October 29, 2019 — The U.S. Department of Agriculture provided insight into the U.S. Domestic Hemp Production Program through a draft of the interim final rule for the 2018 Farm Bill. The Kansas Department of Agriculture is updating the soon-to-be-proposed administrative rules and regulations for the Commercial Industrial Hemp Program to coincide with the new federal ruling, and the state plans to submit its plan promptly. Publication of the interim final rule is expected Oct. 31, 2019. The USDA will begin to review states’ plans 30 days from publication.
For information about the U.S. Domestic Hemp Production Program please visit: USDA Rules & Regulations
For information about the upcoming Kansas Commercial Hemp Program please visit: Kansas Commercial Hemp Program
Applications for the 2020 Industrial Hemp Research Program are now available on the Applications Page. For a license as a grower, processor or distributor, licenses will be due November 30, 2019.
Proper forms for licensees to stay current with planting and harvest reports are available below. If a licensee has any questions about forms, please contact the KDA Industrial Hemp Research Program staff at kda.industrialhemp@ks.gov.
Program Regulations
Approved Varieties of Industrial Hemp
Summary of Fees
Request Forms
Request for Modification of License
Request to Use an Unapproved Variety
Request for Permission (General)
Deadlines
Industrial Hemp Important Deadlines (updated list coming soon)
Governor Jeff Colyer, M.D. signed Senate Bill 263 (now K.S.A. 2-3901 et seq.) in April 2018, which enacted the Alternative Crop Research Act allowing the Kansas Department of Agriculture to oversee the cultivation of industrial hemp in a research program. The KDA legal staff and plant protection and weed control program staff quickly began the process of developing regulations and other administrative documents and procedures to guide the Alternative Crop Research Act.
Since that time, KDA staff participated in more than 14 public outreach events across the state, which began with an open dialogue and information exchange at a public forum May 11 and included a public hearing prior to publishing the regulations. Content from those events is included on this page.
The regulations were approved by the Department of Administration and the Attorney General and reviewed by the Legislative Joint Committee on Administrative Rules and Regulations before final regulations were published in the Kansas Register on Jan. 24, 2019. They became effective on Feb. 8, 2019, 15 days following their publication.
The Industrial Hemp Research Program became possible because the 2014 Farm Bill included a section to allow for universities and state departments of agriculture to begin cultivating industrial hemp for purposes of research, provided that the growing and cultivating of industrial hemp is allowed under state law. Industrial hemp is defined by SB 263 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.
The passage of the 2018 Farm Bill removed federal restrictions on the establishment of commercial hemp programs and allows individual states to develop a plan to license the commercial production of hemp and further directs the U.S. Department of Agriculture to develop a plan for states that do not do so. In order to establish a program for the commercial production of industrial hemp, Kansas must develop a plan through KDA, in consultation with the Governor and Attorney General. Any such plan must be submitted to USDA for approval.
The opportunity to grow a new specialty oilseed crop in Kansas offers potential for diversification for Kansas farmers looking for an alternative crop, or for new farming enterprises interested in cultivating industrial hemp. The Kansas agriculture industry has developed a statewide strategic growth plan in recent years, and is committed to pursuing new and innovative opportunities to grow agriculture. The research generated by participants of this new industrial hemp program will be valuable data in identifying the growth potential offered in this sector.