Haw. Rev. Stat. § 328G-1

Current through the 2024 Legislative Session
Section 328G-1 - [Repealed Effective 7/1/2027] Definitions

As used in this chapter:

"Applicant" means the person applying for a permit to operate as a hemp processor under this chapter.

"Artificially derived cannabinoid" means a chemical substance that is created by a chemical reaction that changes the molecular structure of any chemical substance derived from the plant genus cannabis. "Artificially derived cannabinoid" does not include:

(1) A naturally occurring chemical substance that is separated from the plant genus cannabis by a chemical or mechanical extraction process; or
(2) Cannabinoids that are produced by decarboxylation from naturally occurring cannabinoid acid without the use of a chemical catalyst.

"Cannabinoids" means any of the various naturally occurring, biologically active, chemical constituents of cannabis that bind to or interact with receptors of the endogenous cannabinoid system.

"Cannabis" means the genus of the flowering plant in the family Cannabaceae. For the purpose of this chapter, cannabis refers to any form of the plant where the delta-9 tetrahydrocannabinol concentration on a dry weight basis has not yet been determined.

"Decarboxylated" means the completion of the chemical reaction that converts naturally occurring cannabinoid acid into a cannabinoid, including delta-9 tetrahydrocannabinol's acids (THCA) into delta-9-tetrahydrocannabinol. The decarboxylated value for delta-9-tetrahydrocannabinol may be calculated using a conversion formula that sums delta-9-tetrahydrocannabinol and eighty-seven and seven tenths (87.7) per cent of THCA.

"Department" means the department of health.

"Director" means the director of health.

"Dry weight basis" refers to a method of determining the percentage of a chemical in a substance after removing the moisture from the substance.

"Enclosed indoor facility" means a permanent, stationary structure with a solid floor, rigid exterior walls that encircle the entire structure on all sides, and a roof that protects the entire interior area from the elements of weather. Nothing in this definition shall be construed to relieve the permitted applicant from the applicant's duty to comply with all applicable building codes and regulations.

"FDA" means the United States Food and Drug Administration.

"Hemp" means Cannabis sativa L. and any part of that plant, whether growing or not, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, with a delta-9-tetrahydrocannabinol concentration of not more than 0.3 per cent on a dry weight basis, as measured post-decarboxylation or by other similarly reliable methods.

"Hemp biomass" means the leaf and floral parts of hemp plant material.

"Hemp processor" means a person who processes hemp biomass or prepares a manufactured hemp product.

"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;
(2) Does not include any living hemp plants, viable seeds, leaf materials, or floral materials; and
(3) Includes any other product specified by the department pursuant to section 328G-4(a)(7).

"Permit" means the certificate issued by the department attesting that the applicant is permitted to operate as a hemp processor.

"Person" means an individual, firm, corporation, partnership, association, or any form of business or legal entity.

"Processing" means :

(1) Making a transformative change to hemp biomass following harvest by converting it into a crude extract or manufactured hemp product; or
(2) Compounding, blending, extracting, infusing, or otherwise producing a manufactured hemp product by:
(A) Completing the manufacturing process of transforming crude extract into a manufactured hemp product; or
(B) Using a manufactured hemp product as an ingredient in the production of another manufactured hemp product.

"Synthetic cannabinoid" means a cannabinoid that is:

(1) Produced artificially, whether from chemicals or from recombinant biological agents including but not limited to yeast and algae; and
(2) Not derived from the genus cannabis, including biosynthetic cannabinoids.

"Tetrahydrocannabinol" means the cannabinoids that functions as the primary psychoactive component of cannabis.

HRS § 328G-1

Amended by L 2023, c 263,§ 15, eff. 7/1/2023.
Amended by L 2023, c 263,§ 5, eff. 7/1/2023.
Amended by L 2022, c 137,§ 2, eff. 6/27/2022.
Repealed by L 2020, c 14,§ 9, eff. 7/1/2027).
Added by L 2020, c 14,§ 2, eff. 8/27/2020.