Bill Text: HI SB2787 | 2016 | Regular Session | Amended
Bill Title: Industrial Hemp; Marijuana
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Engrossed - Dead) 2016-03-10 - Referred to AGR, JUD, FIN, referral sheet 26 [SB2787 Detail]
Download: Hawaii-2016-SB2787-Amended.html
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THE SENATE |
S.B. NO. |
2787 |
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TWENTY-EIGHTH LEGISLATURE, 2016 |
S.D. 2 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO INDUSTRIAL HEMP.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that industrial hemp is a suitable crop for Hawaii that will contribute to the future viability of the State's agricultural industry. According to estimates by the Hemp Industries Association, retail sales of industrial hemp products in the United States have grown steadily since 1990 to more than $620,000,000 annually in 2014. California manufacturers of hemp products currently import tens of thousands of acres' worth of hemp seed, oil, and fiber products from around the world that could be produced by American farmers at a more competitive price. Additionally, the intermediate processing of hemp seed, oil, food ingredients, and fiber could create jobs in close proximity to the fields of cultivation.
As a food crop, industrial hemp seeds and oil have high nutritional value, including healthy fats and protein. As a fiber crop, industrial hemp can be used in the manufacture of clothing, building supplies, animal bedding, and other products. As a fuel crop, industrial hemp seeds can be processed into biodiesel energy, and stalks can be pelletized or flaked for burning or processed for cellulosic ethanol.
The purpose of this Act is to:
(1) Legalize industrial hemp as an agricultural product; and
(2) Promote research and development of markets for industrial hemp.
SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:
"Chapter
industrial hemp
§ -1 Purpose. The purpose of this chapter is to establish appropriate policies and procedures related to the production of industrial hemp in the State.
§ -2 Definitions. As used in this chapter:
"Department" means the department of agriculture.
"Grower" means any person or business entity licensed under this chapter as an industrial hemp grower.
"Hemp products" means all products made from industrial hemp, including but not limited to cloth, cordage, fiber, food, fuel, paint, paper, particle board, plastics, seed, seed meal, seed oil, and certified seed for cultivation, if the seeds originate from industrial hemp varieties.
"Industrial hemp" shall have the same meaning as in section 329-1.
§ -3 Industrial hemp; agricultural production. Industrial hemp is an agricultural product that may be grown, produced, possessed, and commercially traded in the State to produce hemp products pursuant to this chapter.
§ -4 Licensing; application. (a) Any person or business entity that engages in the production of industrial hemp shall be licensed as an industrial hemp grower by the department. A license from the department authorizes industrial hemp production only at a site or sites specified by the license.
(b) A license from the department shall be valid for twenty-four months from the date of issuance. The license may be renewed and is not transferable. A person who has been convicted of a felony offense in the State or a comparable offense in another jurisdiction shall not be eligible for a license under this chapter.
(c) When applying for a license, an applicant shall file with the department the following information to demonstrate that the applicant intends to grow and is capable of growing industrial hemp in accordance with this chapter:
(1) A set of classifiable fingerprints and written authorization allowing the department to conduct a criminal records check;
(2) Documentation that certifies that the seeds obtained for planting are of a type and variety compliant with the maximum concentration of tetrahydrocannabinol as prescribed by this chapter;
(3) The location and acreage of all parcels sown and other field reference information as may be required by the department; and
(4) Any other information required by the department.
(d) To qualify for a license under this chapter, an applicant shall demonstrate to the satisfaction of the department that the applicant has adopted methods to ensure the legal production of industrial hemp and that the methods:
(1) Ensure all parts of the industrial hemp plant that do not enter the stream of commerce as hemp products are destroyed, incorporated into the soil, or otherwise properly disposed;
(2) Ensure the maintenance of records that reflect compliance with this chapter and with all other state laws related to the regulation of industrial hemp; and
(3) Satisfy any other requirements established by the department.
(e) Every grower shall maintain all production and sales records for at least three years.
(f) Every grower shall allow industrial hemp crops throughout the sowing, growing, harvesting, storage, and processing of the industrial hemp to be inspected by the department.
§ -5 Revocation and suspension of license; enforcement. (a) The department may deny, suspend, revoke, or refuse to renew the license of any grower who:
(1) Makes a false statement or misrepresentation on an application for a license or renewal of a license under this chapter; or
(2) Fails to comply with or violates this chapter or any rule adopted pursuant to this chapter.
(b) Revocation or suspension of a license may be in addition to any civil or criminal penalties imposed on a grower for a violation of any other state law or county ordinance.
§ -6 Research and development. The department shall promote research and development of markets for industrial hemp to the extent that any particular research and development activity is not in violation of federal laws.
§ -7 Rulemaking authority. The department shall adopt rules pursuant to chapter 91 to implement this chapter, including rules to require industrial hemp to be tested during growth for tetrahydrocannabinol concentration levels and to require adequate supervision of employees during the sowing, growing, harvesting, storage, and processing of industrial hemp."
SECTION 3. Chapter 712, Hawaii Revised Statutes, is amended by adding a new section to part IV to be appropriately designated and to read as follows:
"§712- Industrial hemp research activities. The possession, use, sale, or transfer of industrial hemp for purposes of research and development as authorized under chapter shall not constitute an offense under this part."
SECTION 4. Section 329-1, Hawaii Revised Statutes, is amended as follows:
1. By adding a new definition to be appropriately inserted and to read:
""Industrial hemp" means fiber and seed products derived from varieties of the cannabis plant that contain no more than 0.3 per cent tetrahydrocannabinol, the mature stalks of the cannabis plant, fiber produced from the stalks of the cannabis plant, oil or cake derived from the seeds of the plant, and any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the cannabis plant that is incapable of germination."
2. By amending the definition of "marijuana" to read:
""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, industrial hemp, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination."
SECTION 5. Section 712-1240, Hawaii Revised Statutes, is amended by amending the definition of "marijuana" to read as follows:
""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 hashish, industrial hemp as defined in section 329-1, tetrahydrocannabinol, and any alkaloid, salt, derivative, preparation, compound, or mixture, whether natural or synthesized, of tetrahydrocannabinol."
SECTION 6. New statutory material is underscored.
SECTION 7. This Act shall take effect on July 1, 2050.
Report Title:
Industrial Hemp; Marijuana
Description:
Provides the authority, procedures, and licensing requirements related to the production of industrial hemp as an agricultural product. Requires the department of agriculture to promote industrial hemp research and development of markets for industrial hemp. Exempts the possession, use, sale, or transfer of industrial hemp for research and development purposes from certain criminal offenses relating to drugs and intoxicating compounds. Effective 7/1/2050. (SD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
