Hawaii-2018-HB773-Introduced

SECTION 1. The legislature finds that industrial hemp is beneficial to human consumption, animal feed, soil remediation, carbon sequestration, manufacturing of plastics, and housing construction. The United States has traditionally grown hemp; George Washington and Thomas Jefferson were hemp farmers. The United States government produced a film in 1942 called Hemp for Victory encouraging farmers to grow hemp due to a shortage of fibers during World War II. Industrial hemp, by definition, has an insignificant trace amount of THC (tetrahydrocannabinol), the primary psychoactive ingredient in marijuana, which does not allow the user of industrial hemp to experience the traditional "high" associated with marijuana. Possession and cultivation of industrial hemp is currently categorized as a class A felony drug offense due to its physical resemblance to the marijuana plant.

The legislature further finds that the University of Hawaii's research on hemp shows there is significant potential for a successful hemp agricultural industry in Hawaii. The legislature also finds that several agricultural crops have been lost in recent years and the State will benefit from the growth of industrial hemp. In addition to creating new agricultural commerce, hemp is also beneficial in removing toxins from the soil, a process called phytoremediation. Phytoremediation is important to the State because the State's past agricultural operations have left toxins in vast tracts of land, but phytoremediation can remove some of these toxins. Hemp grows quickly and is a superior phytoremediation crop.

The purpose of this Act is to authorize the growth of industrial hemp as an agricultural product by excluding the growing, possession, processing, and selling of industrial hemp from civil and criminal penalties.

SECTION 2. Chapter 141, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§141- Industrial hemp. No person shall be subject to any civil or criminal sanctions in this State for planting, growing, harvesting, possessing, processing, selling, or buying industrial hemp, as defined in section 712-1240."

SECTION 3. Section 329-1, Hawaii Revised Statutes, is amended as follows:

1. By adding a new definition to be appropriately inserted and to read:

""Industrial hemp" shall have the same meaning as in section 712-1240."

2. By amending the definition of "marijuana" to read:

""Marijuana" means all parts of the plant (genus) Cannabis whether growing or not; the seeds thereof, the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. It does not include the mature stalks of the plant, fiber produced from the stalks, oil, or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, [or] the sterilized seed of the plant which is incapable of germination[.], or industrial hemp."

SECTION 4. Section 712-1240, Hawaii Revised Statutes, is amended as follows:

1. By adding a new definition to be appropriately inserted and to read:

""Industrial hemp" means the plant Cannabis sativa L. and any part of that plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 per cent on a dry weight basis or a tetrahydrocannabinol concentration allowed by federal law, whichever is greater, that is cultivated."

2. By amending the definitions of "dangerous drugs", "harmful drug", "marijuana", and "marijuana concentrate" to read:

""Dangerous drugs" means any substance or immediate precursor defined or specified as a "Schedule I substance" or a "Schedule II substance" by chapter 329, or a substance specified in section 329-18(c)(14), except marijuana [or], marijuana concentrate[.], or industrial hemp.

"Harmful drug" means any substance or immediate precursor defined or specified as a "Schedule III substance" or a "Schedule IV substance" by chapter 329, or any marijuana concentrate except marijuana [~~and~~], a substance specified in section 329-18(c)(14)[.], and industrial hemp.

"Marijuana" means any part of the plant (genus) cannabis, whether growing or not, including the seeds and the resin, and every alkaloid, salt, derivative, preparation, compound, or mixture of the plant, its seeds or resin, except that, as used herein, "marijuana" does not include industrial hemp, hashish, tetrahydrocannabinol, and any alkaloid, salt, derivative, preparation, compound, or mixture, whether natural or synthesized, of tetrahydrocannabinol.

"Marijuana concentrate" means hashish, tetrahydrocannabinol, or any alkaloid, salt, derivative, preparation, compound, or mixture, whether natural or synthesized, of tetrahydrocannabinol[.], excluding industrial hemp."

SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	773
TWENTY-NINTH LEGISLATURE, 2017
STATE OF HAWAII