Hawaii-2016-SB2700-Introduced

SECTION 1. The legislature finds that the University of Hawaii's research on hemp shows there is significant potential for a successful hemp agricultural industry in Hawaii. The legislature also finds that several agricultural crops have been lost in recent years and the state will benefit from the growth of industrial hemp.

In addition to creating new agricultural commerce hemp is also beneficial in removing toxins from the soil (phytoremediation). Phytoremediation is important to the State because the State's past agricultural operations have left toxins in vast tracts of land which can be removed by phytoremediation. Hemp grows quickly and is a superior phytoremediation crop.

The legislature also finds that industrial hemp is an environmentally friendly and efficient feedstock for biofuel. Existing biodiesel plants meet eight percent of the State's biodiesel needs for ground transportation. The efficiency of the biodiesel plants could be increased by utilizing industrial hemp as feedstock and use less imported fuel.

In addition, industrial hemp can be made into clothing and used in other products to promote the growth of small businesses.

The purpose of this Act is to define industrial hemp, authorize the growth of industrial hemp as an agricultural product, and authorize the department of agriculture to grant licenses for the growth of industrial hemp, and to exclude industrial hemp from the definition of marijuana and exclude it from the definition of illegal drugs.

SECTION 2. Section 141, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

""Industrial hemp" means all parts and varieties of the plant Cannabis sativa L. containing no greater than 0.3% tetrahydrocannabinol."

SECTION 3. Chapter 141, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§141- Industrial hemp that has no more than 0.3% tetrahydrocannabinol is considered an agricultural crop in this state. Upon meeting the requirements of 80-18-103, an individual in this state may plant, grow, harvest, possess, process, sell, or buy industrial hemp if the industrial hemp does not contain more than 0.3% tetrahydrocannabinol."

SECTION 4. Chapter 141, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§141- Industrial hemp that has no more than 0.3% tetrahydrocannabinol is considered an agricultural crop in this state. Upon meeting the licensing requirements as set forth by the department of agriculture an individual in this state may plant, grow, harvest, possess, process, sell, or buy industrial hemp if the industrial hemp does not contain more than 0.3% tetrahydrocannabinol.

(a) 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 possession of industrial hemp is in accordance with the license and guidelines as set by the department of agriculture."

SECTION 4. Section 712-1240, Hawaii Revised Statutes, is amended to read as follows:

"§712-1240 Definitions of terms in this part. In this part, unless a different meaning plainly is required:

"Dangerous drugs" means any substance or immediate precursor defined or specified as a "Schedule I substance" or a "Schedule II substance" by chapter 329, or a substance specified in section 329-18(c)(14), except marijuana, [or] marijuana concentrate[.], or industrial hemp.

"Detrimental drug" means any substance or immediate precursor defined or specified as a "Schedule V substance" by chapter 329, or any marijuana[.] excluding industrial hemp.

"Dosage unit" for purposes of section 712-1241 and section 712-1242 means an entity designed and intended for singular consumption or administration.

"Harmful drug" means any substance or immediate precursor defined or specified as a "Schedule III substance" or a "Schedule IV substance" by chapter 329, or any marijuana concentrate except marijuana and a substance specified in section 329-18(c)(14).

"Immediate precursor" means a substance which the department of health, State of Hawaii, has found to be and by rule designates as being the principal compound commonly used or produced primarily for use, and which is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled substance, the control of which is necessary to prevent, curtail, or limit manufacture.

"Intoxicating compounds" means any compound, liquid or chemical containing toluol, hexane, trichloroethylene, acetone, toluene, ethyl acetate, methyl ethyl ketone, trichloroethane, isopropanol, methyl isobutyl ketone, methyl cellosolve acetate, cyclohexanone, or any other substance for the purpose of inducing a condition of intoxication, stupefaction, depression, giddiness, paralysis or irrational behavior, or in any manner changing, distorting or disturbing the auditory, visual or mental processes. For the purposes of this section, any such condition so induced shall be deemed to be an intoxicated condition.

"Intoxicating liquor" means any substance defined as "liquor" or "intoxicating liquor" by section 281-1.

"Manufacture" means to produce, prepare, compound, convert, or process a dangerous drug, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical conversion or synthesis.

"Marijuana" means any part of the plant (genus) cannabis, whether growing or not, including the seeds and the resin, and every alkaloid, salt, derivative, preparation, compound, or mixture of the plant, its seeds or resin, except that, as used herein, "marijuana" does not include industrial hemp, hashish, tetrahydrocannabinol, and any alkaloid, salt, derivative, preparation, compound, or mixture, whether natural or synthesized, of tetrahydrocannabinol.

"Marijuana concentrate" means hashish, tetrahydrocannabinol, or any alkaloid, salt, derivative, preparation, compound, or mixture, whether natural or synthesized, of tetrahydrocannabinol[.] excluding industrial hemp.

"Minor" means a person who has not reached the age of majority.

"Ounce" means an avoirdupois ounce as applied to solids and semi-solids, and a fluid ounce as applied to liquids.

"Practitioner" means[:]

(1) A physician, dentist, veterinarian, scientific investigator, or other person licensed, registered, or otherwise permitted to distribute, dispense, prescribe, conduct research with respect to or to administer a controlled substance in the course of professional practice or research in this State.

(2) A pharmacy, hospital, or other institution licensed, registered, or otherwise permitted to distribute, dispense, prescribe, conduct research with respect to or to administer a controlled substance in the course of professional practice or research in this State.

"To distribute" means to sell, transfer, prescribe, give, or deliver to another, or to leave, barter, or exchange with another, or to offer or agree to do the same.

"To sell" means to transfer to another for consideration."

SECTION 5. Section 329-1 is amended by amending the definition of "marijuana" to read as follows:

""Marijuana" means all parts of the plant (genus) Cannabis whether growing or not; the seeds thereof, the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. It does not include the mature stalks of the plant, fiber produced from the stalks, oil, or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mixture stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination[.], or hemp."

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	2700
TWENTY-EIGHTH LEGISLATURE, 2016
STATE OF HAWAII