Session of 2025
HOUSE BILL No. 2135
By Committee on Agriculture and Natural Resources
Requested by Representative Moser, on behalf of the Kansas Department of
Agriculture
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AN ACT concerning agriculture; relating to industrial hemp; making
certain provisions of the commercial industrial hemp act applicable
only if the Kansas department of agriculture has submitted a state plan
to the federal government for the state monitoring and regulation of
industrial hemp within Kansas and such state plan is still active;
removing references to the expired hemp research program; amending
K.S.A. 2-3903, 2-3905, 2-3908 and 2-3909 and K.S.A. 2024 Supp. 2-
3902, 2-3906, 2-3907 and 2-3911 and repealing the existing sections;
also repealing K.S.A. 2-3904.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 2024 Supp. 2-3902 is hereby amended to read as
follows: 2-3902. (a) If a state plan submitted pursuant to K.S.A. 2-3906(a),
and amendments thereto, is currently active, the Kansas department of
agriculture shall, by the adoption of rules and regulations, establish and
maintain an advisory board within the department to provide input and
information regarding the regulation and development of industrial hemp
in the state of Kansas and any programs proposed or operated by the
department. Such board shall include a minimum of six members,
including members that represent the following:
(1) The Kansas legislature;
(2) crop research;
(3) industrial hemp production or processing;
(4) law enforcement;
(5) seed certification; and
(6) the state entity designated to regulate hemp processors.
(b) If established and maintained pursuant to subsection (a), the state
advisory board shall meet at least annually. Members shall receive no
compensation but shall be paid subsistence allowances, mileage and other
expenses as provided in K.S.A. 75-3223, and amendments thereto.
(c) The secretary of agriculture may require a hemp employee to be
fingerprinted and to submit to a state and national criminal history record
check in accordance with K.S.A. 2024 Supp. 22-4714, and amendments
thereto.
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(2) An individual who has been convicted of a felony violation of
article 57 of chapter 21 of the Kansas Statutes Annotated, and amendments
thereto, or a substantially similar offense in another jurisdiction, within the
immediately preceding 10 years, shall be disqualified from initial or
continuing employment under this section.
(3) The individual seeking initial or continuing employment under
this section shall pay the costs of fingerprinting and the state and national
criminal history record checks.
Sec. 2. K.S.A. 2-3903 is hereby amended to read as follows: 2-3903.
(a) The commercial industrial hemp act licensing fee fund shall be
administered by the secretary of agriculture. All expenditures from the
commercial industrial hemp act licensing fee fund shall be made in
accordance with appropriation acts upon warrants of the director of
accounts and reports issued pursuant to vouchers signed by the secretary of
agriculture or the secretary's designee.
(b) If a state plan submitted pursuant to K.S.A. 2-3906(a), and
amendments thereto, is active, except as provided in K.S.A. 2-3907, and
amendments thereto, licensing and renewal fees shall be established
pursuant to rules and regulations adopted by the secretary under the
commercial industrial hemp act. The amounts received for such fees shall
be deposited in the state treasury in accordance with K.S.A. 75-4215, and
amendments thereto, and shall be credited to the commercial industrial
hemp act licensing fee fund.
Sec. 3. K.S.A. 2-3905 is hereby amended to read as follows: 2-3905.
(a) It is the intent of the legislature of the state of Kansas that, if a state
plan submitted pursuant to K.S.A. 2-3906(a), and amendments thereto, is
active, the implementation of the commercial industrial hemp act by the
Kansas department of agriculture shall be conducted in the least restrictive
manner allowed under federal law.
(b) This section shall be a part of and supplemental to the commercial
industrial hemp act, K.S.A. 2-3901 et seq., and amendments thereto.
Sec. 4. K.S.A. 2024 Supp. 2-3906 is hereby amended to read as
follows: 2-3906. (a) The Kansas department of agriculture, may:
(1) Request that the United States department of agriculture
administer commercial industrial hemp production in Kansas pursuant to
the requirements of the United States department of agriculture; or
(2) in consultation with the governor and attorney general, shall
submit a state plan to the United States department of agriculture under
which the Kansas department of agriculture will monitor and regulate the
commercial production of industrial hemp within the state in accordance
with 7 U.S.C. § 1621 et seq. and any rules and regulations adopted
thereunder.
