HOUSE OF REPRESENTATIVES |
H.B. NO. |
1482 |
THIRTY-THIRD LEGISLATURE, 2025 |
H.D. 1 |
|
STATE OF HAWAII |
|
|
|
|
|
|
||
|
A BILL FOR AN ACT
RELATED TO CONTROLLED SUBSTANCES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that in recent years a growing variety of cannabis products, including those containing delta-8-tetrahydrocannabinol (delta-8 THC), have gained significant prevalence in Hawaii, leading to increased public use and commercial availability of these products. Delta-8 THC has been marketed as a legal alternative to traditional cannabis, despite similar psychoactive properties between the two.
The legislature further finds that the widespread availability and use of delta-8 THC and similar cannabinoids have raised concerns about consumer safety, labeling accuracy, potential health risks, and the need for appropriate regulatory oversight. Current state laws have not sufficiently addressed the growing market of these new cannabis-derived compounds, leaving gaps in regulation and enforcement. It is therefore necessary for state law to evolve in response to the changing landscape of cannabis products, ensuring both consumer protection and public safety.
Accordingly, the purpose of this Act is to amend the definitions of "artificially derived cannabis", "cannabis", and "manufactured hemp product" under the hemp processors law to include all forms of cannabinoids classified as schedule I under the Uniform Controlled Substances Act.
SECTION 2. Section 328G-1, Hawaii Revised Statutes, is amended as follows:
1. By amending the definition of "artificially derived cannabinoid" to read:
""Artificially derived cannabinoid"
means a chemical substance, including any of the substances enumerated in
section 329-14(g), 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."
2. By amending the definition of "cannabis" to read:
""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. "Cannabis"
includes any of the substances enumerated
in section 329-14(g)."
3. 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;
(2) Does not include
any living hemp plants, viable seeds, leaf materials, [or] floral
materials[;], synthetic cannabinoids, or
artificially derived cannabinoids; and
(3) Includes any other product specified by the department pursuant to section 328G-4(a)(7)."
SECTION 3. Section 329-14, Hawaii Revised Statutes, is amended by amending subsection (g) to read as follows:
"(g) Cannabinoids. Unless specifically excepted or unless listed
in another schedule, any of the following cannabinoids, including their salts,
isomers, and salts of isomers, whenever the existence of these salts, isomers,
and salts of isomers is possible within the specific chemical designation:
(1) Tetrahydrocannabinols; meaning tetrahydrocannabinols naturally contained in a plant of
the genus Cannabis (cannabis plant), as well as synthetic equivalents of the
substances contained in the plant, or in the resinous extractives of Cannabis,
sp. or synthetic substances, derivatives, and their isomers with similar
chemical structure and pharmacological activity to those substances contained
in the plant, such as the following: Delta 1 cis or trans tetrahydrocannabinol, and
their optical isomers; Delta 6 cis or trans tetrahydrocannabinol, and their
optical isomers[;] (other names: Delta 8 cis or trans tetrahydrocannabinol, and
their optical isomers); and Delta 3,4 cis or
trans-tetrahydrocannabinol, and its optical isomers (since nomenclature of
these substances is not internationally standardized, compounds of these
structures, regardless of numerical designation of atomic positions, are
covered);
(2) Naphthoylindoles;
meaning any compound containing a 3-(1-naphthoyl)indole structure with
substitution at the nitrogen atom of the indole ring by a alkyl, haloalkyl,
alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or
2-(4-morpholinyl)ethyl group, whether or not further substituted in the indole
ring to any extent and whether or not substituted in the naphthyl ring to any
