(a) It shall be legal for an individual or entity to produce hemp, as defined in title 7 United States Code § 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 § 1639q; provided that:
Terms Used In Hawaii Revised Statutes 141-42
Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(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. The department of agriculture 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.
