Bill Text: HI SB1589 | 2024 | Regular Session | Introduced
Bill Title: Relating To The Establishment Of A Hemp Task Force.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced) 2023-12-11 - Carried over to 2024 Regular Session. [SB1589 Detail]
Download: Hawaii-2024-SB1589-Introduced.html
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THE SENATE |
S.B. NO. |
1589 |
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THIRTY-SECOND LEGISLATURE, 2023 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to the Establishment of a hemp task force.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
The legislature also finds that, although hemp is a high-value crop that has the potential to bring significant and diverse revenues to Hawaii, the industry has been significantly stymied in Hawaii due to several factors, including limitations to Hawaii farmer's access to markets and overregulation of farming, production, and processing, which has often driven Hawaii hemp farmers out of business, made farmers non-competitive, and has also created challenges for hemp building and housing and biofuel projects. Moreover, Hawaii is the only state in the union where hemp production and farming is heavily regulated at both the state and federal levels.
The legislature further finds that the department of agriculture and department of health have worked to be responsive to changing federal and state hemp regulations and that a forum that provides an opportunity for regular interface with a cross-section of the Hawaii hemp industry and experts can help identify data that will make department of agriculture and department of health administrative rule implementation easier, potentially saving agency time and resources.
Accordingly, the purpose of this Act is to establish a hemp industry task force to include members of the Hawaii hemp industry and representatives from the department of agriculture and the department of health to compile information from farmers and industry experts inside and outside Hawaii as to how to best build a hemp industry that supports rural agricultural development in the State.
SECTION 2. Section 141-42, Hawaii Revised Statutes, is amended to read as follows:
"[[]§141-42[]] Commercial hemp production. (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
agricultural district;
(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 500 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.
(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 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 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) 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) 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) 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.
(f) A Hawaii hemp task force shall be jointly convened
by the department of agriculture and the department of health to gather data
and information to understand industry needs and inform strategies and actions
that support Hawaii agriculture and a robust hemp industry in Hawaii. The task force:
(1) Shall
include hemp producers from each island proportionate to the total number of
United States Department of Agriculture hemp licenses in the State and a
representative from each of the fuel, building, general fiber, cannabinoid, and
grain food sectors;
(2) May
ask for data and information from additional sources, including but not limited
to hemp economists, regulators in other states, retailers, farmers, and hemp
industry groups outside of Hawaii;
(3) Shall
jointly develop an outline of farmer and industry needs and the strategies and
actions that can help inform public policy concerning the development of a hemp
industry in the State that also supports rural agricultural development in the
State;
(4) Shall
submit a report of its findings and recommendations, including any proposed
legislation, to the legislature no later than twenty days prior to the
convening of the regular session of 2024; and
(5) Shall cease to exist on August 30, 2024.
The initial meeting of the task force shall occur no later than sixty days after the effective date of this Act, during which the members shall elect a chair and any other necessary officers from among the appointed members.
Members of the task force shall receive no compensation for their duties and shall not be subject to section 84-17, solely based on their participation on the task force. The task force shall be exempt from chapter 92."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Hemp Industry Task Force; Hemp Producers; Commercial Hemp Production; Rural Economic Development
Description:
Establishes a Hawaii Hemp Task Force to inform public policy and identify methods and actions to best support Hawaii agriculture and build a hemp industry to support rural economic development.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
