STAND. COM. REP. NO.  430

 

Honolulu, Hawaii

                , 2025

 

RE:   H.B. No. 1482

      H.D. 1

 

 

 

 

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

 

Madame:

 

     Your Committee on Consumer Protection & Commerce, to which was referred H.B. No. 1482 entitled:

 

"A BILL FOR AN ACT RELATED TO CONTROLLED SUBSTANCES,"

 

begs leave to report as follows:

 

     The purpose of this measure is to:

 

     (1)  Prohibit the sale and distribution of hemp products that contain cannabinoids created through isomerization, including Delta 6 cis or trans tetrahydrocannabinol, and their optical isomers;

 

     (2)  Exempt certain cannabis and manufactured cannabis product sales from the prohibition; and

 

     (3)  Insert alternative names for Delta 6 cis or trans tetrahydrocannabinol and their optical isomers into the list of schedule I controlled substances.

 

     Your Committee received testimony in support of this measure from the Department of the Prosecuting Attorney of the City and County of Honolulu; Honolulu Police Department; Aloha Green Apothecary; Noa Botanicals; Cure Oahu; and two individuals.  Your Committee received comments on this measure from the Department of Health; Department of the Attorney General; and Akamai Cannabis Consulting.

 

     Your Committee finds that delta-8-tetrahydrocannabinol is found in the Cannabis sativa plant.  The substance has psychoactive and intoxicating effects, similar to delta-9-tetrahydrocannabinol, which is responsible for the "high" people may experience from using cannabis.  Delta-8-tetrahydrocannabinol is not found in significant amounts in the cannabis plant.  However, hemp products, if not manufactured properly, could expose consumers to higher levels of the substance.  The United States Food and Drug Administration has noted that delta-8-tetrahydrocannabinol products have been marketed in ways that put public health at risk, and that concerns exist over variability in product information and product labeling, the inclusion of cannabinoid and terpene content, and variable delta-8-tetrahydrocannabinol concentrations.

 

     Your Committee also finds that, although existing state law already classifies delta 8 cis or trans tetrahydrocannabinol, and their optical isomers, as schedule I controlled substances, this status is unclear because they are listed as their synonyms delta 6 cis or trans tetrahydrocannabinol, and their optical isomers.

 

     Your Committee lastly finds that under schedule I of the Uniform Controlled Substances Act, there are numerous cannabinoids found to have the highest degree of danger or probable danger.  This measure explicitly provides that such substances are excluded from manufactured hemp products.

 

     Your Committee has amended this measure by:

 

     (1)  Deleting the word "synthetic" when referring to the cannabinoids controlled under schedule I of the Uniform Controlled Substances Act, to avoid confusion with the term "synthetic cannabinoid" defined under the hemp processors law;

 

     (2)  Specifically excluding synthetic cannabinoids and artificially derived cannabinoids from the definition of "manufactured hemp product", rather than simply excluding the schedule I cannabinoids;

 

     (3)  Changing the effective date to July 1, 3000, to encourage further discussion; and

 

     (4)  Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

 

     As affirmed by the record of votes of the members of your Committee on Consumer Protection & Commerce that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1482, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1482, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.

 

 

Respectfully submitted on behalf of the members of the Committee on Consumer Protection & Commerce,

 

 

 

 

____________________________

SCOT Z. MATAYOSHI, Chair