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2-3901. Commercial industrial hetnp act; citation; definitions, (a) K.S.A. 2019 Supp. 2-3901 et 

seq., and amendments thereto, shall be known and may be cited as the commercial industrial he1np act. 

(b) As used in the commercial industri~ hemp act: 

(1) 11Commercial'' means .the cultivation or production of industl'ial hemp for p1.1rposes other than 

research as authodzed under K.S.A. 2019 Supp. 2-3906, and amendments thereto. 

(2) "Delta-9 tetrahydrocannabinol conc~ntraticm" means the combined percentage of delta-9 

tetrahydrocannabinol and its optical isomers, their salts and acids, and salts oOheir acids; reported as free 

THC: 

(A) On a dry weight basis, of any p~rt.ofthe plant cannabis sativa L.; or 

(B) on a percentage by weight basis in hemp products, waste or substances resulting from the 

production or processing of industrial hemp. 

{3) "Effective disposal" includes, but is not limited to: 

(A) Destruction; or 

(B) any other method of clisposing ofindustrial hemp or hemp products found to be in violation ofthis 

act that is permitted under the provisions of 7 U.S.C. § 1621 et seq. and any rules and regulations adopted 

thereund~r. , 

(4) "Hemp prodμcts" means all products made from inqustrial hemp, including, btJt not iimited to, 

cloth1. cordage, fiber, food, fuel, paint, papet, particleboard, plastics, seed, seed meal and seed oil for 

consumption and authorized seed or clone plants for cultivation, if th,e seeds originate from industrial 

hemp varieties. · 

(S) "Hemp producer" means any individual, Hcensed or otherwise, engaging in the cultivation or 

production of in_dustrial .h~mp for cotnme1·cial _purpose!'I pu1'suartt to K.S.A. 2019 Supp. 2-3906, and 

amendments thereto; 

(6) "Hemp processor'' means a person registei'ed un:der K.S.A. 2019 Supp. 2-3907, and umendments 

thereto, to process and manufacture industrial hemp .and hemp products. 

(7) "Industrial hemp" means all parts and varieties ofthe plant cannabis sa:tiva L., whether growing or 

not, that contain a delta~9 tetrahydrocam1abinol concentration ofnot more than 0.3% on a dry weight basis. 

(8) "Person" means an individual, corporatiot:1, partnership, association, joint stock company, trust, 

unincorporated organization or any similar entity Qr any combination ofthe foregoing ~cting in concert. 

(9) "Seed research1i means reseal'ch cond.uqted to develop or recreate better strains ofindustrial hemp, 

particularly for the purpose ofseed production. 

·(10) "State educational. institution'' means the university of Kansas, KaMas state university, Wichita 

state urfrversity, Empoi'ia state univ¢rsity, Pittsburg state university and Fort Hays _state university. 

{11} "Aqthorized seed or clone plants" means a source of industrial hemp seeds or clone plants that: 

(A) Has been certified by a certifying agency, as defined by K..S.A. 2-1415, and amendroents thereto; 

{B) has been p1;oduced from piants that were tested during the .active growing season and were found. 

to produce industrial hemp having a tetrahydrocannabinol concentration that does. not exceed 0.3% on a 

dry weight basis and has been certified in writing by t.he grower or distributor of sμch seeds or done plants 

to possess such qualities; or 

(C) 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 a)1y stl:lndard adopted by tl1e United States department of agriculture pur~uant to 

7 U.S.C. § 1621 et seq. 

History: L. 2018, ch. 62. § 1; L. 2019, ch. 37, § 7; Apr. 18. 

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2-3901. Commercial industrial hernp act; citation; definitions, (a) K.S;A. 2019 Supp. 2,.,3901 et 

seq., and amendments thereto,-shall be known and may be cited as the commercial industrial henip act. 

(b) As used in the commetc:.ial industrial hemp act: 

(1) 11Commercia1'1 means the cultlvation or production of industrial hemp for purposes other than 

research as authorized under K.S.A. 2019 Supp. 2-3906, and amendments thereto. 

