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SB3319

Relating To Hemp.

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Introduced· Jan 28, 2026

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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:

"[Underlined: §328G- ] [Underlined: Age-verification; manufactured hemp products.] [Underlined: (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.]

[Underlined: (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 [Underlined: 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. [Underlined: For the purposes of this subsection, ][Underlined: "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:

_____________________________

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.

Source: Hawaiʻi State Legislature · Retrieved Nov 8, 2026 · Source document ↗