RELATING TO CANNABIS.

SB3275

THE SENATE

S.B. NO.

3275

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

A BILL FOR AN ACT

relating
to cannabis
.

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

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SECTION 1.
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The Hawaii
Revised Statutes is amended by adding a new chapter to be appropriately
designated and to read as follows:

"
Chapter

Low-Dose
and Low-potency cannabis

Part I.
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General
Provisions

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-1
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Definitions.
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As used in this chapter:

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"Cannabinoid"
means any of the various naturally occurring, biologically active, chemical
constituents of the plant of the genus Cannabis that bind to or interact with
receptors of the endogenous cannabinoid system.

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"Cannabis"
has the same meaning as marijuana and marijuana concentrate as provided in
sections 329-1 and 712-1240; provided that for the purposes of this chapter
"cannabis":

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(1)
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Includes:

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(A)
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Cannabis flower and cannabis products;

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(B)
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Medical cannabis; and

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(C)
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Low-dose and low-potency cannabis; and

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(2)
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Does not include hemp or manufactured
hemp products authorized pursuant to chapter 328G.

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"Cannabis
accessories" means devices, equipment, materials, or products of any kind
that are intended or designed for use in planting, propagating, cultivating,
growing, harvesting, manufacturing, compounding, converting, producing,
processing, preparing, testing, analyzing, packaging, repackaging, storing, or
containing cannabis, or ingesting, inhaling, or otherwise introducing cannabis
into the human body.

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"Cannabis
concentrate" means the separated resin, whether crude or purified,
obtained, derived, or extracted from cannabis.

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"Cannabis
flower" means the flower of a plant of the genus Cannabis that has been
harvested, dried, or cured, before any processing whereby the plant material is
transformed into a cannabis product.

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"Child
care facility" has the same meaning as defined in section 346-151.

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"Child-resistant"
means designed or constructed to be significantly difficult for children under
the age of five to open, and not difficult for average adults to use properly.

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"Cultivate"
or "cultivation" means cloning, curing, drying, grading, growing,
harvesting, propagating, or trimming of low-dose and low-potency cannabis
plants or hemp plants.

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"Edible
cannabis product" means a cannabis product intended to be used orally, in
whole or in part, for human consumption, including cannabis products that
dissolve or disintegrate in the mouth.
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"Edible cannabis product" does not include any product
otherwise defined as cannabis concentrate.

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"Hemp" has the same meaning as
defined in section 328G-1.

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"Low-dose
and low-potency cannabis" means cannabis that:

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(1)
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May
be legally possessed or consumed by a person who is at least twenty-one years
of age pursuant to this chapter; and

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(2)
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Contains
not more than:

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(A)
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Five
milligrams of tetrahydrocannabinol per serving, as defined by the department by
rule; or

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(B)
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If
in liquid form, five milligrams of tetrahydrocannabinol per twelve ounces.

"Low-dose
and low-potency cannabis" includes low-dose and low-potency cannabis
products.
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"Low-dose and low-potency
cannabis" does not include medical cannabis.

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"Low-dose
and low-potency cannabis plant" means the plant of the genus Cannabis that
produces low-dose and low-potency cannabis in the seedling, vegetative, or
flowering stages, with readily observable roots and leaves with serrated
edges.
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"Cannabis plant" does
not include a germinated seed, cutting, or clone without readily observable
roots and leaves with serrated edges.

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"Low-dose
and low-potency cannabis product" means any product containing or derived
from low-dose and low-potency cannabis, including an edible cannabis product,
and cannabis concentrate.
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"Low-dose
and low-potency cannabis product" does not include medical cannabis
products.

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"Manufactured hemp product" has
the same meaning as defined in section 328G-1.

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"Marijuana" has the same meaning
as defined in section 712‑1240.

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"Marijuana concentrate" has the
same meaning as defined in section 712-1240.

