141-33 Licensing. (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) The cultivated variety that will be sown;

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

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

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

(9) 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) 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) 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.

(b) An application may be submitted to the board at any time during the year in which the applicant plans to grow industrial hemp and shall be signed by the applicant or, in the case of a business entity, one of its officers, directors, or partners, as the case may be, and indicate that all information and documents submitted in support of the application are correct and complete to the best of the applicant's knowledge.

(c) Any incomplete application for a license shall be denied.

(d) In addition to the application form, each applicant for a license shall submit a fee set by the chairperson. If the fee does not accompany the application, the application for a license will be deemed incomplete.

(e) The annual license fee for production of industrial hemp shall be $250 plus $2 per acre. Moneys collected from license fees shall be used to cover the costs of implementing, administering, and enforcing this part.

(f) All licenses shall be valid for two years from the date of issuance, after which the licensee shall renew the license and pay the renewal fee, to be established by rules of the board.

(g) Any licensee who wishes to alter the growing areas on which the licensee will conduct industrial hemp cultivation shall, before altering the area, submit to the board an updated address, global positioning system location, and map specifying the proposed alteration. If the chairperson receives and approves the updated information, the chairperson shall notify the licensee in writing that the licensee may cultivate industrial hemp on the altered land area.

(h) A licensee that wishes to change the seed cultivar grown shall submit to the chairperson the name of the new, approved seed cultivar to be grown. If the chairperson receives and approves the change to the seed cultivar, the chairperson shall notify the licensee that the licensee may cultivate the new, approved seed cultivar.

(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.

(j) The cultivation of industrial hemp in accordance with this part shall qualify as an agricultural product, use, and activity by each relevant county for the effective period of the license.

(k) Any agricultural land used for the cultivation of industrial hemp in accordance with this part shall:

(1) Qualify for the minimum dedication period; and

(2) Be assessed at the lowest percentage of fair market value or other calculation provided for by ordinance,

for the effective period of the license.

(l) The cultivation of industrial hemp in accordance with this part shall be limited to licensed owners, lessees, or occupiers of lands situated within the state agricultural land district. [L 2016, c 228, pt of 2; am L 2017, c 199, 2]



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