HOUSE OF REPRESENTATIVES |
H.B. NO. |
1364 |
THIRTY-FIRST LEGISLATURE, 2021 |
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STATE OF HAWAII |
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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: |
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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.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.