(b) If a state plan is submitted pursuant to subsection (a), such plan
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shall include the following:
(1) A procedure to maintain relevant information regarding land on
which industrial hemp is produced, including a legal description of the
land, for a period of not less than three calendar years;
(2) a procedure for testing, using post-decarboxylation or other
similarly reliable methods, the delta-9 tetrahydrocannabinol concentration
levels of industrial hemp produced;
(3) a procedure for the effective disposal of industrial hemp and hemp
products that are found to be in violation of this act;
(4) any licensing requirements or other rules and regulations deemed
necessary by the Kansas department of agriculture for the proper
monitoring and regulation of industrial hemp cultivation and production
for commercial purposes, including, but not limited to:
(A) Fees for licenses, license renewals and other necessary expenses
to defray the cost of implementing and operating the plan on an ongoing
basis; and
(B) standards for authorized seed or clone plants;
(5) a procedure for the creation of documentation that any person in
possession of unprocessed industrial hemp may use to prove to any law
enforcement officer that such industrial hemp was lawfully grown under
this section;
(6) a procedure for conducting annual inspections of, at a minimum, a
random sample of hemp producers to verify that industrial hemp is not
produced in violation of this act; and
(7) any other procedures necessary to meet the requirements set forth
in 7 U.S.C. § 1621 et seq. and any rules and regulations adopted
thereunder.
(c) (1) A hemp producer who negligently violates this section or any
rules and regulations adopted hereunder shall not be subject to any state or
local criminal enforcement action, but shall comply with the following
corrective actions as applicable:
(A) A reasonable date by which the hemp producer shall correct the
negligent violation; and
(B) a requirement that the hemp producer shall periodically report to
the Kansas department of agriculture on the hemp producer's compliance
with this section and rules and regulations adopted hereunder, for a period
of not less than the next two calendar years.
(2) A hemp producer who negligently violates this section or any
rules and regulations adopted hereunder three times in a five-year period
shall be ineligible to produce industrial hemp for a period of five years
beginning on the date of the third violation.
(3) If a state plan submitted pursuant to subsection (a) is active, the
Kansas department of agriculture shall immediately report any violation by
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a hemp producer with a greater culpable mental state than negligence to
the attorney general and such hemp producer shall not be subject to the
exemption in subsection (c)(1).
(d) If a state plan submitted pursuant to subsection (a) is active, any
individual otherwise eligible to become a licensed hemp producer shall not
be eligible to produce industrial hemp if such individual has submitted any
materially false information in any application to become a licensed hemp
producer.
(e) (1) If a state plan submitted pursuant to subsection (a) is active,
the department shall require, as a qualification for initial or continuing
licensure, all individuals seeking a license or license renewal as a hemp
producer under this section to be fingerprinted and to submit to a state and
national criminal history record check in accordance with K.S.A. 2024
Supp. 22-4714, and amendments thereto.
(2) If a state plan submitted pursuant to subsection (a) is active, an
individual who has been convicted of a felony violation of article 57 of
chapter 21 of the Kansas Statutes Annotated, and amendments thereto, or a
substantially similar offense in another jurisdiction, within the
immediately preceding 10 years, shall be disqualified from initial or
continuing licensure as a hemp producer under this section.
(3) If a state plan submitted pursuant to subsection (a) is active, the
individual seeking a license or license renewal as a hemp producer under
this section shall pay the costs of fingerprinting and the state and national
criminal history record checks.
(f) If a state plan submitted pursuant to subsection (a) is active, the
secretary of agriculture shall promulgate rules and regulations to
implement the plan submitted to the United States department of
agriculture and to otherwise effectuate the provisions of this section.
(g) Upon the repeal of 7 U.S.C. § 5940 or either the adoption of a
federal plan by the United States department of agriculture that allows for
the cultivation and production of industrial hemp for commercial purposes
within the state or upon the adoption of rules and regulations by the
Kansas secretary of agriculture that establish the cultivation and
production of industrial hemp for commercial purposes within the state,
the Kansas department of agriculture may discontinue the industrial hemp
research program established pursuant to K.S.A. 2-3902, and amendments
thereto.
