SB 3206: Cannabinoids; Hemp Processors; Manufactured Hemp Products; Tetrahydrocannabinol Concentration Limit; Retail

A BILL FOR AN ACT

relating to cannabinoids.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Chapter 328G, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§328G-    Hemp processor; manufactured hemp products; sales.  (a)  Notwithstanding section 328G-3(e), any hemp processor with a permit pursuant to section 328G-2 may sell, hold, offer, or distribute for sale the following manufactured hemp products into which hemp-derived cannabinoids have been added as an ingredient or component:

     (1)  Gummies; provided that:

          (A)  One gummy shall be one serving;

          (B)  One gummy shall contain not more than five milligrams of tetrahydrocannabinol; and

          (C)  Each package of gummies that is sold, held, offered, or distributed in the State shall contain not more than ten gummies;

     (2)  Beverages; provided that beverages shall contain not more than five milligrams of tetrahydrocannabinol per container;

     (3)  Tinctures; and

     (4)  Hemp flowers; provided that hemp flowers shall have a maximum concentration of five milligrams of tetrahydrocannabinol per serving.

     (b)  No hemp processor shall sell, hold, offer, or distribute for sale the manufactured hemp products listed in subsection (a) to any individual under twenty-one years of age.

     (c)  Any manufactured hemp product sold pursuant to subsection (a) shall comply with all other applicable laws, including this chapter and any rules adopted pursuant to this chapter.

     (d)  For the purposes of this section, "gummy" means a chewable soft confection made primarily from sugar with gelatin or another gelling agent such as starch or pectin."

     SECTION 2.  Section 328G-1, Hawaii Revised Statutes, is amended as follows:

     1.  By amending the definition of "manufactured hemp product" to read:

     ""Manufactured hemp product" means a product created by processing, as defined in this chapter, that:

     (1)  Is [either]:

          (A)  Intended to be consumed orally to supplement the human or animal diet in tablet, capsule, powder, softgel, gelcap, or liquid form (e.g., hemp oil); [or]

          (B)  In a form for topical application to the skin or hair; or

          (C)  Floral materials;

     (2)  Does not include any living hemp plants, viable seeds, or leaf materials[, or floral materials]; and

     (3)  Includes any other product specified by the department pursuant to section 328G-4(a)(7)."

     2.  By amending the definition of "tincture" to read:

     ""Tincture" means any oil-based, unflavored product that contains [no] not more than:

     (1)  One ounce per container; and

     (2)  [0.3 per cent] A maximum concentration of five milligrams of tetrahydrocannabinol[.] per serving."

     SECTION 3.  Section 328G-3, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:

     "(e)  [No] Except as provided for in section 328G-  , no person shall sell, hold, offer, or distribute for sale any food, as that term is defined in section 328-1, into which a cannabinoid, artificially derived cannabinoid, synthetic cannabinoid, hemp, hemp biomass, or manufactured hemp product that has been added as an ingredient or component unless otherwise prescribed by rules adopted by the department pursuant to this chapter.  This section shall not apply to hemp that is generally recognized as safe (GRAS) by FDA for use in foods, as intended, in a public GRAS notification."

     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.

Report Title:

Cannabinoids; Hemp Processors; Manufactured Hemp Products; Tetrahydrocannabinol Concentration Limit; Retail

Description:

Allows any hemp processor with a permit from the Department of Health to sell certain manufactured hemp products that contain a tetrahydrocannabinol concentration of not more than five milligrams per serving.  Prohibits the sale of certain manufactured hemp products to any person less than twenty-one years of age.  Includes processed floral materials as "manufactured hemp products".  Increases the maximum tetrahydrocannabinol concentration for tinctures to five milligrams per serving.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.