Bill Text: HI HB939 | 2020 | Regular Session | Introduced

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Bill Title: Relating To Industrial Hemp.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2019-12-01 - Carried over to 2020 Regular Session. [HB939 Detail]

Download: Hawaii-2020-HB939-Introduced.html

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HOUSE OF REPRESENTATIVES	H.B. NO.	939
THIRTIETH LEGISLATURE, 2019
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO INDUSTRIAL HEMP.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  Act 228, Session Laws of Hawaii 2016, established a temporary industrial hemp pilot program to allow the cultivation of industrial hemp and distribution of its seed in Hawaii through limited activities by persons and entities granted licenses by the chairperson of the board of agriculture.  Pursuant to Act 228, these licensees are limited agents of the board of agriculture for purposes of agricultural or academic research and must "conduct all agricultural operations in a lawful manner consistent with the standards befitting of an official of the State."  The legislature finds that licensees and their authorized representatives who have been subject to a civil penalty or disciplinary sanction for violating program laws and rules should be precluded from obtaining a new or renewed license under the same or different name.  The legislature further finds that given the program's temporary duration, the timeline for growing and cultivating hemp, and the department of agriculture's limited resources to monitor and regulate this program, the chairperson of the board of agriculture should have the authority to limit the number of licenses it issues in order to effectively carry out the purposes of the industrial hemp pilot program.

     The purposes of this Act are to:

     (1)  Prevent individuals and entities who have been subject to a civil penalty or disciplinary sanction for violating program laws and rules from obtaining a new or renewed license under the same or different name;

     (2)  Require applicants to provide proof of the landowner's consent to the usage of the prospective licensed land area for hemp growth for the duration of the license; and

     (2)  Allow the chairperson of the board of agriculture to limit the number of licenses it issues in order to effectively carry out the purposes of the industrial hemp pilot program.

     SECTION 2.  Section 141-31, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

     ""Authorized representative" includes an applicant's or licensee's partners, officers, directors, and members, and all persons with access to the applicant's or licensee's hemp growing area or hemp plants, plant materials, or seeds."

     SECTION 3.  Section 141-33, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  Each applicant for an industrial hemp license shall submit a signed, complete, accurate, and legible application form provided by the board and shall include the following:

     (1)  The applicant's name, mailing address, and phone number in Hawaii and, if applicable, electronic mail address;

     (2)  If the applicant is an individual or partnership, the date of birth of the individual or partners;

     (3)  If the applicant is any business entity other than an individual, partnership, or institution of higher education, documentation that the entity is authorized to do business in Hawaii;

     (4)  A list of the applicant's partners, officers, directors, and members, all persons with access to the growing area or hemp plants, plant materials, or seeds, and any other authorized representative;

    [(4)] (5)  The cultivated variety that will be sown;

    [(5)] (6)  The source and amount of certified seed to be used;

    [(6)] (7)  The number of acres to be cultivated for seed, viable grain, industrial products, or any combination thereof;

    [(7)] (8)  The global positioning system coordinates in decimal degrees from the central most point of the growing area to be cultivated and a map showing the location of the growing area in terms of its address or legal description;

    [(8)] (9)  A statement that the applicant is the owner, lessee, or occupier of the growing area to be used for the cultivation [or] and a statement, signed by the owner of the growing area, indicating that the owner has consented to that use;

    [(9)] (10)  The address of the place in Hawaii where the applicant will keep the records, books, electronic data, or other documents that are required by this part;

   [(10)] (11)  The name and address of each place where the industrial hemp is to be stored, sold, or provided, indicating for each place the form of the industrial hemp; and

   [(11)] (12)  The applicant's acknowledgment and agreement to the following terms and conditions:

          (A)  Any information obtained by the board may be publicly disclosed and provided to law enforcement agencies without further notice to the applicant or licensee;

          (B)  The applicant agrees to allow any inspection and sampling that the board deems necessary;

          (C)  The applicant agrees to pay for any sampling and analysis costs that the board deems necessary;

          (D)  The applicant agrees to submit all required reports by the applicable due dates specified by the board; and

          (E)  The applicant and any partner, directors, or members have not been convicted of any felony related to the possession, production, sale, or distribution of a controlled substance in any form in this or any other country."

     SECTION 4.  Section 141-33, Hawaii Revised Statutes, is amended by amending subsection (i) to read as follows:

     "(i)  If the chairperson determines that the requirements for a license pursuant to this part are satisfied, the chairperson shall issue a license to the applicant[.]; provided that the chairperson may limit the number of licenses to be issued to carry out the purposes of the industrial hemp pilot program."

     SECTION 5.  Section 141-38, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§141-38[]]  Violations.  (a)  In addition to any other violations of this part, the following acts and omissions by any licensee or authorized representative thereof constitute violations for which civil penalties up to $500 and disciplinary sanctions, including denial or revocation of a license, may be imposed by the chairperson:

     (1)  Refusal or failure by a licensee or authorized representative to fully cooperate and assist the board with the inspection process;

     (2)  Failure to provide any information required or requested by the board for purposes pursuant to this part;

     (3)  Providing false, misleading, or incorrect information pertaining to the licensee's cultivation of industrial hemp to the chairperson by any means, including but not limited to information provided in any application form, report, record, or inspection required or maintained pursuant to this part;

     (4)  Growing industrial hemp that when tested is shown to have a delta-9 tetrahydrocannabinol concentration greater than 0.3 per cent on a dry weight basis or a tetrahydrocannabinol concentration allowed by federal law, whichever is greater;

     (5)  Failure to pay fees assessed by the chairperson for inspection or laboratory analysis costs; or

     (6)  Possessing, outside of a field of lawful cultivation, resin, flowering tops, or leaves that have been removed from the hemp plant; provided that the presence of a de minimis amount, or insignificant number, of hemp leaves or flowering tops in hemp bales that result from the normal and appropriate processing of industrial hemp shall not apply to this paragraph.

     (b)  Applications for a new or renewed license, whether under the same or different name of a previous or current licensee, shall not be approved if the applicant or any authorized representative thereof has been subject to a civil penalty or disciplinary sanction under this section."

     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:	_____________________________
	BY REQUEST

 

 

Report Title:

Industrial Hemp Pilot Program; Licenses

 

Description:

Prevents re-licensing of previously violative entities, requires landowner consent to hemp growth on the land prior to licensure, and allows the Chairperson of the Board of Agriculture to limit the number of licenses allotted for proper program management.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.