(h) Any modification fee established by the department for any
requested change to a license that was previously issued by the department
under this section shall not exceed $50.
(i)(h) Any licensing or other fees collected pursuant to this section
and any rules and regulations adopted hereunder shall be deposited in the
commercial industrial hemp act licensing fee fund established by K.S.A. 2-
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3903, and amendments thereto, for all costs of the administration of the
commercial production of industrial hemp.
(j)(i) This section shall be a part of and supplemental to the
commercial industrial hemp act, K.S.A. 2-3901 et seq., and amendments
thereto.
Sec. 5. K.S.A. 2024 Supp. 2-3907 is hereby amended to read as
follows: 2-3907. (a) The state fire marshal shall create and maintain a
registry of all hemp processors operating within the state of Kansas.
(b) Any person engaging in the processing of industrial hemp shall
register annually with the state fire marshal prior to processing industrial
hemp.
(c) Registration shall expire annually on June 30. Registration fees,
not to exceed $1,000, shall be established pursuant to rules and regulations
adopted by the state fire marshal.
(d) Any person required to register as a hemp processor pursuant to
this section shall submit an annual registration application on a form
provided by the state fire marshal that shall include, at a minimum:
(1) The full legal name, date of birth, address and telephone number
of the applicant. If the applicant is not an individual, the same information
shall also be provided for all owners and the individual responsible for all
industrial hemp processing and related activities performed by the
applicant;
(2) the physical location of any premises that will serve as a part of
the applicant's industrial hemp processing operations;
(3) a brief description of the industrial hemp processing methods,
activities and products planned for production; and
(4) certification that such applicant has fully complied with the
fingerprinting and criminal history record check requirements contained in
this section, if applicable. Any such applicant who provides a false
statement of compliance with such requirements shall be guilty of a class
C nonperson misdemeanor.
(e) The state fire marshal shall provide an updated list of all hemp
processors to the Kansas bureau of investigation and to the county sheriff
in each county where a hemp processor is located as often as is reasonably
required or requested.
(f) Fees collected pursuant to this section shall be remitted to the state
treasurer in accordance with the provisions of K.S.A. 75-4215, and
amendments thereto. Upon receipt of each such remittance, the state
treasurer shall deposit the entire amount in the state treasury to the credit
of the fire marshal fee fund.
(g) It shall be unlawful for any person to operate as a hemp processor
without valid registration. Upon a first conviction for a violation of this
subsection, a person shall be guilty of a class A nonperson misdemeanor.
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On a second or subsequent conviction for a violation of this subsection, a
person shall be guilty of a severity level 9, nonperson felony.
(h) (1) The state fire marshal shall require all individuals applying for
a hemp processor registration who seek to engage in the extraction of
cannabinoids from industrial hemp, including the disposal of such
cannabinoids, pursuant to the commercial industrial hemp act to be
fingerprinted and submit to a state and national criminal history record
check in accordance with K.S.A. 2024 Supp. 22-4714, and amendments
thereto.
(2) An individual who has been convicted of a felony violation of
article 57 of chapter 21 of the Kansas Statutes Annotated, and amendments
thereto, or a substantially similar offense in another jurisdiction, within the
immediately preceding 10 years, shall be disqualified from processing
industrial hemp under this section.
(3) The state fire marshal may deny registration to any individual
who has violated subsection (g) or any other provision of the commercial
industrial hemp act.
(4) The individual seeking authorization to extract or dispose of
cannabinoids from industrial hemp pursuant to this section shall pay the
costs of fingerprinting and the state and national criminal history record
check.
(i) (1) The state fire marshal shall promulgate rules and regulations to
carry out the provisions of this section, including, but not limited to, rules
and regulations on:
(A) The denial, conditioning, renewal or revocation of registration;
(B) the creation of multiple classes of registrations based upon the
scope of hemp processing activities of an applicant;
(C) construction and safety standards for processing facilities;
(D) security measures;
(E) inventory control;
(F) maintenance of records;
(G) access to and inspection of records and processing facilities by
the state fire marshal and law enforcement agencies;
(H) the collection and disposal of any cannabinoids extracted during
the processing of industrial hemp that cannot be lawfully sold in this state;
and
(I) the transportation of industrial hemp or hemp products.
