Commercial Industrial Hemp Regulations: DRAFT

A draft of regulations and a list of edited definitions for the Commercial Industrial Hemp Program in Kansas was made available for public review through September 13.  In addition, the Industrial Hemp Advisory Board met to discuss the draft of commercial regulations on August 30. Based in input received from the Board and from the public, the regulations are being revised and the proposed regulations are being prepared. 

Regulations Approval Process
As part of the formal adoption process, the regulations will be reviewed by several entities, including the Division of Budget, Department of Administration, the Attorney General, and the Joint Committee on Administrative Rules and Regulations. In addition, they will be subject to a public hearing which will be announced in the Kansas Register 60 days prior to the hearing. The state’s Commercial Industrial Hemp Program plan also must be approved by the U.S. Department of Agriculture. The USDA is expected to provide the “Final Rule” on the establishment of a domestic hemp production program in late August 2019.

Since a Commercial Industrial Hemp Program is not available at this time, applications for the Kansas Industrial Hemp Research Program will be made available and must be applied for on an annual basis. Active 2019 Grower, Distributor, Processor, and State Educational Institution Industrial Hemp Research Program licenses expire January 31, 2020. Applications for the 2020 Industrial Hemp Research Program were made available in September 2019, and the deadline for 2020 licensure in the Industrial Hemp Research Program is November 30, 2019.

When will the commercial program be available?
KDA hopes to make the Commercial Industrial Hemp Program available for the 2020 growing season. The transition to a commercial program is dependent on (1) the administrative rule and regulation approval and adoption process at the state level and (2) program acceptance by the USDA. Those who are awarded a 2020 Industrial Hemp Research Program Grower licenses would transition a 2020 Commercial Industrial Hemp Producer license. In addition, those who did not receive a chance to apply for the 2020 Industrial Hemp Research Program would be able to apply for a 2020 Commercial Industrial Hemp Producer license during an application window in 2020.