Industrial Hemp Varieties

Announcement Regarding Authorized Seed

Due to the passage of the Senate Substitute for House Bill 2167, there will be a change in the requirements for the seed used in the Industrial Hemp Research Program.

As of July 1, 2019, the use of authorized seed and clone plants is allowed to be planted in addition to certified seed by those holding an active Grower License. Authorized industrial hemp seed or clone plants means those seeds or clone plants that have been:

  • produced from plants that were tested during the active growing season;
  • found to produce industrial hemp having a percentage of delta-9 tetrahydrocannabinol (THC) concentration, as defined in the bill, that does not exceed 0.3%; and
  • certified in writing by the grower or distributor of that such seeds or clone plants possess such qualities; or
  • certified to Association of Official Seed Certifying Agencies (AOSCA) standards; or
  • that meet any other authorized standards approved by the Kansas Department of Agriculture through rules and regulations.

Therefore, when KDA personnel conduct a pre-harvest inspection of licensed industrial hemp fields, it will be the responsibility of the primary licensee to present documentation that proves either certification to Association of Official Seed Certifying Agencies (AOSCA) standards or a Certificate of Analysis (COA) from a reputable laboratory showing that showing that the industrial hemp being inspected was grown from seeds or clone plants meeting the requirements as outlined above.

A failure to present either of these proofs will result in a violation and be addressed in a manner outlined in K.A.R. 4-34-21.

Approved Varieties

A list of approved varieties of Industrial Hemp was included in the regulations:

Approved Varieties List

Anyone who sought permission to use a variety of industrial hemp that is not currently on KDA's Approved Varieties list in your research project, must have completed a Request for Permission to Use Unapproved Industrial Hemp Variety and submitted it with your application.

Certified Seed

The current statute that governs the Kansas Industrial Hemp Research Program requires all industrial hemp to be grown from certified seed regardless of the variety used.  Certified seed is seed that has gone through a state seed certification program.  Certified seed must be accompanied by an official seed tag or certificate stating the name of the certifying agency and its seal, as well as the mechanical purity, germination, etc as required by both State seed law and certification standards.  

Here are examples of what Kansas certified seed labels and certificates look like

Other state agencies' labels will have similar characteristics. It is illegal to promote seed as certified if it isn't. For example, "certified organic seed" is not certified seed but "certified organic certified seed" would be the proper descriptor for seed produced organically and under seed certification.

There is currently no Kansas Certified Seed of industrial hemp available because hemp production has not been legal.  But, seed certified and properly labeled by sister state agencies, Canada, or an authorized OECD entity is recognized by KCIA and by the Kansas Department of Agriculture. 

Kansas hemp regulations take priority and all requirements of the program must be met before seed production to produce certified seed can be undertaken, then certification standards and procedures must be followed. It is fully your responsibility to know what certified seed is and to comply with Kansas Regulations regarding the industrial hemp seed you use.

Please consult the Kansas Crop Improvement Association if you have specific questions about certified seed or for help verifying the authenticity of certified hemp seed.