Commercial Industrial Hemp Program

Regulations and Adoption 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 provided insight into the U.S. Domestic Hemp Production Program through a draft of the interim final rule for the 2018 Farm Bill on Oct. 29, 2019. 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 ruling, and the state plans to submit the its plan promptly. Publication of the interim final rule is expected Oct. 31, 2019, and the USDA will be reviewing states’ plans 30 days from publication. KDA submitted a state plan on January 23, 2020 for inclusion into the U.S. Domestic Hemp Production Program.

For information about the U.S. Domestic Hemp Production Program please visit: USDA Rules & Regulations

Applications
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 was 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, but the timeline and transition to a commercial program is unknown and dependent on (1) the administrative rule and regulation approval and adoption process at the state level and (2) program acceptance by the USDA.