Senate Substitute for House Bill 2167 establishes the Commercial Industrial Hemp Program. It requires KDA to submit a plan to the U.S. Department of Agriculture outlining how Kansas will monitor and regulate the commercial production of industrial hemp in Kansas. This was made possible as part of the 2018 Farm Bill. The next step is development of regulations and the state plan. It is important to note that licenses for commercial production of industrial hemp will not be available in Kansas until that state plan is approved by USDA.

No. Commercial production of industrial hemp will not be allowed until after regulations are developed and a state plan is submitted to USDA and that state plan is approved. At this time, the only way to grow industrial hemp is with a license through the Industrial Hemp Research Program.

There are slight changes to the current Industrial Hemp Research Program. The most notable change is the application window will reopen, so that applications to receive a license will be accepted again for a short time, beginning when the bill is published in the Kansas Register (this will likely be late April-early May) through June 1. Other changes in the bill which will apply to the Industrial Hemp Research Program include some small regulatory and administrative program changes that will take effect July 1. These include a decrease in the fee to modify a license, changes to the guidelines for vehicles transporting hemp, and adjusted guidelines for approved seed. All licensees will be notified of these changes.

Numbers are not yet final. All complete applications which meet all regulations and have passed the background check are being reviewed by the Advisory Board, which will make recommendations to the Secretary. This process is still underway. Once all have been reviewed and licenses have been issued, reports about licenses will be shared on the KDA Industrial Hemp webpage.

This information is not yet final. The process to review applications and issue licenses is still underway. Once all have been reviewed and licenses have been issued, reports about licenses will be shared on the KDA Industrial Hemp webpage, which will include locations and acres of research programs.

Although the 2018 Farm Bill allows for the creation of federal and state plans for the commercial production of industrial hemp, new legal authority and regulations will need to be adopted before Kansas can create a commercial program. The current regulations that are in place to govern the industrial hemp research program are still the only way that industrial hemp may be produced in Kansas. New legislation was passed in the 2019 legislative session that allows for development of a commercial industrial hemp program; however, that state plan will need to be created and then approved by USDA before that commercial industrial hemp program takes effect.

When SB 263 was published in the Kansas Register, industrial hemp was no longer categorized as a controlled substance in Kansas. However, the cultivation, growth, research, transportation, processing or distribution of industrial hemp or industrial hemp seed is only allowed with a license as part of the research program. The regulations to acquire a license and otherwise carry out the provisions of the alternative crop research act were published in the Kansas Register on Jan. 24, and applications for licenses were due on March 1. Applications are in the process of being reviewed and approved; once applications receive conditional approval and license fees are paid,  licenses are being issued.

Those wishing to participate in the Industrial Hemp Research Program will need to have an annual license, demonstrating the research plan subject to approval by the program. In addition, applicants need to submit to fingerprinting and a fingerprint-based background check. Anyone with a drug-related felony on their record will not be granted a license to grow industrial hemp. Applications for the 2019 growing season were due on March 1. Information about applications for future growing seasons will be located on this website when it becomes available. 

Yes, the Kansas Department of Agriculture will oversee and annually license all those participating in the cultivation, growth, research, oversight, study, analysis, transportation, processing or distribution of certified seed or industrial hemp. Applications to get an industrial hemp research license were due March 1. 

Applications for licensing were due March 1.

Until receive your license from the Kansas Department of Agriculture, it remains unlawful to grow industrial hemp in Kansas.

The makeup and duties of the Industrial Hemp Advisory Board are outlined in the regulations for the Industrial Hemp Research Program (K.A.R. 4-34-11). The board was named in February 2019, and can be found here: Industrial Hemp Advisory Board

Industrial hemp is a variety of Cannabis sativa and is of the same plant species as marijuana. However, hemp is genetically different and distinguished by its use and chemical makeup. Industrial hemp refers to cannabis varieties that are primarily grown as an agricultural crop. Industrial hemp is defined by K.S.A. 2-3901 et seq. as all parts and varieties of the plant cannabis sativa L that contain a delta-9 tetrahydrocannabinol (THC) concentration of no more than 0.3 percent on a dry weight basis. Any cannabis with a percentage of THC above 0.3% is considered to be marijuana and is not legal for production or sale.

No, only industrial hemp grown from approved varieties of certified seed will be allowed in the industrial hemp research program. A list of those varieties can be found here: Approved Varieties.  

Applications were due on March 1.

No. Your fingerprint cards, the waiver and the fee for your background check must have been sent in when you submitted your application.

All applications for a license with the Industrial Hemp Research Program were due March 1. Applications must have been postmarked by March 1 to be considered for a license, including all required elements: the application fee, the fingerprint card, the waiver form, and the background check fee. No part of the applications materials can be turned in later than March 1. Incomplete or late applications will not be considered. 

The application fee of $200 was due with the application by March 1. The background check fee of $47 per person was due with the fingerprint card and waiver form on March 1. The license fees will vary depending on the license and will be due 15 days after you have been notified of your conditional approval.