Hawaii 2024 Regular Session

Hawaii House Bill HB1421 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	HOUSE OF REPRESENTATIVES H.B. NO. 1421 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:
2	2
3	3	HOUSE OF REPRESENTATIVES H.B. NO. 1421
4	4	THIRTY-SECOND LEGISLATURE, 2023
5	5	STATE OF HAWAII
6	6
7	7	HOUSE OF REPRESENTATIVES
8	8
9	9	H.B. NO.
10	10
11	11	1421
12	12
13	13	THIRTY-SECOND LEGISLATURE, 2023
14	14
15	15
16	16
17	17	STATE OF HAWAII
18	18
19	19
20	20
21	21
22	22
23	23
24	24
25	25
26	26
27	27
28	28
29	29
30	30
31	31	A BILL FOR AN ACT
32	32
33	33
34	34
35	35
36	36
37	37	relating to hemp.
38	38
39	39
40	40
41	41
42	42
43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
44	44
45	45
46	46
47	47	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 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] 100 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 the State." 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. INTRODUCED BY: _____________________________
48	48
49	49	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.
50	50
51	51	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.
52	52
53	53	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.
54	54
55	55	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.
56	56
57	57	SECTION 2. Section 141-42, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
58	58
59	59	"(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:
60	60
61	61	(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;
62	62
63	63	(2) Hemp shall not be grown outside of a state agricultural district;
64	64
65	65	(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;
66	66
67	67	(4) Hemp shall not be grown within [500] 100 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
68	68
69	69	(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."
70	70
71	71	SECTION 3. Section 141-43, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
72	72
73	73	"(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 the State."
74	74
75	75	SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
76	76
77	77	SECTION 5. This Act shall take effect upon its approval.
78	78
79	79
80	80
81	81	INTRODUCED BY: _____________________________
82	82
83	83	INTRODUCED BY:
84	84
85	85	_____________________________
86	86
87	87
88	88
89	89
90	90
91	91
92	92
93	93
94	94
95	95
96	96
97	97
98	98
99	99
100	100
101	101
102	102
103	103
104	104
105	105
106	106
107	107
108	108
109	109
110	110
111	111	Report Title: Hemp Producers; Commercial Hemp Production; Cultivation Description: 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.
112	112
113	113
114	114
115	115
116	116
117	117	Report Title:
118	118
119	119	Hemp Producers; Commercial Hemp Production; Cultivation
120	120
121	121
122	122
123	123	Description:
124	124
125	125	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.
126	126
127	127
128	128
129	129
130	130
131	131
132	132
133	133	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.