HRS §141-42 Commercial hemp production
141-42. Commercial hemp production
[See Note at part heading.] (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) Hemp shall not be grown within three hundred 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 before August 27, 2020;
(2) Hemp shall not be grown within one hundred 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 before August 27, 2020; and
(3) Hemp shall not be grown in any house, dwelling
unit, residential apartment, or other residential structure, unless that
structure is part of a United States Department of Agriculture area.
(b) An individual or entity licensed to
produce hemp pursuant to subsection (a) may transport hemp within the State to
a facility authorized by law to process hemp or to another licensed producer's
grow area; provided that the transportation has been reported to the department
of agriculture and biosecurity. The department of agriculture and biosecurity
may require movement reports that include copies of the United States
Department of Agriculture test results for the hemp to be transported and may
deny authorization if the hemp is found to not comply with any law or
regulation.
(c) Any individual or entity who grows hemp
without a United States Department of Agriculture license 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.
(d) For any judicial proceeding to recover an
administrative penalty imposed by order or to enforce a cease and desist order
against an unlicensed hemp producer, the department may petition any court of
appropriate jurisdiction and need only show that:
(1) Notice was given;
(2) A hearing was held or the time granted for
requesting a hearing has expired without such a request;
(3) The administrative penalty was imposed on the
individual or entity producing hemp; and
(4) The penalty remains unpaid or the individual or
entity continues to produce hemp.
(e) An individual or entity licensed by the
United States Department of Agriculture to produce hemp in Hawaii may sell hemp
biomass.
(f) In addition to all other labeling
requirements, the identity statement used for labeling or advertising hemp
products shall identify the percentage of Hawaii-grown hemp in hemp products;
provided that any hemp product containing hemp not grown or processed in Hawaii
shall identify the origin and percentage of the hemp from outside Hawaii in the
hemp product; provided further that if the hemp product contains hemp from
multiple origins, the hemp product shall identify the percentage of hemp origin
as "United States" or "Foreign" if the hemp product
includes hemp from a source outside of the United States.
(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 shall not require other inspections or sampling. 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 complies 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.
(h) As used in this section, "hemp
biomass" means the stalks of hemp plants.
[L 2020, c 14, pt of §3, §9; am
L 2022, c 137, §2; am L 2023, c 263, §3; am L 2025, c 236, §4]