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"Medical
cannabis" means cannabis that is dispensed by a medical cannabis
dispensary for the medical use of cannabis pursuant to chapter 329D.
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"Medical cannabis" includes a
medical cannabis product.

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"Medical cannabis dispensary" has
the same meaning as defined in section 329D-1.

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"Medical
cannabis product" means any product containing or derived from cannabis,
including an edible cannabis product and cannabis concentrate, that is solely
for medical use by a medical cannabis patient pursuant to chapter 329D.

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"Medical
use" means the acquisition, cultivation, possession, transportation, or
use of cannabis or cannabis accessories relating to the administration of
cannabis to alleviate the symptoms or effects of a medical cannabis patient's
debilitating medical condition.

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"Personal
adult use" means the acquisition, cultivation, possession, transportation,
or use of low-dose and low-potency cannabis or cannabis accessories by a person
who is at least twenty-one years of age.

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"Private
residence" means a house, condominium, or apartment.
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"Private residence" does not
include, unless otherwise authorized by law, dormitories or other on-campus
college or university housing; bed-and-breakfast establishments, hotels,
motels, or other commercial hospitality operations; and federal public housing,
shelters, or residential programs.

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"Process"
or "processing" means to blend, compound, extract, infuse, or
otherwise make or prepare a cannabis product.

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"School"
has the same meaning as defined in section 712‑1249.6.

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"School
vehicle" has the same meaning as defined in section 286‑181.

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"
Tetrahydrocannabinol
" means the group of cannabinoids
that function as the primary psychoactive component of cannabis.

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2
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General exemptions.
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(a)
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Notwithstanding any law to the contrary, including part IV of chapter
329 and part IV of chapter 712, actions authorized pursuant to this chapter
shall be lawful if done in strict compliance with the requirements of this
chapter and any rules adopted pursuant to this chapter.

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(b)
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A person may assert strict compliance with
this chapter or rules adopted pursuant to this chapter as an affirmative
defense to any prosecution involving marijuana or marijuana concentrate,
including under part IV of chapter 329 and part IV of chapter 712.

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(c)
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Actions that do not strictly comply with the
requirements of this chapter and any rules adopted pursuant to this chapter
shall be unlawful and subject to civil, criminal, or administrative procedures
and penalties, or all of the above, as provided by law.

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Limitations; construction with other laws.
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Nothing in this chapter shall be construed
to:

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(1)
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Supersede any law relating to operating
a vehicle under the influence of an intoxicant;

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(2)
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Supersede any law involving the
performance of any task while impaired by cannabis that would constitute
negligence or professional malpractice, or prevent the imposition of any civil,
criminal, or other penalty for the conduct;

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(3)
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Supersede any law prohibiting or
relating to smoking or vaping, including chapter 328J;

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(4)
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A
uthorize the possession or use of
cannabis or cannabis accessories on the grounds of or within a child care
facility, school, daycare center, youth center, college, university, or other
educational institution, including a nursery school or summer camp; school
vehicle; or any correctional facility or detoxification facility; provided that
a caregiver may administer a medical cannabis product that is not intended for
inhalation to a medical cannabis patient under the age of twenty-one in a
vehicle on school grounds; provided further that a college or university may
authorize the possession or use of cannabis or cannabis accessories, including low-dose
and low-potency cannabis or cannabis accessories, by persons who are at least
twenty-one years of age on the grounds of or within the college or university
in accordance with this chapter; or

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(5)
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Require any person that occupies, owns,
or controls real property to allow the consumption, cultivation, dispensing,
display, distribution, or processing of cannabis on or within that property;
provided that in the case of the rental of a residential dwelling, a landlord
shall not prohibit the possession of cannabis or the consumption of cannabis
that is not intended for inhalation, unless:

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(A)
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The tenant is renting a room or rooms
in only a portion of a residence, where the rest of the residence is rented to
other people or occupied by the landlord;

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(B)
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The residence is incidental to
detention or the provision of counseling, educational, geriatric, medical,
religious, or similar service;

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(C)
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The residence is a transitional housing
facility; or

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(D)
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Failing to prohibit the possession or
use of cannabis would violate federal law or regulations or cause the landlord
to lose a monetary or licensing-related benefit under federal law or
regulations.

