H.B. NO.














relating to industrial hemp.





     SECTION 1.  The legislature finds that phytoremediation is the environmentally-friendly science of using plants and trees to remove toxins in the soil, such as metals, pesticides, solvents, explosives, and crude oil.  These toxins can be reduced by planting specific plants and trees, called hyper-accumulators, in polluted areas.  Specifically, these plants and trees draw in the toxins, along with beneficial nutrients, through their roots as nourishment and concentrate them in their stems, shoots, and leaves, which can then be harvested and disposed of safely.  The nutrient uptake process leaves a clean, balanced, and nutrient rich soil, which can then be safely used for agriculture or improving conservation habitats.

     The legislature also finds that hemp is a superior phytoremediator because it grows quickly and can extract toxins without the need to remove any of the contaminated topsoil.  Other factors that make hemp a superior phytoremediator is its ability to grow unaffected by the toxins it accumulates, its fast rate of absorption, and its ability to bind compound contaminants from the air and the soil.  A factor that makes the State a particularly compelling candidate for hemp-based phytoremediation is that the State's extensive agricultural operations in the past have sometimes left toxins in vast tracts of land.  Phytoremediation will remove those toxins.

     The purpose of this Act is to authorize the board of agriculture to establish an industrial hemp remediation pilot program.

     SECTION 2.  (a)  The chair of the board of agriculture ("chair") is authorized to establish the industrial hemp remediation pilot program; provided that the United States Department of Justice, Drug Enforcement Administration, issues the chair a federally-controlled substance registration for the remediation pilot program.  Through the pilot program, the chair may determine how soils and water may be made more pristine and healthy by phytoremediation, removal of contaminants, and rejuvenation through the growth of industrial hemp.  The chair may choose a secure, indoor growing site for the pilot program.

     (b)  The chair may submit a final report, including any proposed legislation, to the legislature not later than twenty days prior to the convening of the regular session of 2015 on the following:

     (1)  The rate of contamination uptake from soil and water;

     (2)  The mode of efficient uptake from soil and water;

     (3)  The rate of carbon fixation in the Calvin cycle;

     (4)  The locations in the roots, stems, leaves, and flowers of the plants at which contaminants are fixated;

     (5)  What contaminants are stabilized in the plants;

     (6)  What contaminants on the site need additional treatment in order to make the soil or water healthy and pristine;

     (7)  What disposal method is best for the different contaminants, including petrification, encasement, incineration, burial, and composting;

     (8)  A baseline for plants cultivated in a clean soil; and

     (9)  Any other data deemed important by the chair.

     (c)  The chair may adopt rules to implement and set standards of participation for this pilot program.

     SECTION 3.  No person shall be subject to any civil or criminal sanctions in this State for growing or possessing industrial hemp; provided that the person's growing or possessing of industrial hemp is part of the individual's participation in the industrial hemp remediation pilot program and the person's participation is in full compliance with the requirements of the program.

     SECTION 4.  There is appropriated out of the general revenues of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2013-2014 and the same sum or so much thereof as may be necessary for fiscal year 2014-2015 for the industrial hemp remediation pilot program.

     The sums appropriated shall be expended by the department of agriculture for the purposes of this Act.

     SECTION 5.  This Act shall take effect on July 1, 2013, and shall be repealed on July 1, 2015.








Report Title:

Industrial Hemp; Pilot Program



Authorizes the Chair of the Board of Agriculture to establish an industrial hemp remediation pilot program.  Appropriates funds.




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