HOUSE OF REPRESENTATIVES

H.B. NO.

1364

THIRTY-FIRST LEGISLATURE, 2021

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO HEMP.

 

 

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

 


SECTION 1. Section 141-42, Hawaii Revised Statutes, is amended to read as follows:

"[[]141-42[]] Commercial hemp production. (a) [It shall be legal for an] An individual or entity [to] may produce hemp, as defined in title 7 United States Code section 1639o, if that individual or entity has a license to produce hemp[,] issued by the Secretary of the United States Department of Agriculture pursuant to title 7 United States Code section 1639q; provided that:

(1) Any person convicted of a felony related to a controlled substance under state or federal law is prohibited from producing hemp, or being a key participant in an entity producing hemp, for a period of ten years following the date of conviction;

(2) Hemp shall not be grown outside of a state agricultural district;

(3) Hemp authorized to be produced pursuant to this section shall not be grown within [500] one hundred feet of pre-existing real property comprising a playground, childcare facility, or school; provided that this restriction shall not apply to an individual or entity licensed to grow hemp in those areas under the State industrial hemp pilot program prior to August 27, 2020;

(4) Hemp authorized to be produced pursuant to this section shall not be grown within [500] one hundred feet of any pre-existing house, dwelling unit, residential apartment, or other residential structure that is not owned or controlled by the license holder; provided that this restriction shall not apply to an individual or entity licensed to grow hemp in those areas under the State industrial hemp pilot program prior to August 27, 2020; and

(5) Hemp shall not be grown in any house, dwelling unit, residential apartment, or other residential structure[.] not under the control of the licensee.

(b) An individual or entity licensed to produce hemp pursuant to paragraph (a) may transport hemp within the State to a facility authorized by law to process hemp or to another licensed producer's grow area[,]; provided that[:

(1) The] the hemp to be transported has passed all compliance testing required by the United States Department of Agriculture[; and

(2) The transportation has been authorized by the department. The department may require movement reports, inspections, sampling, and testing of the hemp to be transported and may deny authorization if the hemp is found to not comply with any law or regulation].

(c) An individual or entity licensed to produce hemp pursuant to paragraph (a) may sell whole, unprocessed hemp leaves to consumers; provided that:

(1) The hemp to be sold has passed all compliance testing required by the United States Department of Agriculture; and

(2) There shall be a label, in a form prescribed by the department, affixed to each leaf or each bundle of leaves sold to each consumer that states the words "Hawaii Grown Hemp".

[(c)] (d) An individual or entity licensed to produce hemp pursuant to paragraph (a) may export hemp; provided that:

(1) The hemp to be exported has passed all compliance testing required by the United States Department of Agriculture; [and]

(2) There shall be a label, in a form prescribed by the department, affixed to each leaf or each bundle of leaves exported that states the words "Hawaii Grown Hemp"; and

[(2)] (3) The licensed producer complies with all laws relating to the exportation of hemp, including state and federal laws and the laws of the state or country of import.

[(d)] (e) Any individual or entity who violates this section or any rule adopted pursuant to this section shall be fined not more than $10,000 for each separate offense. Any notice of violation of this section may be accompanied by a cease and desist order, the violation of which constitutes a further violation of this section. Any action taken to collect the penalty provided for in this subsection shall be considered a civil action.

[(e)] (f) For any judicial proceeding to recover an administrative penalty imposed by order or to enforce a cease and desist order against a hemp producer, the department may petition any court of appropriate jurisdiction and need only show that:

(1) Notice was given;

(2) A hearing was held or the time granted for requesting a hearing has expired without such a request;

(3) The administrative penalty was imposed on the individual or entity producing hemp; and

(4) The penalty remains unpaid or the individual or entity continues to produce hemp."

SECTION 2. Section 328G-3, Hawaii Revised Statutes, is amended by amending subsection (j) to read as follows:

"(j) No person shall sell, hold, offer or distribute for sale, or export a hemp [products] product without a label, in a form prescribed by the department, affixed to the packaging that [identifies]:

(1) Identifies the hemp product as having been tested [pursuant to department rules.] as required by the United States Department of Agriculture; and

(2) States the words "Hawaii Grown Hemp" if the hemp contained in the hemp product was produced in the State."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect on July 1, 2021.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Hemp; Buffer Zones; Leaves; Consumers; Labels

 

Description:

Reduces from 500 feet to 100 feet the buffer zones for commercial hemp production and processing. Authorizes hemp to be grown at a residential property under the control of a person licensed under federal law to produce hemp. Repeals authorization from the state department of agriculture as a prerequisite to transport hemp. Authorizes commercial hemp producers to sell whole, unprocessed hemp leaves to consumers, subject to certain requirements. Requires labels that disclose that leaves and hemp products were from hemp grown in the State. Replaces the referenced testing standard authority on labels for hemp products.

 

 

 

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