Hawaii 2025 Regular Session

Hawaii House Bill HCR147 Compare Versions

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

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1	1	HOUSE OF REPRESENTATIVES H.C.R. NO. 147 THIRTY-THIRD LEGISLATURE, 2025 STATE OF HAWAII HOUSE CONCURRENT RESOLUTION URGING THE DEPARTMENT OF HEALTH, DEPARTMENT OF THE ATTORNEY GENERAL, AND DEPARTMENT OF LAW ENFORCEMENT TO COORDINATE AN ENFORCEMENT PLAN TO ADDRESS THE LACK OF ENFORCEABLE COMPLIANCE, RULES, AND REGULATIONS REGARDING THE SURGE OF ILLEGAL DISPENSARY OPERATORS THAT SELL CANNABIS LABELED AS HEMP.
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3	3	HOUSE OF REPRESENTATIVES H.C.R. NO. 147
4	4	THIRTY-THIRD LEGISLATURE, 2025
5	5	STATE OF HAWAII
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7	7	HOUSE OF REPRESENTATIVES
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9	9	H.C.R. NO.
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13	13	THIRTY-THIRD LEGISLATURE, 2025
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17	17	STATE OF HAWAII
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29	29	HOUSE CONCURRENT
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31	31	RESOLUTION
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37	37	URGING THE DEPARTMENT OF HEALTH, DEPARTMENT OF THE ATTORNEY GENERAL, AND DEPARTMENT OF LAW ENFORCEMENT TO COORDINATE AN ENFORCEMENT PLAN TO ADDRESS THE LACK OF ENFORCEABLE COMPLIANCE, RULES, AND REGULATIONS REGARDING THE SURGE OF ILLEGAL DISPENSARY OPERATORS THAT SELL CANNABIS LABELED AS HEMP.
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45	45	WHEREAS, hemp and cannabis are derived from the same plant species, Cannabis sativa, with the primary difference being their chemical composition, particularly the levels of the psychoactive compound tetrahydrocannabinol (THC); and WHEREAS, hemp contains 0.3 percent THC or less (7 C.F.R. 990.1), while cannabis, often referred to as marijuana, contains over 0.3 percent THC, which can produce psychoactive effects; and WHEREAS, the only way to validate total delta-9 THC concentration is to test the product; and WHEREAS, hemp production is overseen by the Department of Agriculture, and individuals and entities seeking to grow hemp in Hawaii must obtain a hemp production license from the United States Department of Agriculture; and WHEREAS, the Department of Health oversees two distinct but related medical cannabis programs: the medical cannabis patient registry program and medical cannabis dispensary program; and WHEREAS, there is currently no single entity responsible for the regulation and enforcement of illicit cannabis; and WHEREAS, as of this writing, there are allegedly over eighty-four illegal dispensary operators selling cannabis labeled as hemp and the number continues to grow exponentially; and WHEREAS, illegal dispensaries have opened at the airport; near medical cannabis dispensaries, schools, playgrounds, and public housing projects; and throughout Waikiki; and WHEREAS, illegal dispensaries offer immediate access to cannabis without age gating or the need for a medical cannabis card; both online and delivery services; and products potentially contaminated with pesticides, solvents, synthetic cannabinoids, and other harmful substances; and WHEREAS, to combat illegal cannabis falsely labeled as hemp, states like Alaska, Colorado, Delaware, Idaho, Iowa, Montana, New York, Nevada, North Dakota, Rhode Island, Vermont, Utah, and Washington have banned delta-8 THC, while California has implemented emergency regulations to ban the retail sale of products containing any detectable amounts of THC; and WHEREAS, identifying enforcement gaps between the Department of Agriculture, Department of Health, Attorney General, Narcotics Enforcement Division of the Department of Law Enforcement, and Honolulu Police Department is essential to effectively combating illegal dispensaries; and WHEREAS, at least one county Prosecuting Attorney has acknowledged the difficulty of enforcement by stating that there is currently no regulation or enforcement of illicit cannabis; now, therefore, BE IT RESOLVED by the House of Representatives of the Thirty-third Legislature of the State of Hawaii, Regular Session of 2025, the Senate concurring, that the Department of Health, Department of the Attorney General, and Department of Law Enforcement are urged to coordinate an enforcement plan to address the lack of enforceable compliance, rules, and regulations regarding the surge of illegal dispensary operators that sell cannabis labeled as hemp; and BE IT FURTHER RESOLVED that the Department of Health is urged to exercise its powers under chapter 328G, Hawaii Revised Statutes, and chapter 11-37, Hawaii Administrative Rules, to stop the proliferation of cannabis labeled as hemp, while acknowledging that there are no specific statutes related to regulation or enforcement of illegal dispensaries at this time; and BE IT FURTHER RESOLVED that the surge of illegal dispensary operators selling cannabis labeled as hemp is a public health and safety epidemic; and BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Director of Health, Attorney General, and Director of Law Enforcement. OFFERED BY: _____________________________
