Industrial Hemp Varieties

What is Industrial Hemp?

2018 Supp. K.S.A. 2-3901(b)(7) defines “Industrial hemp” as…all parts and varieties of the plant cannabis sativa L, whether growing or not, that contain a delta-9 tetrahydrocannabinol concentration of not more than 0.3% on a dry weight basis.

What sources of Industrial Hemp are allowed?

Authorized Seed or Clone Plants

2018 Supp. K.S.A. 2-3902(a) allows The Kansas Department of Agriculture, alone or in coordination with a state educational institution, may cultivate industrial hemp grown from authorized seed or clone plants and promote the research and development of industrial hemp, in accordance with 7 U.S.C. § 5940.

2018 Supp. K.S.A. 2-3901(b)(11) “Authorized seed or clone plants” means a source of industrial hemp seeds or clone plants that

  • Has been certified by a certifying agency, as defined by K.S.A. 2-1415.
  • Has been produced from plants that were tested during the active growing season and were found to produce industrial hemp having a delta-9 tetrahydrocannabinol (THC) concentration that does not exceed 0.3% on a dry weight basis and has been certified in writing by the grower or distributor of such seeds or clone plants to possess such qualities.
  • Meets any other authorized standards approved by the Kansas department of agriculture through rules and regulations, except that no seed or clone plants shall be considered authorized seed or clone plants if they do not meet any standard adopted by the United States department of agriculture pursuant to 7 U.S.C. § 1621 et seq.

What varieties of Industrial Hemp are allowed?

Approved Varieties of Industrial Hemp

K.A.R. 4-34-5(e)(1) indicates each licensee shall use or allow to be used as part of the pilot program only industrial hemp plants, plant parts, grain, or seeds from varieties currently designated by the department as approved varieties of industrial hemp. The department’s document titled “approved varieties of industrial hemp for planting,” dated October 15, 2018.

K.A.R. 4-34-1(c) provides the definition of an “Approved variety of industrial hemp” which means a variety or strain of industrial hemp authorized for use in the pilot program.

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

Approved Varieties List

Unapproved Varieties of Industrial Hemp

K.A.R. 4-34-5(e)(2) Upon request of the individual wanting to be the primary licensee, any licensees listed on that individual’s research license application may be authorized by the secretary to cultivate, plant, grow, handle, harvest, condition, store, distribute, transport, or process varieties of industrial hemp other than those varieties identified under paragraph K.A.R. 4-34-5(e)(1).

To use an unapproved variety of industrial hemp, the variety must meet the criteria as being derived from an authorized seed or clone plants source, in which, A Request for Permission to Use an Unapproved Variety must be completed, and permission granted by the secretary must be acquired before the use of an unapproved variety of industrial hemp.

Summary

Approved and unapproved varieties of industrial hemp that are from an authorized seed or clone plants source may be utilized for activities permitted by the Commercial Industrial Hemp Act, K.S.A. 2-3901 et. seq.

Classifications   Statute or Regulation
Industrial hemp  K.S.A. 2-3901(b)(7)
Authorized seed or clone plants  K.S.A. 2-3902(a)
Approved varieties – included on approved list dated October 15, 2018  

K.A.R. 4-34-1(c)

K.A.R. 4-34-5(e)(1)
Unapproved varieties – not included on approved list dated October 15, 2018  K.A.R. 4-34-5(e)(2) 

When KDA personnel conduct a pre-harvest inspection of licensed industrial hemp fields, it is the responsibility of the primary licensee to present documentation that proves industrial hemp was derived from a source of authorized seed clone plants which means that variety is certified 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 in 2018 Supp. K.S.A. 2-3901(b)(11).

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.

Certified Seed

The current statute that governs the Kansas Industrial Hemp Research Program allows industrial hemp to be grown from certified seed. 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. 

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**While the Kansas Department of Agriculture has made every effort to accurately reproduce these statutes and regulations, they are not the official statutes and regulations of the State. The Kansas Statutes Annotated (K.S.A.), published by the Revisor of Kansas Statutes, and the Kansas Administrative Regulations (K.A.R.), published by the Secretary of State should be consulted for the text of the official statutes and administrative regulations of the State.