not include tetrahydrocannabinol isolate as an added ingredient; and
(6) Is not intended
as feed for livestock.
"Intermediate hemp
product" means an extract that:
(1) Is extracted from hemp;
(2) Has not yet undergone the complete manufacturing process; and
(3) Is not yet fit for use or consumption by consumers or the pets of consumers."
2. By amending the definition of "hemp processor" to read:
""Hemp processor" means a person [processing
hemp to manufacture a hemp product.] or business that receives wet or
dry raw hemp material and extracts hemp extracts."
3. By amending the definition of "hemp product" to read:
""Hemp product" means [a product
that:
(1) Contains naturally occurring cannabinoids,
compounds, concentrates, extracts, isolates, resins or derivatives from
processed hemp;
(2) Does not include any living hemp plants,
viable seeds, leaf materials, or floral materials;
(3) Has a delta-9-tetrahydrocannabinol
concentration of not more than 0.3 per cent, as measured post-decarboxylation,
or other similarly reliable methods;
(4) Is intended to be consumed orally to
supplement the human or animal diet; and
(5) Is in the form of a tablet, capsule, powder,
softgel, gelcap, or liquid form (e.g. hemp oil) to be used by the consumer to
infuse edible items at home for personal use or for topical application to the
skin or hair.
For
purposes of this chapter, a hemp product shall be considered as intended for
oral ingestion in liquid form only if it is formulated in a fluid carrier and
it is intended for ingestion in daily quantities measured in drops or similar
small units of measure per labeled directions for use.] an intermediate hemp product or a
finished hemp product."
4. By amending the definition of "manufacture" to read:
""Manufacture" means to compound, blend, [extract,]
infuse, or otherwise make or prepare a finished hemp product[, but]. "Manufacture" does not include
[planting,]:
(1) Planting,
growing, harvesting, or drying[, curing, grading, or trimming] a
hemp plant or part of a hemp plant[.]; or
(2) Extracting hemp extract from wet or dry biomass."
5. By amending the definition of "processing" to read:
""Processing" means making a
transformative change to the hemp plant following harvest by converting an
agricultural commodity into [a] an intermediate hemp product[.]
through extraction."
SECTION 5. Section 328G-2, Hawaii Revised Statutes, is amended to read as follows:
"§328G-2 Hemp processor registry;
application; removal from registry. (a) [No
person shall process hemp without first obtaining a license to produce hemp,
issued by the Secretary of the United States Department of Agriculture pursuant
to title 7 United States Code section 1639q.
(b)] No person shall
process hemp without being registered by the department as a hemp processor
pursuant to this part and any rules adopted pursuant [[]to[]]
this chapter.
[(c)] (b)
A person who intends to process hemp shall apply to the department for
registration on an application form created by the department.
[(d)] (c)
The applicant shall
provide, at a minimum[, the following information]:
(1) The applicant's name, mailing address, and phone number in Hawaii;
(2) The legal description of the land on which the hemp is to be processed or stored;
(3) A description of the enclosed indoor facility where hemp processing will occur;
(4) Documentation that
the indoor facility and planned hemp processing operation complies with all
zoning ordinances, building codes, and fire codes; and
[(5) Documentation
showing that the applicant has obtained a license to produce hemp, issued by
the Secretary of the United States Department of Agriculture pursuant to title
7 United States Code section 1639q; and
(6)] (5)
Any other information required by the department.
[(e)] (d) In addition to
the application form, each applicant shall submit a non-refundable application
fee established by the department. If
the fee does not accompany the application, the application for registration
shall be deemed incomplete.
[(f)] (e) Any incomplete application shall be denied.
[(g)] (f) Upon the department's receipt of a complete
and accurate application and remittal of the application fee, the applicant
shall be registered and shall be issued a certificate of registration to
process hemp.
[(h)] (g) The certificate of registration shall be
renewed annually by payment of the annual renewal fee to be determined by the
department.
[(i)] (h) Hemp processors shall allow any member of the
department, or any agent or third party authorized by the department, to enter
at reasonable times upon any private property in order to inspect, sample, and
test the hemp processing area, hemp products, equipment, facilities incident to
the processing or storage of hemp, and review all pertinent records.
[(j)] (i) The department may remove any person from the
registry for failure to comply with any law or regulation under this
chapter. It is the responsibility of the
hemp processor to make sure it is registered and legally allowed to process
hemp and in compliance with any and all laws and regulations. The removal of a hemp processor from the
registry shall be in accordance with the procedures set forth in section
328G-6."
SECTION 6. Section 328G-3, Hawaii Revised Statutes, is amended to read as follows:
"[[]§328G-3[]] Hemp processing; hemp product sale and
prohibitions; labeling. (a) No
hemp shall be processed into hemp products, nor shall any hemp processor hold
for processing or sale any hemp, unless lawfully obtained from a person
approved or otherwise authorized by applicable federal, state or local law to
cultivate hemp plants.