extent;
(3) Naphthylmethylindoles;
meaning any compound containing a 1H-indol-3-yl-(1-naphthyl) methane structure
with substitution at the nitrogen atom of the indole ring by a alkyl,
haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,
1-(N-methyl-2-piperidinyl) methyl or 2-(4-morpholinyl) ethyl group whether or
not further substituted in the indole ring to any extent and whether or not
substituted in the naphthyl ring to any extent;
(4) Naphthoylpyrroles;
meaning any compound containing a 3-(1-naphthoyl)pyrrole structure with
substitution at the nitrogen atom of the pyrrole ring by a alkyl, haloalkyl,
alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or
2-(4-morpholinyl) ethyl group whether or not further substituted in the pyrrole
ring to any extent, whether or not substituted in the naphthyl ring to any
extent;
(5) Naphthylmethylindenes;
meaning any compound containing a naphthylideneindene structure with
substitution at the 3-position of the indene ring by a alkyl, haloalkyl,
alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl) methyl
or 2-(4-morpholinyl) ethyl group whether or not further substituted in the
indene ring to any extent, whether or not substituted in the naphthyl ring to
any extent;
(6) Phenylacetylindoles;
meaning any compound containing a 3-phenylacetylindole structure with
substitution at the nitrogen atom of the indole ring by a alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,
1-(N-methyl-2-piperidinyl) methyl or 2-(4-morpholinyl) ethyl group whether or
not further substituted in the indole ring to any extent, whether or not
substituted in the phenyl ring to any extent;
(7) Cyclohexylphenols; meaning any compound containing a 2-(3-hydroxycyclohexyl) phenol
structure with substitution at the 5-position of the phenolic ring by a alkyl,
haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,
1-(N-methyl-2-piperidinyl) methyl or 2-(4-morpholinyl) ethyl group whether or
not substituted in the cyclohexyl ring to any extent;
(8) Benzoylindoles;
meaning any compound containing a 3-(benzoyl)
indole structure with substitution at the nitrogen atom of the indole ring by a
alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,
1-(N-methyl-2-piperidinyl) methyl, or 2-(4-morpholinyl) ethyl group whether or
not further substituted in the indole ring to any extent and whether or not
substituted in the phenyl ring to any extent;
(9) [2,3-Dihydro-5-methyl-3-(4-morpholinylmethyl)
pyrrolo[1,2,3-de]-1, 4-benzoxazin-6-yl]-1-naphthalenylmethanone (another trade
name is WIN 55,212-2);
(10) (6a,10a)-9-(hydroxymethyl)-6,
6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol
(Other trade names are: HU-210/HU-211);
(11) Tetramethylcyclopropanoylindoles;
meaning any compound containing a 3-tetramethylcyclopropanoylindole structure
with substitution at the nitrogen atom of the indole ring by an alkyl,
haloalkyl, cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl,
2-(4-morpholinyl)ethyl, 1-(N-methyl-2-pyrrolidinyl)methyl,
1-(N-methyl-3-morpholinyl)methyl, or tetrahydropyranylmethyl group, whether or
not further substituted in the indole ring to any extent and whether or not
substituted in the tetramethylcyclopropyl ring to any extent;
(12) N-(1-adamantyl)-1-pentyl-1H-indazole-3-carboxamide,
its optical, positional, and geometric isomers, salts, and salts of isomers
(Other names: APINACA, AKB48);
(13) Quinolin-8-yl
1-pentyl-1H-indole-3-carboxylate, its optical, positional, and geometric
isomers, salts, and salts of isomers (Other names: PB-22; QUPIC);
(14) Quinolin-8-yl
1-(5fluoropentyl)-1H-indole-3-carboxylate, its optical, positional, and
geometric isomers, salts, and salts of isomers (Other names: 5-fluoro-PB-22; 5F-PB-22);
(15) N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(4-fluorobenzyl)-1H-indazole-3-carboxamide,
its optical, positional, and geometric isomers, salts, and salts of isomers
(Other names: AB-FUBINACA);