Part iI.
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AUTHORIZED CONDUCT; SALE, Use, or cultivation
of low-dose and low-potency CANNABIS

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Sale or use of low-dose and low-potency cannabis;
protections.
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(a)
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Notwithstanding any other provision of law to
the contrary, except as limited by this chapter, beginning January 1, 2027, it
shall be lawful for persons who are at least twenty-one years of age to:

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(1)
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Dispense or otherwise sell low-dose and
low-potency cannabis to any person who is at least twenty-one years of age;

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(2)
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Cultivate, store, transport, manufacture, process,
possess, or possess with intent to distribute up to
pounds of low-dose and low-potency cannabis for
retail or dispensing purposes only;

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(3)
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Smoke, ingest, or consume
low-dose and low-potency
cannabis;

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(4)
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Purchase, transport, or possess up to
ounces of low-dose and low-potency cannabis and up to
grams of low-dose and low-potency cannabis products;

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(5)
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Within a person's private residence
only, possess up to ounces of low-dose and
low-potency cannabis produced by their personal cultivation of cannabis
pursuant to section -12; provided that not more than
pounds of cannabis in total, whether for medical use or personal adult use of
low-dose and low-potency cannabis, shall be stored at any private residence,
regardless of the number of people residing there; and

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(6)
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Purchase, obtain, transport, or possess
cannabis accessories.

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(b)
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All low-dose and low-potency cannabis that is
dispensed by a business shall be stored in a sealed child-resistant and
resealable packaging with original labels and not easily accessible to any
person under the age of twenty‑one.
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All low-dose and low-potency cannabis cultivated for personal adult use
shall be stored in a manner that is not easily accessible to any person under
the age of twenty-one.

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(c)
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All low-dose and low-potency cannabis shall
be transported in a sealed container, shall not be visible to the public, and
shall not be removed from its sealed container or consumed or used in any way
while in a public place or vehicle.

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(d)
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For the purposes of medical care, including
organ and tissue transplants, a person's personal adult use of
low-dose
and low-potency
cannabis in compliance with this
part shall not constitute the use of an illicit substance or otherwise
disqualify a person from medical care, unless in the judgment of the health
care provider the use of
low-dose and low-potency
cannabis
increases the risk for an adverse outcome from a medical procedure or
treatment.

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(e)
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No person shall be denied custody,
visitation, or parenting time with a minor for conduct allowed under this part
and no presumption of neglect or child endangerment shall arise therefrom;
provided that this subsection shall not apply if the person's conduct creates a
danger to the safety of the minor as established by a preponderance of the
evidence.

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(f)
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Except as provided in this chapter, the State
and any of its political subdivisions shall not impose any discipline upon an
employee or deny an employee any benefit or entitlement for conduct permitted
under this part or solely for the presence of cannabinoids or cannabinoid
metabolites in the urine, blood, saliva, breath, hair, or other tissue or fluid
of a person who is at least twenty-one years of age, unless the failure to do
so would cause the State or any of its political subdivisions to lose a monetary
or licensing-related benefit under a contract or federal law, or otherwise
violate federal law.
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This subsection
shall not be construed to prohibit the State or any of its political
subdivisions from:

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(1)
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Conducting drug testing and using the
results of those tests for the discipline of an employee if the testing is done
to comply with federal requirements or in accordance with the applicable
collective bargaining agreement; or

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(2)
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Disciplining employees for being
impaired by cannabis while at work.