(2) "Delta-,9 tetrahydrocannabinol r.;onc~ntrattqn" means the combined percentage of delta-9 

tetrahyd1·ocannabino( and its optical isomers, their saits and acids, and salts oftbeir acids, reported as free 

THC: 

(A) On a dry weight basis, of any part.ofthe plant cannabis sativa L.; or 

(B) on a percentage by weight basis in hemp products, waste or substances resulting from the 

productfon or processing of industrial hemp. 

(3) "Effective disposal!' includes, but is not limited to: 

(A) Destruction; or 

(B) any other method ofdisposing ofindustdal hemp 01· hemp products found to be in violation of this 

act that ls permitted under the provisions of7 U.S.C. § 1621 et seq. and any rules artd regulations adopted 

thereund~r. · 

(4) "Hemp .prodi.lcts" means all products made from h1qustrial hemp, including, J>μt rtot limited to, 

clothi cordage, fiber, food, fuel, paint, pap¢i:, p~rticleboard, plastics, seed, seed meal and seed oil for 

consumption arid authorized seed or clon~ plants for cultivation, if the seeds originate from industrial 

hemp varieties. · 

(5) "Hemp producer" means any individual, licensed or otherwise, engaging in the cultivation or 

prodi1ction of in.dustrial :h~mp for commercial purposes putsuant to K.S.A. 2019 Supp. 2-3906, and 

amendments thereto; 

(6) "Hemp processor'' means a person registei'ed ut1der K..S.A. 2019 Supp. 2-3907, and' 1;1mendments 

thereto, to process and manufacture.industrial hemp .and hemp products. 

(7) "Industrial hemp11 means all parts and varieties ofthe plant cannabis sativa L., whether grnwing or 

not, that contain a delta~9 tetrahydrocannabinol concentration ofhot more than 0.3% on a dry weight basis. 

(8) "Person11 means an individual, cOtl)c)ratiob, partnershtp, association, joint stock company, trust, 

unincorporated organization or any similar entity <;>r any combination ofthe foregoing acting in concert. 

(9} "Seed research,; means reseili'ch cond.iwted to c;levelop or recreate better strains ofindustrial hemp, 

particularly for the purpose of seed production. 

·(10) "State educational- institution'' means the university of Kansas, Kansas state university, Wichita 

state u11iversity, Empoi'ia state uniV¢rsity, •Pittsburg state university and Fort Hays .state university. 

(11) "Atithorized seed or clone plants" means a soun;;e of industrial hemp.seeds or clone plants that: 

(A) Has been certified by a cert1fying agency, as defined by l(.$.A. 2-14 i'5, and amertdroents thereto; 

(B) has been ptoduced from pfants that were tested during the .active .growing season and w~re fo1.md 

to produce industrial hemp having a tetrahydrocannabinol concentration that does. not exceed 0.~% on a 

dry weight basis 11nd has been certified in writing by the grower or distributor of sμch seeds or cione plants 

to possess such qualities; 01· · , 

(C) meets any other authorized standards approved by the Kansas department of agriculture through 

rules and regulations, except that n◊ seed or clone plants shall be considered .authorized seed or clone 

plants if they do not meet a.ny st~ndard adopted by the United States department of agriculture pur$uant to 

7 U.S.C. § 1621 et seq. 

History: L. 2018, ch. 62, § 1; L. 2019, ch. 37, § 7; Apr. 18. 

