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| 1 | - | HOUSE OF REPRESENTATIVES H.B. NO. 2336 THIRTY-SECOND LEGISLATURE, 2024 | |
| 1 | + | HOUSE OF REPRESENTATIVES H.B. NO. 2336 THIRTY-SECOND LEGISLATURE, 2024 STATE OF HAWAII A BILL FOR AN ACT RELATING TO HEMP. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: | |
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| 3 | 3 | HOUSE OF REPRESENTATIVES H.B. NO. 2336 | |
| 4 | - | THIRTY-SECOND LEGISLATURE, 2024 | |
| 4 | + | THIRTY-SECOND LEGISLATURE, 2024 | |
| 5 | 5 | STATE OF HAWAII | |
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| 7 | 7 | HOUSE OF REPRESENTATIVES | |
| 8 | 8 | ||
| 9 | 9 | H.B. NO. | |
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| 11 | 11 | 2336 | |
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| 13 | 13 | THIRTY-SECOND LEGISLATURE, 2024 | |
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| 17 | 17 | STATE OF HAWAII | |
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| 31 | 31 | A BILL FOR AN ACT | |
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| 36 | 36 | ||
| 37 | 37 | RELATING TO HEMP. | |
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| 42 | 42 | ||
| 43 | 43 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: | |
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| 47 | - | SECTION 1. Section 141-42, Hawaii Revised Statutes, is amended as follows: 1. By amending subsection (c) to read: "(c) Any individual or entity who [grows hemp without a United States Department of Agriculture license] violates this section shall be fined | |
| 47 | + | SECTION 1. Section 141-42, Hawaii Revised Statutes, is amended as follows: 1. By amending subsection (c) to read: "(c) Any individual or entity who [grows hemp without a United States Department of Agriculture license] violates 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." 2. By amending subsection (g) to read: "(g) A hemp producer licensed by the United States Department of Agriculture to grow hemp shall follow all inspection and sampling rules and protocols established by the United States Department of Agriculture. The [State] department shall not require other inspections or sampling[.] with respect to the production of hemp that duplicate the inspections and sampling required by the United States Department of Agriculture. [The State shall not issue notices of violations or impose penalties upon any hemp producer licensed by the United States Department of Agriculture; provided that the licensee compiles with all of the requirements imposed by the United States Department of Agriculture. The State shall impose no penalty with respect to the production of hemp, except penalties for growing hemp without a license issued by the United States Department of Agriculture.]" SECTION 2. 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)(1) and (2)]." 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. INTRODUCED BY: _____________________________ BY REQUEST | |
| 48 | 48 | ||
| 49 | 49 | SECTION 1. Section 141-42, Hawaii Revised Statutes, is amended as follows: | |
| 50 | 50 | ||
| 51 | 51 | 1. By amending subsection (c) to read: | |
| 52 | 52 | ||
| 53 | - | "(c) Any individual or entity who [grows hemp without a United States Department of Agriculture license] violates this section shall be fined | |
| 53 | + | "(c) Any individual or entity who [grows hemp without a United States Department of Agriculture license] violates 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." | |
| 54 | 54 | ||
| 55 | 55 | 2. By amending subsection (g) to read: | |
| 56 | 56 | ||
| 57 | - | "(g) A hemp producer licensed by the United States Department of Agriculture to grow hemp shall follow all inspection and sampling rules and protocols established by the United States Department of Agriculture. The [State] department shall not require other inspections or sampling[. | |
| 57 | + | "(g) A hemp producer licensed by the United States Department of Agriculture to grow hemp shall follow all inspection and sampling rules and protocols established by the United States Department of Agriculture. The [State] department shall not require other inspections or sampling[.] with respect to the production of hemp that duplicate the inspections and sampling required by the United States Department of Agriculture. [The State shall not issue notices of violations or impose penalties upon any hemp producer licensed by the United States Department of Agriculture; provided that the licensee compiles with all of the requirements imposed by the United States Department of Agriculture. The State shall impose no penalty with respect to the production of hemp, except penalties for growing hemp without a license issued by the United States Department of Agriculture.]" | |
| 58 | 58 | ||
| 59 | 59 | SECTION 2. Section 141-43, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows: | |
| 60 | 60 | ||
| 61 | 61 | "(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)(1) and (2)]." | |
| 62 | 62 | ||
| 63 | 63 | SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. | |
| 64 | 64 | ||
| 65 | - | SECTION 4. This Act shall take effect | |
| 65 | + | SECTION 4. This Act shall take effect upon its approval. | |
| 66 | 66 | ||
| 67 | - | Report Title: Hemp; Department of Agriculture; Administrative Rules Description: Makes imposition of the fine penalty applicable to any violation of the commercial hemp production licensure requirement as well as restrictions on growing and transporting hemp. Repeals the requirement for additional rules by the Department of Agriculture to address nuisance issues, including smell, noise, and excessive lighting arising out of the activities of hemp growers. Clarifies that the Department of Agriculture shall not require testing or sampling of hemp that duplicates testing and sampling required by the United States Department of Agriculture. Effective 7/1/3000. (HD1) The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent. | |
| 67 | + | ||
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| 69 | + | INTRODUCED BY: _____________________________ | |
| 70 | + | BY REQUEST | |
| 71 | + | ||
| 72 | + | INTRODUCED BY: | |
| 73 | + | ||
| 74 | + | _____________________________ | |
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| 76 | + | ||
| 77 | + | ||
| 78 | + | ||
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| 80 | + | BY REQUEST | |
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| 82 | + | Report Title: Hemp; Department of Agriculture; Administrative Rules Description: Repeals the requirement for additional rules by the Department of Agriculture to address nuisance issues, including smell, noise, and excessive lighting arising out of the activities of hemp growers. Clarifies that the Department of Agriculture will not require testing or sampling of hemp that duplicates testing and sampling required by the United States Department of Agriculture, but retain the authority to enforce other applicable state laws, such as Hawaii Pesticides Law. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent. | |
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| 72 | 89 | ||
| 73 | 90 | Report Title: | |
| 74 | 91 | ||
| 75 | 92 | Hemp; Department of Agriculture; Administrative Rules | |
| 76 | 93 | ||
| 77 | 94 | ||
| 78 | 95 | ||
| 79 | 96 | Description: | |
| 80 | 97 | ||
| 81 | - | ||
| 98 | + | Repeals the requirement for additional rules by the Department of Agriculture to address nuisance issues, including smell, noise, and excessive lighting arising out of the activities of hemp growers. Clarifies that the Department of Agriculture will not require testing or sampling of hemp that duplicates testing and sampling required by the United States Department of Agriculture, but retain the authority to enforce other applicable state laws, such as Hawaii Pesticides Law. | |
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| 88 | 105 | ||
| 89 | 106 | The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent. |