(2) The state fire marshal may grant an exemption from the
application of a specific requirement of rules and regulations promulgated
under paragraph (1), unless the state fire marshal determines that the
condition, structure or activity that is or would be in noncompliance with
such requirement would constitute a distinct hazard to life or property. Any
such exemption shall be granted only upon written request of a registrant
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or applicant for registration that clearly demonstrates that enforcement of a
specific requirement of a rule and regulation will cause unnecessary
hardship as determined by the state fire marshal.
(j) If a state plan submitted pursuant to K.S.A. 2-3906(a), and
amendments thereto, is active, the Kansas department of agriculture and
the state fire marshal shall coordinate with one another, including
providing any requested information from the other, regarding industrial
hemp licensees, hemp processors and hemp processor applicants necessary
for the enforcement of any laws or rules and regulations relating to
industrial hemp.
(k) This section shall be a part of and supplemental to the commercial
industrial hemp act, K.S.A. 2-3901 et seq., and amendments thereto.
Sec. 6. K.S.A. 2-3908 is hereby amended to read as follows: 2-3908.
(a) (1) It shall be unlawful for any of the following hemp products to be
manufactured, marketed, sold or distributed by any person in the state of
Kansas:
(A) Cigarettes containing industrial hemp;
(B) cigars containing industrial hemp;
(C) chew, dip or other smokeless material containing industrial hemp;
(D) teas containing industrial hemp;
(E) liquids, solids or gases containing industrial hemp for use in
vaporizing devices; and
(F) any other hemp product intended for human or animal
consumption containing any ingredient derived from industrial hemp that
is prohibited pursuant to the Kansas food, drug and cosmetic act, K.S.A.
65-636 et seq., and amendments thereto, and the commercial feeding stuffs
act, K.S.A. 2-1001 et seq., and amendments thereto. This subparagraph
shall not otherwise prohibit the use of any such ingredient, including
cannabidiol oil, in such hemp products.
(2) As used in this subsection:
(A) "Human or animal consumption" means:
(i) Ingested orally; or
(ii) applied by any means such that an ingredient derived from
industrial hemp enters the human or animal body.
(B) "Intended for human or animal consumption" means:
(i) Designed by the manufacturer for human or animal consumption;
(ii) marketed for human or animal consumption; or
(iii) distributed with the intent that it be used for human or animal
consumption.
(b) (1) It shall be unlawful for any of the following hemp products to
be marketed, sold or distributed to any person in Kansas who is not
registered as a hemp processor pursuant to K.S.A. 2-3907, and
amendments thereto, or who does not possess, as applicable, a license
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issued by either the Kansas department of agriculture or the United States
department of agriculture under any commercial plan established pursuant
to K.S.A. 2-3906, and amendments thereto, or the research program
established pursuant to K.S.A. 2-3902, and amendments thereto:
(A) Industrial hemp buds;
(B) ground industrial hemp floral material;
(C) ground industrial hemp leaf material; or
(D) any extract from industrial hemp with a delta-9
tetrahydrocannabinol concentration greater than 0.3% that will be further
processed.
(2) No license or registration shall be required for the transport of
hemp products described in paragraph (1) if such products are transported
between hemp producers and hemp processors or between more than one
hemp processor. Any such transportation of hemp products shall be subject
to rules and regulations promulgated by the state fire marshal pursuant to
this act.
(c) (1) Upon a first conviction for a violation of this section, a person
shall be guilty of a class A nonperson misdemeanor.
(2) On a second or subsequent conviction for a violation of this
section, a person shall be guilty of a severity level 9, nonperson felony.
(d) Nothing in this section shall prohibit:
(1) The use of any hemp product for research purposes by a state
educational institution or affiliated entity; or
(2) the production, use or sale of any hemp product that is otherwise
not prohibited by state or federal law.
(e) This section shall be a part of and supplemental to the commercial
industrial hemp act, K.S.A. 2-3901 et seq., and amendments thereto.
Sec. 7. K.S.A. 2-3909 is hereby amended to read as follows: 2-3909.
