Summary — HCR 147 (2025): Coordinated enforcement to address illegal dispensaries selling cannabis labeled as hemp
Status and procedural history
- Bill type: Concurrent Resolution (non‑binding)
- Filed: March 7 / Introduced: May 10, 2025
- Referred to: HLT (Health), JHA (Judiciary & Hawaiian Affairs) — referral sheet 22 (Mar 14, 2025)
- Chamber actions: Adopted by both chambers (House and Senate) week of May 23–26, 2025; enrolled May 26–27; sent to Governor May 28, 2025
- Governor: Signed June 20, 2025
- Companion: HR 141
Primary purpose
- Urges the Department of Health (DOH), the Attorney General, and the Department of Law Enforcement (DLE) to coordinate and develop an enforcement plan to address the rapid growth of illegal dispensary operators that market and sell cannabis products labeled as hemp.
Key findings cited in the resolution
- Hemp and marijuana derive from Cannabis sativa; legal distinction is largely chemical (hemp = ≤ 0.3% delta‑9 THC; marijuana = > 0.3%).
- Total delta‑9 THC concentration can only be validated by laboratory testing.
- There are alleged to be more than 84 illegal dispensaries selling cannabis labeled as hemp in Hawaii, including locations near airports, schools, public housing, and tourist areas (e.g., Waikiki).
- Illegal sellers may provide products without age verification, without medical cards, by online/delivery, and may sell products contaminated with pesticides, solvents, synthetic cannabinoids, etc.
- Other states have responded by banning delta‑8 THC or adopting emergency regulations to prohibit retail sale of products with any detectable THC.
Key provisions / actions urged
- The DOH, Attorney General, and DLE are urged to coordinate an enforcement plan to address the lack of enforceable compliance, rules, and regulations concerning illegal dispensaries selling cannabis labeled as hemp.
- DOH is specifically urged to exercise existing authority under chapter 328G, Hawaii Revised Statutes, and chapter 11‑37, Hawaii Administrative Rules, to stop the proliferation of cannabis labeled as hemp — while acknowledging that the resolution states there are currently no specific statutes for regulation or enforcement of illegal dispensaries.
- The resolution characterizes the surge of illegal dispensaries as a public health and safety epidemic.
- Certified copies to be transmitted to DOH Director, Attorney General, and DLE Director.
Who is affected / likely impacts
- Directly affected: DOH, Attorney General’s Office, DLE (including Narcotics Enforcement Division), and local law enforcement agencies (e.g., Honolulu Police).
- Indirectly affected: operators of alleged illegal dispensaries; consumers (public health and product safety concerns); licensed hemp growers and participants in the state medical cannabis programs (patient registry and dispensary program).
- Practical effect: As a concurrent resolution, HCR 147 expresses legislative concern and urges coordinated action but does not create new statutory authority, appropriate funds, or impose penalties. It may prompt administrative enforcement actions, inter‑agency planning, or regulatory changes (e.g., emergency rules or policy recommendations) but any binding legal changes would require subsequent legislation or formal agency rulemaking.
Key legal references
- 0.3% THC threshold (7 C.F.R. 990.1)
- Hawaii statutes and rules cited for DOH authority: chapter 328G, HRS; chapter 11‑37, HAR
Bottom line
HCR 147 is a non‑binding legislative expression urging state health and law enforcement authorities to coordinate an enforcement response to illegal dispensaries selling cannabis products labeled as hemp, highlighting public health risks and regulatory gaps and asking DOH to use existing administrative powers while noting the absence of specific statutory enforcement tools.
