THE SENATE	S.B. NO.	3319
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-   Age-verification; manufactured hemp products. (a) For the purposes of complying with any state law or rule restricting the sale of a manufactured hemp product to persons under twenty-one years of age, it shall be an affirmative defense that the manufactured hemp product retailer that sells a manufactured hemp product to a person under twenty-one years of age in violation of any state law or rule restricting the sale of a manufactured hemp product to persons under twenty-one years of age had reasonably relied upon a third-party age-verification service establishing that person's age as at least twenty-one years of age before selling the person a manufactured hemp product. The failure of a manufactured hemp product retailer to request and examine photographic identification from a person under twenty-one years of age or utilize a third-party age‑verification service before the sale of a manufactured hemp 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 any state law or rule restricting the sale of a hemp-derived product to persons under twenty-one years of age.

(b) For the purposes of this section, "third-party age‑verification service" means a person or entity, independent of the retailer, that uses commercially reasonable methods to verify a purchaser's age, including verification based on government-issued photographic identification or reliable data sources."

SECTION 2. Section 328G-13, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) It shall be an affirmative defense that the manufactured hemp product retailer that sells a tincture 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 or a third-party age-verification service establishing that person's age as at least twenty-one years of age before selling the person a tincture. 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 tincture 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. For the purposes of this subsection, "third-party age‑verification service" has the same meaning as defined in section 328G-  ."

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:

Manufactured Hemp Products; Age-Verification; Third-Party Age‑Verification Service; Affirmative Defense

Description:

Establishes an affirmative defense for a manufactured hemp product retailer that reasonably relies on a third-party age‑verification service to comply with existing age-based sale restrictions for manufactured hemp products.

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