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12
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Personal cultivation of low-dose and
low-potency cannabis.
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(a)
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Notwithstanding any other provision of law to
the contrary, except as limited by this part, beginning January 1, 2027,
it shall be lawful for persons who are at least twenty-one years of age to:

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(1)
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Possess, plant, or cultivate not more
than living low-dose and low-potency cannabis
plants, whether mature or immature, for personal adult use only; and

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(2)
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Harvest, dry, and process the low-dose
and low-potency cannabis plants cultivated under paragraph (1) into low-dose
and low-potency cannabis and low-dose and low-potency cannabis products for
personal adult use only.

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(b)
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Personal cultivation of low-dose and
low-potency cannabis plants shall only be permitted within, or on the grounds
of, a person's private residence; provided that not more than
plants, whether mature or immature and whether for medical use or for personal
adult use, shall be cultivated at a private residence at any time regardless of
the number of people residing at the private residence.

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(c)
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Low-dose and low-potency cannabis plants
cultivated for personal adult use shall be kept in a secured place not easily
accessible to any person under the age of twenty-one.

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(d)
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Low-dose and low-potency cannabis plants
cultivated for personal adult use shall not be visible to the public without
the use of technology.

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(e)
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A landlord, condominium association, planned
community association, or similar association may limit or prohibit the
personal cultivation of low-dose and low-potency cannabis plants through
contracts, lease or rental agreements, bylaws, or rules.

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(f)
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The department of commerce and consumer
affairs shall adopt rules in accordance with chapter 91 to establish
requirements and restrictions for the personal cultivation of low-dose and
low-potency cannabis plants, including manners in which the low-dose and
low-potency cannabis plant may be cultivated or processed into low-dose and
low-potency cannabis and low-dose and low-potency cannabis products and further
restrictions necessary to ensure that the personal cultivation of low-dose and
low-potency cannabis plants is not utilized for illicit activity.

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Cannabis accessories; authorized.
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(a)
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Notwithstanding any other provision of law to the contrary, it shall be
lawful for persons who are at least twenty-one years of age to manufacture,
possess, possess with intent to distribute, or purchase cannabis accessories,
or distribute or sell cannabis accessories to persons who are at least
twenty-one years of age.

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(b)
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This section is intended to meet the
requirements of title 21 United States Code section 863(f) by authorizing,
under state law, any person in compliance with this chapter to manufacture,
possess, or distribute cannabis accessories.

Part iII.
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Administrative rules

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Administrative rules; authority.
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The department of commerce and consumer
affairs shall adopt rules pursuant to chapter 91 to effectuate the purposes of
this chapter."

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SECTION
2
.
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Section 712-1240.1, Hawaii Revised Statutes,
is amended by amending subsection (2) to read as follows:

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"(2)
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It is an affirmative defense to prosecution for any marijuana-related
offense defined in this part that the person who possessed or distributed the
marijuana was authorized to possess or distribute the marijuana
pursuant to
chapter or
for medical purposes pursuant to part IX of
chapter 329."

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SECTION 3.
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This Act does not affect rights and duties that matured, penalties that
were incurred, and proceedings that were begun before its effective date.

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SECTION 4.
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If any provision of this Act, or the application thereof to any person
or circumstance, is held invalid, the invalidity does not affect other
provisions or applications of the Act that can be given effect without the
invalid provision or application, and to this end the provisions of this Act
are severable.

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SECTION 5.
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New statutory material is underscored.

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SECTION 6.
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This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

DCCA;
Cannabis; Low-Dose and Low-Potency Cannabis; Personal Adult Use; Sale;
Possession; Cultivation; Legalization

Description:

Beginning January 1, 2027, legalizes the cultivation, sale,
processing, purchasing, possession, transport, and use of low-dose and
low-potency cannabis for personal adult use by persons over the age of
twenty-one.
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Legalizes cannabis
accessories.
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Legalizes the cultivation
of low-dose and low-potency cannabis for personal adult use.
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Requires the Department of Commerce and
Consumer Affairs to adopt rules to effectuate the legalization of low-dose and
low-potency cannabis.

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