HR141

HOUSE OF REPRESENTATIVES	H.R. NO.	141
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII

HOUSE RESOLUTION

URGING THE DEPARTMENT OF HEALTH, DEPARTMENT OF THE ATTORNEY GENERAL, AND DEPARTMENT OF LAW ENFORCEMENT TO COORDINATE AN ENFORCEMENT PLAN TO ADDRESS THE LACK OF ENFORCEABLE COMPLIANCE, RULES, AND REGULATIONS REGARDING THE SURGE OF ILLEGAL DISPENSARY OPERATORS THAT SELL CANNABIS LABELED AS HEMP.

WHEREAS, hemp and cannabis are derived from the same plant species, Cannabis sativa, with the primary difference being their chemical composition, particularly the levels of the psychoactive compound tetrahydrocannabinol (THC); and

WHEREAS, hemp contains 0.3 percent THC or less (7 C.F.R. 990.1), while cannabis, often referred to as marijuana, contains over 0.3 percent THC, which can produce psychoactive effects; and

WHEREAS, the only way to validate total delta-9 THC concentration is to test the product; and

WHEREAS, hemp production is overseen by the Department of Agriculture, and individuals and entities seeking to grow hemp in Hawaii must obtain a hemp production license from the United States Department of Agriculture; and

WHEREAS, the Department of Health oversees two distinct but related medical cannabis programs: the medical cannabis patient registry program and medical cannabis dispensary program; and

WHEREAS, there is currently no single entity responsible for the regulation and enforcement of illicit cannabis; and

WHEREAS, as of this writing, there are allegedly over eighty-four illegal dispensary operators selling cannabis labeled as hemp and the number continues to grow exponentially; and

WHEREAS, illegal dispensaries have opened at the airport; near medical cannabis dispensaries, schools, playgrounds, and public housing projects; and throughout Waikiki; and

WHEREAS, illegal dispensaries offer immediate access to cannabis without age gating or the need for a medical cannabis card; both online and delivery services; and products potentially contaminated with pesticides, solvents, synthetic cannabinoids, and other harmful substances; and

WHEREAS, to combat illegal cannabis falsely labeled as hemp, states like Alaska, Colorado, Delaware, Idaho, Iowa, Montana, New York, Nevada, North Dakota, Rhode Island, Vermont, Utah, and Washington have banned delta-8 THC, while California has implemented emergency regulations to ban the retail sale of products containing any detectable amounts of THC; and

WHEREAS, identifying enforcement gaps between the Department of Agriculture, Department of Health, Attorney General, Narcotics Enforcement Division of the Department of Law Enforcement, and Honolulu Police Department is essential to effectively combating illegal dispensaries; and

WHEREAS, at least one county Prosecuting Attorney has acknowledged the difficulty of enforcement by stating that there is currently no regulation or enforcement of illicit cannabis; now, therefore,

BE IT RESOLVED by the House of Representatives of the Thirty-third Legislature of the State of Hawaii, Regular Session of 2025, that the Department of Health, Department of the Attorney General, and Department of Law Enforcement are urged to coordinate an enforcement plan to address the lack of enforceable compliance, rules, and regulations regarding the surge of illegal dispensary operators that sell cannabis labeled as hemp; and

BE IT FURTHER RESOLVED that the Department of Health is urged to exercise its powers under chapter 328G, Hawaii Revised Statutes, and chapter 11-37, Hawaii Administrative Rules, to stop the proliferation of cannabis labeled as hemp, while acknowledging that there are no specific statutes related to regulation or enforcement of illegal dispensaries at this time; and

BE IT FURTHER RESOLVED that the surge of illegal dispensary operators selling cannabis labeled as hemp is a public health and safety epidemic; and

BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Director of Health, Attorney General, and Director of Law Enforcement.

	OFFERED BY:	_____________________________