REPORT TITLE:
Industrial hemp research


DESCRIPTION:
Defines "industrial hemp."  Authorizes the State to allow
privately-funded industrial hemp research in Hawaii when the
department of public safety (DPS) issues a controlled substance
registration, and the U.S. Department of Justice, Drug
Enforcement Administration (DEA), issues a federally-controlled
substance registration for research on the agronomic potential of
industrial hemp.  Authorizes DPS, in cooperation with the DEA and
the appropriate county law enforcement agency, to monitor all
phases of the research.  Makes it an affirmative defense to a
prosecution for the possession or cultivation of marijuana that
the defendant was conducting industrial hemp research pursuant to
this bill and the defendant had valid controlled substance
registrations.  (HB32 CD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        32
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 2
TWENTIETH LEGISLATURE, 1999                                S.D. 2
STATE OF HAWAII                                            C.D. 1
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO AGRICULTURE.



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

 1      SECTION 1.  The purpose of this Act is to allow privately
 
 2 funded industrial hemp research to be conducted in Hawaii only
 
 3 when the department of public safety issues a controlled
 
 4 substance registration and the United States Department of
 
 5 Justice, Drug Enforcement Administration, issues a federally-
 
 6 controlled substance registration for research on the agronomic
 
 7 potential of industrial hemp.
 
 8      SECTION 2.  Chapter 712, Hawaii Revised Statutes, is amended
 
 9 by adding a new section to be appropriately designated and to
 
10 read as follows:
 
11      "712-    Affirmative defense for the possession or
 
12 cultivation of marijuana.  (1)  It shall be an affirmative
 
13 defense to a prosecution for the possession or cultivation of
 
14 marijuana under section 712-1247, 712-1248, 712-1249, 712-1249.4,
 
15 or 712-1249.5 that:
 
16      (a)  The defendant was conducting industrial hemp research
 
17           pursuant to Act   , Session Laws of Hawaii 1999;
 
18      (b)  The defendant had valid controlled substance
 
19           registrations from the department of public safety and
 
20           the United States Department of Justice, Drug
 

 
Page 2                                                     32
                                     H.B. NO.           H.D. 2
                                                        S.D. 2
                                                        C.D. 1

 
 1           Enforcement Administration, to conduct the research;
 
 2           and
 
 3      (c)  The defendant has fully complied with all the
 
 4           conditions of the controlled substance registrations.
 
 5      (2)  This section shall not be an affirmative defense to a
 
 6 charge for the distribution of marijuana."
 
 7      SECTION 3.  As used in this Act, unless the context
 
 8 otherwise requires:
 
 9      "Industrial hemp" and "cannabis" mean the schedule I
 
10 substance marijuana as defined in section 329-1, Hawaii Revised
 
11 Statutes.
 
12      SECTION 4.  (a)  The State may allow privately-funded
 
13 industrial hemp research to be conducted in Hawaii when:
 
14      (1)  The department of public safety issues a controlled
 
15           substance registration; and 
 
16      (2)  The United States Department of Justice, Drug
 
17           Enforcement Administration, issues a federally-
 
18           controlled substance registration for research on the
 
19           agronomic potential of industrial hemp.
 
20      (b)  The department of public safety, in cooperation with
 
21 the United States Department of Justice, Drug Enforcement
 
22 Administration, and the appropriate county law enforcement
 
23 agency, may monitor all phases of the industrial hemp research.
 

 
Page 3                                                     32
                                     H.B. NO.           H.D. 2
                                                        S.D. 2
                                                        C.D. 1

 
 1      (c)  During the course of the research, the principals
 
 2 responsible for the research shall:
 
 3      (1)  Submit a detailed copy of the research proposal and
 
 4           quarterly status reports to the appropriate county law
 
 5           enforcement agency; and
 
 6      (2)  Submit annual status reports to the legislature prior
 
 7           to the convening of each regular session.
 
 8      SECTION 5.  New statutory material is underscored.
 
 9      SECTION 6.  This Act shall take effect upon its approval,
 
10 and shall be repealed on June 30, 2002.