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47	47	WHEREAS, hemp and cannabis are derived from the same plant species, Cannabis sativa, with the primary difference being their chemical composition, particularly the levels of the psychoactive compound tetrahydrocannabinol (THC); and
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51	51	WHEREAS, hemp contains 0.3 percent THC or less (7 C.F.R. 990.1), while cannabis, often referred to as marijuana, contains over 0.3 percent THC, which can produce psychoactive effects; and
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55	55	WHEREAS, the only way to validate total delta-9 THC concentration is to test the product; and
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59	59	WHEREAS, hemp production is overseen by the Department of Agriculture, and individuals and entities seeking to grow hemp in Hawaii must obtain a hemp production license from the United States Department of Agriculture; and
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63	63	WHEREAS, the Department of Health oversees two distinct but related medical cannabis programs: the medical cannabis patient registry program and medical cannabis dispensary program; and
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67	67	WHEREAS, there is currently no single entity responsible for the regulation and enforcement of illicit cannabis; and
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71	71	WHEREAS, as of this writing, there are allegedly over eighty-four illegal dispensary operators selling cannabis labeled as hemp and the number continues to grow exponentially; and
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75	75	WHEREAS, illegal dispensaries have opened at the airport; near medical cannabis dispensaries, schools, playgrounds, and public housing projects; and throughout Waikiki; and
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79	79	WHEREAS, illegal dispensaries offer immediate access to cannabis without age gating or the need for a medical cannabis card; both online and delivery services; and products potentially contaminated with pesticides, solvents, synthetic cannabinoids, and other harmful substances; and
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83	83	WHEREAS, to combat illegal cannabis falsely labeled as hemp, states like Alaska, Colorado, Delaware, Idaho, Iowa, Montana, New York, Nevada, North Dakota, Rhode Island, Vermont, Utah, and Washington have banned delta-8 THC, while California has implemented emergency regulations to ban the retail sale of products containing any detectable amounts of THC; and
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87	87	WHEREAS, identifying enforcement gaps between the Department of Agriculture, Department of Health, Attorney General, Narcotics Enforcement Division of the Department of Law Enforcement, and Honolulu Police Department is essential to effectively combating illegal dispensaries; and
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91	91	WHEREAS, at least one county Prosecuting Attorney has acknowledged the difficulty of enforcement by stating that there is currently no regulation or enforcement of illicit cannabis; now, therefore,
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95	95	BE IT RESOLVED by the House of Representatives of the Thirty-third Legislature of the State of Hawaii, Regular Session of 2025, the Senate concurring, that the Department of Health, Department of the Attorney General, and Department of Law Enforcement are urged to coordinate an enforcement plan to address the lack of enforceable compliance, rules, and regulations regarding the surge of illegal dispensary operators that sell cannabis labeled as hemp; and
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99	99	BE IT FURTHER RESOLVED that the Department of Health is urged to exercise its powers under chapter 328G, Hawaii Revised Statutes, and chapter 11-37, Hawaii Administrative Rules, to stop the proliferation of cannabis labeled as hemp, while acknowledging that there are no specific statutes related to regulation or enforcement of illegal dispensaries at this time; and
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103	103	BE IT FURTHER RESOLVED that the surge of illegal dispensary operators selling cannabis labeled as hemp is a public health and safety epidemic; and
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107	107	BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Director of Health, Attorney General, and Director of Law Enforcement.
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115	115	OFFERED BY: _____________________________
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119	119	OFFERED BY:
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121	121	_____________________________
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129	129	Report Title: DOH; AG; DLE; Cannabis; Hemp; Illegal Dispensary Operators; Enforcement
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131	131	Report Title:
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133	133	DOH; AG; DLE; Cannabis; Hemp; Illegal Dispensary Operators; Enforcement