HomeMy WebLinkAboutCOM 0220.001 1996-1998 JAY T. KIMURA 34 RAINBOW DRIVE
PROSECUTING ATTORNEY 4oo+Tr•of ~~Wq HISO. HAwAIi 9sno
\~,I,Ly~ PH. 96t 0466
FA%:961-2]03
CHARLENE Y. IBOSHI ~ 969-n s9
FIRST DEPUTY ~ ~ 96i-2560
PROSECUTING ATTORNEY ~ WEST HAWAII UNIT
••~J NO Box ]4B
1rF ar.N~J~ KEALAKEKUA. HAWAII 96)50
PH 322-2552
OFFICE OF THE PROSECUTING ATTORNEY FAx-3zz-ssa4
TESTIMONY RELATING TO INDUSTRIAL HEMP
Apri14, 1997
submitted by Crate T Masuda Deputy Prosecuting Attorney
Prosecutin¢ Attorney._Jav T. Kimura
Chairman Ray and Committee Members:
Thank you for the opportunity to comment on this informational hearing
Relating to Industrial Hemp. It should be noted that all comments made are
addressed toward the plant of the genus cannabis and not other forms of hemp such
as Manila hemp (Musa textilis), Sunn hemp (Crotalaria juncea), Mautritius hemp
(furcraea gigantea) or India hemp (Corchorus capsularis)
Under present law any cultivation of the genus cannabis would constitute a
violation of Chapter 712 of the Hawaii Revised Statues. Cannabis Sativa, more
popularly known as hemp, marijuana, and pakalolo, is the only hemp plant
containing tetrahydrocannabinol. The laws pertaining to marijuana makes no
distinction based on tetrahyrdocannabinol levels, any amount of this compound
would result in a criminal offense. Whether the item is touted as "Low grade Hemp"
or "High grade Sinsemillia" it is prohibited based on present law. Therefore
possession or cultivation of any strain of the genus cannabis would be a violation of
Chapter 712.
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The Hawaii Revised Statutes, as amended, contains defintions of "Marijuana"
in sections 329-1 and 712-1240. It must be noted that the applicability of the HRS
section 329-1 definition of marijuana and its exclusion of marijuana stalks and seeds
to criminal offenses under chapter 712 is presently under litigation.
Marijuana is defined in Hawaii Revised Statutes, as amdended, section
712-1240 as follows:
"Marijuana" means any part of the plant (genus) cannabis, whether growing or
not, including the seeds and the resin, and every alkaloid, salt derivative,
prepartation, compund, or mixture of the plant its seeds or resin, except that, as
use herein, "marijuana" does not include hashish, tetrahydrocannabinol, and
any alkaloid, salt, derivative, preparation, compound, mixture whether
natural or synthesized of tetrahydrocannabinol."
Therefore under the section 712-1240 definition of marijuana possession or
cultivation of any and all parts of the cannabis plant is prohibited.
Marijuana is defined by Hawaii Revised Statues, as amended Section 329-1 as
follows:
"Marijuana" means all parts of the plant (genus) cannabis whether growing or
not; the seeds thereof, the resin extracted from any part of the plant; and every
compound, manufacture, salt, derivative, mixture, or preparation of the plant,
it seeds, or resin. It does not include the mature stalks of the plant, fiber
produced from the stalks, oil, or cake made from the seeds of the plant, any
other coumpound, manufacture, salt ,derivative, mixture, or preparation of
the mature stalks (except the resin extracted therefrom), fiber, oil, or caked or
the sterilized seed of the plant which is incapable of germination.
Assuming arguendo that the definition of Marijuana pursuant to HRS section 329-1
is applicable to Chapter 712, cultivation of any cannabis plant would Brill be
prohibited. This is due to the fact that although section 329-1 does not include in its
definition of Marijuana the sterilized seeds, oils, fibers from the stalks of mature
plants and stalks of mature plants; even section 329-1 application to Chapter 712
would prohibit other parts of the growing marijuana plant including the resins from
the otherwise allowable stalks.