Current through September, 2024
Section 11-37-3 - Prohibitions(a) No person shall sell, hold for sale, offer, or distribute any hemp product that is adulterated or misbranded.(b) No person shall sell, hold for sale, offer, or distribute any hemp product that does not meet the testing requirements in subchapter 2.(c) No person shall sell, hold for sale, offer, or distribute any food, as defined in section 328-1, into which a cannabinoid, synthetic cannabinoid, hemp extract, hemp derivatives, or other hemp product has been added as an ingredient or component. This subsection shall not apply to hemp that is generally recognized as safe (GRAS) by FDA for use in foods, as intended, in a public GRAS notification.(d) No person shall sell, hold for sale, offer, or distribute any cannabinoid products used to aerosolize for respiratory routes of delivery, such as an inhaler, nebulizer, or other device designed for such purpose.(e) No person shall sell, hold for sale, offer, or distribute any hemp leaf or hemp floral material that is intended to be smoked or inhaled, including but not limited to hemp cigars or hemp cigarettes.(f) No person shall sell, hold for sale, offer, or distribute any hemp product containing any living hemp plants, viable seeds, leaf materials, or floral materials.(g) Except for hemp products intended for external topical application to the skin or hair, no person shall sell, hold for sale, offer, or distribute any products containing hemp or hemp derivatives that are intended to be introduced via non-oral routes of entry to the body, including but not limited to, use in eyes, ears, and nasal cavities.(h) No person shall sell, hold for sale, offer, or distribute any hemp product containing any of the following ingredients:(1) Any color additives not listed in subpart A or C of 21 C.F.R. part 73, published by the U.S. Government Publishing Office, as amended as of April 1, 2020;(4) Halogenated salicylanilides listed in 21 C.F.R. section 700.15, published by the U.S. Government Publishing Office, as amended as of April 1, 2020;(7) Prohibited cattle material, as defined in 21 C.F.R. section 700.27, published by the U.S. Government Publishing Office, as amended as of April 1, 2020;(10) Ephedrine alkaloids;(11) Synthetic cannabinoids;(12) Cannabinoids created through isomerization, including delta-8-tetrahydrocannabinol and delta-10-tetrahydrocannabinol; and(13) Any ingredient the department determines would render the product injurious or hazardous to health.(i) No person shall sell, hold for sale, offer, or distribute any aerosol hemp product containing zirconium.(j) Except for hemp products intended for external topical application to the skin or hair, no person shall sell, hold for sale, offer, or distribute any hemp product manufactured with components that are not intended to be safe for use in manufacture of a product for human consumption[Eff 8/9/21; am and comp 2/24/2022] (Auth: HRS §§ 328G-4) (Imp: HRS §§ 328G-1, 328G-3, 328G-4)