HOUSE OF REPRESENTATIVES	H.B. NO.	2613
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII

A BILL FOR AN ACT

relating to Hemp.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Chapter 328G, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§328G-    Cannabinoid drink products; sale prohibited to persons under twenty-one years of age. (a) A cannabinoid drink product may be sold in the State to persons twenty-one years of age or older. It shall be unlawful to sell or furnish for sale a cannabinoid drink product to persons under twenty-one years of age

(b) All persons engaged in the retail sale of cannabinoid drink products shall check the identification of cannabinoid drink product purchasers to establish the age of the purchaser if the purchaser reasonably appears to be under twenty-seven years of age.

(c) It shall be an affirmative defense to this section that the manufactured hemp product retailer that sells a cannabinoid drink product to a person under twenty-one years of age in violation of this section had requested, examined, and reasonably relied upon a photographic identification from the person establishing that person's age as at least twenty-one years of age before selling the person a cannabinoid drink product. The failure of a manufactured hemp product retailer to request and examine photographic identification from a person under twenty-one years of age before the sale of a cannabinoid drink product to the person shall be construed against the manufactured hemp product retailer and form a conclusive basis for the manufactured hemp product retailer's violation of this section.

(d) It shall be unlawful for a person under twenty-one years of age to purchase or possess any cannabinoid drink product. This subsection shall not apply if a person under twenty-one years of age, with parental authorization, is participating in a controlled purchase as part of a law enforcement activity or a study authorized by the department under the supervision of law enforcement to determine the level of incidence of cannabinoid drink product sales to persons under twenty-one years of age.

(e) Any person who violates subsection (a) shall be fined $500 for the first offense. Any subsequent offenses shall subject the person to a fine no less than $500 and no more than $2,000.

(f) Any person under twenty-one years of age who violates subsection (d) shall be fined $10 for the first offense. Any subsequent offense shall subject the violator to a fine of $50, no part of which shall be suspended, or the person shall be required to perform no less than forty-eight hours and no more than seventy-two hours of community service during hours when the person is not employed and is not attending school.

(g) Any cannabinoid drink product in the person's possession at the time of violation of subsection (d) shall be seized, summarily forfeited to the State, and destroyed by law enforcement following the conclusion of an administrative or judicial proceeding finding that a violation of subsection (d) has been committed. The procedures set forth in chapter 712A shall not apply to this subsection.

(h) For the purposes of this section, "cannabinoid drink product" means any commercial drink product that contains no more than:

(1) 10 milligrams of hemp-derived cannabinoids; and

(2) 0.3 per cent tetrahydrocannabinol."

SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:

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Report Title:

Hemp; Cannabinoids Drink Products; Sale; Penalties

Description:

Permits the sale of commercial drink products that contain no more than 10 milligrams of hemp-derived cannabinoids to persons twenty-one years of age or older. Establishes penalties for the sale or furnishing of cannabinoid drink products to, and the purchase or possession of cannabinoid drink products by, persons under twenty-one years of age.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.