(a) (1) All solid waste, as defined in K.S.A. 65-3402, and amendments
thereto, or 42 U.S.C. § 6903, as in effect on January 1, 2025, and all
hazardous waste, as defined in K.S.A. 65-3430, and amendments thereto,
or 42 U.S.C. § 6903, as in effect on January 1, 2025, resulting from the
cultivation, production or processing of industrial hemp under the
commercial industrial hemp act shall be managed in accordance with all
applicable solid and hazardous waste laws and regulations and the
requirements of subsection (a)(2) or 42 U.S.C. §§ 6901 through 6992k, as
in effect on January 1, 2025.
(2) (A) If any such waste can be used in the same manner as, or has
the appearance of, a controlled substance, as defined in K.S.A. 65-4101,
and amendments thereto, all such waste shall be rendered unusable and
unrecognizable before the waste is transported or disposed.
(B) This requirement shall not apply to waste that is managed as a
hazardous waste and sent to a hazardous waste facility, as defined in
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K.S.A. 65-3430, and amendments thereto.
(3) For the purposes of this section, "unusable and unrecognizable"
means that such waste can not be used in the same manner as, and does not
have the appearance of, a controlled substance, as defined in K.S.A. 65-
4101, and amendments thereto.
(b) Any violation of this section shall be considered an unlawful act
for the purposes of K.S.A. 65-3409, and amendments thereto.
(c) This section shall be a part of and supplemental to the commercial
industrial hemp act, K.S.A. 2-3901 et seq., and amendments thereto.
Sec. 8. K.S.A. 2024 Supp. 2-3911 is hereby amended to read as
follows: 2-3911. (a) If a state plan submitted pursuant to K.S.A. 2-3906(a),
and amendments thereto, is active, whenever a person licensed under the
commercial industrial hemp act is required to conduct effective disposal of
industrial hemp pursuant to standards established by the controlled
substances act, 21 U.S.C. 13 et seq., or under regulations adopted by the
United States drug enforcement administration, the Kansas department of
agriculture shall notify state or local law enforcement agencies with
jurisdiction in the area in which the industrial hemp was grown that
effective disposal is required.
(b) If a state plan submitted pursuant to K.S.A. 2-3906(a), and
amendments thereto, is active, the department shall develop a plan for
effective disposal of industrial hemp in coordination with the state or local
law enforcement agency notified pursuant to subsection (a).
(c) (1) In order to carry out the provisions of this section, the
department is authorized to perform any action necessary to ensure that
effective disposal of industrial hemp occurs, including, but not limited to:
(A) Taking temporary possession of the industrial hemp;
(B) destroying the industrial hemp; or
(C) supervising and directing any appropriate method of effective
disposal.
(2) The state or local law enforcement agency shall approve in
advance any such action taken by the department or any person under the
department's direction or supervision.
(d) The secretary may require a hemp destruction employee to be
fingerprinted and to submit to a state and national criminal history record
check annually in accordance with K.S.A. 2024 Supp. 22-4714, and
amendments thereto. The secretary may use the information obtained from
fingerprinting and the criminal history record check to verify the identity
of the employee or agent and determine whether the employee or agent has
been convicted of a felony violation of article 57 of chapter 21 of the
Kansas Statutes Annotated, and amendments thereto, or a substantially
similar offense in another jurisdiction, within the 10 years immediately
preceding submission of such criminal history record check.
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(e) The department and the appropriate state or local law enforcement
agency may seek reimbursement from any individual licensed under the
commercial industrial hemp act for any costs incurred in conducting
effective disposal of industrial hemp.
(f) The department shall have no authority to conduct effective
disposal for any industrial hemp or cannabis plant produced by individuals
not licensed under the commercial industrial hemp act.
(g) Nothing in this section shall limit the jurisdiction or authority of
state or local law enforcement to enforce article 57 of chapter 21 of the
Kansas Statutes Annotated, and amendments thereto.
(h) This section shall be a part of and supplemental to the commercial
industrial hemp act, K.S.A. 2-3901 et seq., and amendments thereto.
Sec. 9. K.S.A. 2-3903, 2-3904, 2-3905, 2-3908 and 2-3909 and
K.S.A. 2024 Supp. 2-3902, 2-3906, 2-3907 and 2-3911 are hereby
repealed.
Sec. 10. This act shall take effect and be in force from and after its
publication in the statute book.
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