THIRTY-SECOND LEGISLATURE, 2023
STATE OF HAWAII
A BILL FOR AN ACT
relating to hemp.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that overregulation hinders the growth of the hemp industry, which otherwise could foster sustainable resources and food security in Hawaii, particularly with regard to the fiber, fuel and seed grain sectors. Hemp seeds are high in essential fatty acids, as well as vitamins E, B1, B2, B6, and D, calcium, magnesium, and potassium and contain more digestible proteins than meat, eggs, cheese, and milk, which is expected to drive their demand as a food. Hemp has been used as a biofuel for decades and has been proven to be a soil remediator. There are numerous projects in the State examining ways to make building materials from hemp and using hemp in affordable housing, but most of these projects have to import hemp due to the regulatory barriers to growing hemp in Hawaii.
The legislature further finds that hemp crops look more like traditional grain crops than their psychoactive counterpart, with tight spacing between the stalks, and are easily distinguishable from hemp crops grown for cannabinoids. There is little to zero risk of hemp fiber, fuel, and food grain producers harvesting a crop that exceeds the federal legal limit of 0.3 per cent Tetrahydrocannabinol, or THC. The testing and handling requirements that center on regulation increase costs and slow down growth of the hemp industry and, in effect, also the development and production of sustainable building materials, cloth, food, and fuel.
The legislature also understands that the United States Congress will be amending federal hemp cultivation laws in the near future to allow for exemptions with industrial hemp crops that are grown for fiber, fuel, or grain for food. The federal exemptions may include relief from testing and transportation requirements. The legislature recognizes the department of agriculture should be allowed to amend hemp cultivation rules to align with federal law when the United States Congress amends federal laws.
Accordingly, the purpose of this Act is to authorize the department of agriculture to amend state laws to align with federal laws as exemptions for hemp fiber, fuel, and food grain are passed by the United States Congress and ensure state rules do not exceed federal law by applying the provisions of federal law as defined under 7 C.F.R. 990, "Establishment of a Domestic Hemp Production Program, Final Rule, which explicitly defines regulations for hemp production.
SECTION 2. Section 141-42, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) It shall be legal for an individual or entity
to 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
(3) Hemp shall not be grown within 500 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 shall not be grown within [
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[
except for a home or dwelling that is part of an United States Department of
Agriculture licensed production area."
SECTION 3. Section 141-43, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) The department of agriculture shall adopt
rules pursuant to chapter 91 to effectuate the purpose of this part, including
any rules necessary to address any nuisance issues, including smell, noise, and
excessive lighting arising out of the activities of hemp growers licensed under
the State's industrial hemp pilot program who grow hemp within areas prohibited
under section 141-42(a)(3) and (4). The
rules may align with federal exemptions for hemp fiber, fuel, and seed grain
crops but shall not exceed federal law on the regulation of hemp production in
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
Hemp Producers; Commercial Hemp Production; Cultivation
Gives authority to the Department of Agriculture to align state hemp production administrative rules with federal law, with regard to exemptions for fiber, fuel, and seed grain hemp crops.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.