Hemp legislation has passed both in congress and in state laws in Hawaii in the last year.
What does this mean for Hawaii and for US States? It appears that state laws still apply, and there are many state laws on the subject of hemp, mostly contained in the individual state CSAs (Controlled Substances Acts).
Here is what we know though.
IMMEDIATE 2018 FARM BILL EFFECTS
- Is hemp totally legal now and I can grow it like a tomato?
No. Hemp is still a regulated crop, and all of the current Hawaii Statutes and Rules are still applicable. Changes will likely occur over the next year and a half as the legislature makes adjustments to the current statutes and USDA comes out with commercial hemp production guidelines.
- Is HDOA supplying the seed? How much seed will be given to each licensee? Do you know what the cost is if there is a charge?
HDOA will work with licensees to facilitate the receipt of approved genetics at the licensees’ cost. Amounts of seed granted, if requested from HDOA’s seed development program, will be determined by demand.
- Can a licensed grower sell the seed to someone else?
A licensed grower in Hawaii’s program can produce and sell viable seed from approved genetics to another licensed grower in Hawaii’s program, provided that they comply with seed distribution/labelling laws, intellectual property rights, and any other applicable laws.
https://hdoa.hawaii.gov/pi/ppc/cm/ – Seed law information in 4th paragraph of the Chemical/Mechanical Control Section page.
Hawaii Seed Law is Chapter 150 HRS, Seed rules is Chapter 4-67 HAR
A link for the HDOA Seed License Application is included there. https://hdoa.hawaii.gov/pi/files/2013/01/seed-license-2pages-rvised-2017-fillable.pdf
- I am from a foreign country or state outside of Hawaii. Can I buy seed from your program?
At this time HDOA cannot export seed, and will only distribute seed to licensees in its program.
TESTING, INSPECTION, SECURITY
- What will inspections look for? How will inspections be conducted? (Unannounced or scheduled?)
Routine sample collection and testing will take place sometime within 30 days before harvest. Inspections may be announced or unannounced, and be performed to ensure compliance with rules, and confirm reports and adherence to stated research and best management plans.
- What kind of tests will be done? Will the tests be conducted in Hawaii or sent elsewhere?
Potency testing for THC and sometimes pesticides screening. Conducted by authorized labs here. THC will be measured by combining THC and decarboxylated THCA.
- How is HDOA going to make sure that industrial hemp is not sold as real marijuana?
HDOA will carefully review applicant’s security plans to ensure that it is appropriate for the location and endeavor proposed. Ultimately, it is the licensee’s responsibility to protect their crop, and report any theft to law enforcement.
PROCESSING AND SALES
- Will the Hawaii Department of Agriculture provide hemp processing facilities or buy hemp from growers?
- Will I need a permit from HDOA if I want to process hemp?
No permit is necessary from HDOA, as HDOA regulates growth, not processing. Those who process hemp may, however, fall under the regulatory oversight of other state and/or federal agencies.
- Can the hemp products be sold outside of Hawaii?
- Can I make CBD?
HDOA regulates growth, not processing or manufactured products. Other departments such as the Department of Health or Department of Public Safety may have applicable rules or regulation.