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SB3319
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:
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SECTION 1.
�
Chapter 328G, Hawaii Revised Statutes, is
amended by adding a new section to be appropriately designated and to read as
follows:
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"
�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.
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(b)
�
For the purposes of this
section, "t
hird-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.
"
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SECTION
2
.
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Section 328G-13, Hawaii
Revised Statutes, is amended by amending subsection (c) to read as follows:
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"(c)
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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.
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For the purposes of this subsection,
"third-party age‑verification
service" has the same meaning as defined in section 328G- .
"
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SECTION 3.
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New statutory
material is underscored.
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SECTION 4.
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This Act shall take effect upon its approval
.
INTRODUCED BY:
_____________________________
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 m
anufactured hemp
products.
The summary description
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not legislation or evidence of legislative intent.