(16) N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-pentyl-1H-indazole-3-carboxamide,
its optical, positional, and geometric isomers, salts, and salts of isomers
(Other names: ADB-PINACA);
(17) N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(cyclohexylmethyl)-1H-indazole-3-carboxamide,
its optical, positional, and geometric isomers, salts, and salts of isomers
(Other names: AB-CHMINACA);
(18) N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-pentyl-1H-indazole-3-carboxamide,
and geometric isomers, salts, and salts of isomers (Other names: AB-PINACA);
(19) [1-(5-fluoropentyl)-1H-indazol-3-yl](naphthalen-1-yl)methanone,
and geometric isomers, salts, and salts of isomers (Other names: THJ-2201);
(20) Methyl
(1-(4-fluorobenzyl)-1H-indazole-3-carbonyl)-L-valinate, and geometric isomers,
salts, and salts of isomers (Other names: FUB-AMB, Methyl
2-(1-(4-fluorobenzyl)-1H-indazole-3-carboxamido)-3-methylbutanoate,
MMB-FUBINACA, AMB-FUBINACA);
(21) (S)-methyl
2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-3-methylbutanoate, and
geometric isomers, salts, and salts of isomers (Other names: 5-fluoro-AMB, 5-fluoro-AMP);
(22) N-((3s,5s,7s)-adamantan-1-yl)-1-(5-fluoropentyl)-1H-indazole-3-carboxamide,
and geometric isomers, salts, and salts of isomers (Other names: AKB48 N-(5-fluoropentyl) analog, 5F-AKB48,
APINACA 5-fluoropentyl analog, 5F-APINACA);
(23) N-adamantyl-1-fluoropentylindole-3-Carboxamide,
and geometric isomers, salts, and salts of isomers (Other names: STS-135, 5F-APICA; 5-fluoro-APICA);
(24) Naphthalen-1-yl
1-(5-fluoropentyl)-1H-indole-3-carboxylate, and geometric isomers, salts, and
salts of isomers (Other names: NM2201;
CBL2201);
(25) N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(cyclohexylmethyl)-1H-indazole-3-carboxamide,
and geometric isomers, salts, and salts of isomers (Other names: MAB-CHMINACA and ADB-CHMINACA);
(26) Methyl 2-[1-(5-fluoropentyl)-1H-indazole-3-carboxamido]-3,3-dimethylbutanoate
(Other names: 5F-ADB, 5-fluoro-ADB, and
5F-MDMB-PINACA), its optical, positional, and geometric isomers, salts, and
salts of isomers;
(27) 1-(4-cyanobutyl)-N-(2-phenylpropan-2-yl)-1H-indazole-3-carboxamide, its optical, positional, and geometric isomers, salts, and salts
of isomers (Other names: SGT-78; 4-CN-CUMYL
BINACA; 4-CN-CUMYL-BUTINACA;
CUMYL-CB-PINACA; CUMYL-CYBINACA; 4-cyano-CUMYL-BUTINACA;
CUMYL-4CN-BINACA);
(28) N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(5-fluoropentyl)-1H-indazole-3-carboxamide (Other name: 5F-AB-PINACA);
(29) Methyl 2-(1-(cyclohexylmethyl)-1H-indole-3-carboxamido)-3-methylbutanoate (Other names: MMB-CHMICA; AMB-CHMICA);
(30) 1-(5-fluoropentyl)-N-(2-phenylpropan-2-yl)-1H-pyrrolo[2,3-b]pyridine-3-carboxamide (Other names: 5F-CUMYL-P7AICA);
(31) Methyl 3,3-dimethyl-2-(1-(pent-4-en-1-yl)-1H-indazole-3-carboxamido)butanoate (MDMB-4en-PINACA);
(32) Ethyl 2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-3,3-dimethylbutanoate (Other name: 5F-EDMB-PINACA);
(33) Methyl 2-(1-(5-fluoropentyl)-1H-indole-3-carboxamido)-3,3-dimethylbutanoate (Other names: 5F-MDMB-PICA; 5F-MDMB-2201);
(34) N-(adamantan-1-yl)-1-(4-fluorobenzyl)-1H-indazole-3-carboxamide (Other names: FUB-AKB48; FUB-APINACA; AKB48 N-(4-FLUOROBENZYL));
(35) 1-(5-fluoropentyl)-N-(2-phenylpropan-2-yl)-1H-indazole-3-carboxamide (Other names: 5F-CUMYL-PINACA; SGT-25); and
(36) (1-(4-fluorobenzyl)-1H-indol-3-yl)(2,2,3,3-tetramethylcyclopropyl)methanone (Other name: FUB-144)."
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 3000.
Report Title:
Hemp Products; Uniform Controlled Substances Act; Schedule I; Cannabinoids
Description:
For purposes of the hemp processors law, amends the definitions of "artificially derived cannabis" and "cannabis" to include, and the definition of "manufactured hemp product" to specifically exclude, all forms of cannabinoids classified as schedule I under the Uniform Controlled Substances Act. Effective 7/1/3000. (HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.