Industrial Hemp

Defines "industrial hemp"; allows privately-funded industrial
hemp research to be conducted in Hawaii under certain conditions;
requires monitoring by department of public safety; requires
reporting to county law enforcement and the legislature; exempts
agronomic data derived from research from disclosure under
chapter 92F, HRS. (SD2)

HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 2
TWENTIETH LEGISLATURE, 1999                                S.D. 2
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 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 state department of public safety, narcotics enforcement
 4 division, issues a controlled substance registration, and the
 5 United States Department of Justice, Drug Enforcement
 6 Administration, issues a federally-controlled substance
 7 registration for research on the agronomic potential of
 8 industrial hemp.
 9      SECTION 2.  (a)  As used in this Act, "industrial hemp"
10 means "marijuana" that contains .3 per cent or less of
11 tetrahydrocannabinols, and the mature stalks of the plant, fiber
12 produced from the stalks, oil, or cake made from the seeds of the
13 plant, any other compound, manufacture, salt, derivative,
14 mixture, or preparation of the mature stalks (except the resin
15 extracted therefrom), fiber, oil, or cake, or the sterilized seed
16 of the plant which is incapable of germination.
17      (b)  Notwithstanding any other law to the contrary, the
18 State may allow privately-funded industrial hemp research to be
19 conducted in Hawaii when the State department of public safety
20 issues a controlled substance registration, and the United States

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

 1 Department of Justice, Drug Enforcement Administration, issues a
 2 federally-controlled substance registration for research on the
 3 agronomic potential of industrial hemp.
 4      (c)  The department of public safety, in cooperation with
 5 the Drug Enforcement Administration and the appropriate county
 6 law enforcement agency, shall monitor all phases of 
 7 this research.
 8      (d)  During the course of the research, the principals
 9 responsible for the research shall:
10      (1)  Submit a detailed copy of the research proposal and
11           quarterly status reports to the appropriate county law
12           enforcement agency; and
13      (2)  Submit annual status reports to the legislature prior
14           to the convening of each regular session.
15      (e)  All agronomic data derived from the privately-funded
16 industrial hemp research allowed by this Act and maintained by a
17 government agency shall not be subject to disclosure pursuant to
18 chapter 92F, Hawaii Revised Statutes, when data is proprietary in
19 nature and disclosure of it would frustrate a legitimate
20 government or law enforcement function.
21      SECTION 4.  New statutory material is underscored.
22      SECTION 5.  This Act shall take effect on April 4, 1944 and
23 shall be repealed on June 30, 1998.