(b)
Hemp and hemp products shall be processed within an enclosed indoor
facility secured to prevent unauthorized entry.
Hemp, hemp products, and any toxic or otherwise hazardous by‑products
of hemp processing, or by-products, including but not limited to delta-9
tetrahydrocannabinol, shall be stored within an enclosed indoor facility,
secured to prevent unauthorized entry in a manner that prevents
cross-contamination and unintended exposures.
(c)
Hemp shall not be processed within [500] five hundred feet
of a pre-existing playground, school, state park, state recreation area,
residential neighborhood, hospital, or daycare facility.
(d) Hemp shall not be processed using butane in
an open system where fumes are not contained or by use of any other method of
processing the department determines poses a risk to health and safety.
[(e) No
person shall sell, hold, offer, or distribute for sale any food, as that term
is defined in section 328-1, into which a cannabinoid, synthetic cannabinoid,
hemp extract, hemp derivatives or other hemp product that has been added as an
ingredient or component. This section
shall not apply to hemp that is generally recognized as safe (GRAS) by FDA for
use in foods, as intended, in a public GRAS notification.
(f)]
(e) No person shall sell, hold,
offer, or distribute for sale any hemp product into which a synthetic
cannabinoid has been added.
[(g) No
person shall sell, hold, offer, or distribute for sale any cannabinoid products
used to aerosolize for respiratory routes of delivery, such as an inhaler,
nebulizer or other device designed for such purpose.
(h) No person shall sell, hold, offer, or
distribute for sale, any hemp leaf or hemp floral material that is intended to
be smoked or inhaled, including but not limited to hemp cigars or hemp
cigarettes.
(i)] (f) Except for hemp
products intended for external topical application to the skin or hair, no
person shall sell, hold, offer, or distribute for sale any products containing
hemp or hemp derivatives that are intended to be introduced via non‑oral
routes of entry to the body, including but not limited to, use in eyes, ears,
and nasal cavities.
[(j)]
(g) No person shall sell, hold,
offer or distribute for sale, hemp products without a label, in a form prescribed
by the department, affixed to the packaging that identifies the hemp product as
having been tested pursuant to department rules.
(h) No person shall sell, hold for sale, offer,
or distribute to persons younger than the age of twenty-one any cannabinoid
product used to aerosolize for respiratory routes of delivery, including any
inhaler, nebulizer, or other device designed for that purpose. An inhalable product shall not contain:
(1) Any flavoring,
other than natural terpenes;
(2) Polyethylene
glycol (PEG);
(3) Vitamin E
acetate;
(4) Medium chain
triglycerides (MCT) oil;
(5) Squalene;
(6) Squalane; or
(7) Any other substance that the department finds to be a danger to public health.
(i) No person shall sell, hold, offer or distribute
for sale any hemp product having a label that is attractive to underaged
persons."
SECTION 7. Section 328G-5, Hawaii Revised Statutes, is amended to read as follows:
"[[]§328G-5[]] Laboratory standards and testing;
certification. (a) The
department shall establish and enforce standards for laboratory-based testing
of the hemp products for content, contamination, and consistency.
(b) The department may certify laboratories and recognize certifications from other jurisdictions of laboratories that are qualified to test hemp products for quality control prior to sale.
(c) No less than once every three years, the
department shall hire or consult a toxicologist or consultant familiar with
hemp industry standards for the purpose of setting defined action limits or
exposure levels for different types of hemp products."
SECTION 8. Act 14, Session Laws of Hawaii 2020, as amended by Act 137, Session Laws of Hawaii 2022, is amended by amending section 9 to read as follows:
"SECTION 9. This Act shall take effect upon its approval,
and shall be repealed on July 1, [2025;] 2027; provided that the
definition of "marijuana" in section 329–1, Hawaii Revised Statutes,
and the definitions of "marijuana" and "marijuana
concentrate" in section 712–1240, Hawaii Revised Statutes, shall be
reenacted in the form in which they read on the day prior to the effective date
of this Act."
SECTION 9. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2023-2024 for the hiring of a toxicologist or consultant familiar with hemp industry standards for the purposes of 328G-5(c), Hawaii Revised Statutes, as amended by section 7 of this Act.
The sum appropriated shall be expended by the department of health for the purposes of this Act.
SECTION 10. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 11. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 12. This Act shall take effect on June 30, 3000, and shall be repealed on July 1, 2027.
Report Title:
Hemp Producers; Cannabis; Licensing; Labeling
Description:
Repeals redundant regulations on hemp production, which will reduce costs for the State and Hawaii farmers. Amends the hemp law in a manner that recognizes the unique constraints of Hawaii farmers, while protecting human health. Allows licensed hemp producers to sell hemp biomass. Requires and appropriates moneys for the department of health to hire or consult a toxicologist or consultant familiar with hemp industry standards for the purpose of setting defined action limits or exposure levels for different types of hemp products. Extends the State's hemp processor law through 7/1/2027. Repeals on 7/1/2027. Effective 6/30/3000. (HD2)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