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2-3902. Same; ind1Jstrial hemp research and cultivatiQn; licensure; criminal history record 

checks; mies and reg11latio11s; fees; reports to tbe legislature. (a) 'The Kansas department of 

agriculture, alone or in coordination with a state educational institution, may cultivate industrial .hemp 

.. grown from authorized seed 01· clone plants a11d promote the i•ese.arch and development of industrial h.emp, 

in accordance with 7 U.S.C. § 5940, This research may include: · 

(1) Oversight and analysis of growth ofindustrial hemp to conduct agronomy research and analysis of 

required soils, growing conditions and harvest methods relating to the production of various varieties of 

industrial hemp that may be suitable for various commercial hemp products; 

(2) seed research on Y!!riou$ typ~s of industrial hemp that are best suited to be grown in Kansas, 

including seed availability, creation ofhybrid types, in-the-grnund variety trials and seed production; 

(3) analysis. on the economic feasibility of developing an indui;tdal hemp market in various types of 

industrial hemp tbat can be grown in Kansas; 

(4) analysis on the estimated value-added benefits, including environmental benefits, that Kansas 

businesses would reap by having an industrial hemp market ofKansas-grown ind1.1stdal hemp varieties; 

(5) a study 011 the agronomy research conducted y.,oddwide relating to industrial hemp varieties, 

production and utilization; 

(6) a study on the feasibility of attracting federal aQ.d pdvate funding for industrial hemp research; and 

(7) a pilot program in Russell county1 and other counties as determined by the department, for the 

_purpose of economic <;levelopment, ·research, cultivation, market analysis, manufaqturing and 

transportation of industrial hemp and industrial hemp products. · · · · 

(b) In ihe event th.at the department acts alone to cultivate industrial hemp grown ;from authorized seed 

or clone plants and to promote the research and development of industrial· hemp, the secretary of 

agriculh1re shall establish at'l advisory board within the depattrnent to review and recommend appli<;ations 

for pilot projects and research proposals to the secretary. The secretary shall not approve any such project 

or proposal wHbout the recommendation ofthe advisory board. 

(c) The depl'\rtment shall oversee and annually license all .h1dividuals pa1ticipating in the ()ultivation, 

growth, research, oversight, study, analysis, transportati,on, processing or distribution of authorized seed or 

clone plants or industrial hemp pursuant to this section. The depattrnent shall establish fees for licenses, 

license renewals and other necessary expenses to defray the cost of implementing and operating the 

provisions of this section in this state cin an ongoing basis. Any modification fee established by the 

depaiiment for any requested change to a license that was previously _issued by the department under this 

section shall not exceed $50. 

(d) (1) The department shall i'equire, as a qualification fot· initial 01· continuing 1icenst1re, all 

individuals seeking a license or license renewal under the research program established under t.his sectfon 

to be rmgerprinted and to ~ubmit to a state and national ·criminal history 1·ecord check.. The fingerprints 

shall be used.to identify the individual and to determine whether the individual has a record o£crlminal 

history in this state or any other jurisdiction. The depatimentis authorized to submit.the fingerprints to the 

Kansas bureau of investigation and the federal buteau of investigation for a state and national criminal 

·history .record check. The clepartment may use the information obtained from fingel'printing and the 

criminal.histOl'y recoi;d check for purposes of verifying the identLq.cation of the individual and for making 

an official determination of the qualifications for initial or continuing licensure pursuant to this section and 

rules and regulations promulgated hereunder. Disclosure or \\Se · of any infoi'mation teqeived py the 

department for any purpose other than the purposes provided for in this section shait be a class A 

misdemeanor and shail constitlite grounds for removal from office or termi11ati<m ofemployment. 

(2) An individual who has been convicted. of a felony vio1ation df article 57 ot chapter 21 of the 

Kansas Statutes Annotated, and amendments thereto, or a substantially similar offense in anothe1· 

jurisdiction, within the immediately preceding 10 years, shall be disqualified from initial or continuing 

Iicensure under this secdQtt. 

(3) The Kansas bureatJ of investigation may charge a reasonable fee for conducting a ct:iminal history 

record check. 

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(4) The individual seeking a license 01· license renewal uttder this section shall pay the costs of 

fingerprinting and the state and national criminal histoty record checks. 

(e) The secretary of agriculture shall promulgate rules .and regulations to carry out the prpvisjons of 

this section on or before December 31; 2019, except that no such promulgated rule or regulation shall 

concern the recording of license plates. Such rules and regulations shall include, but not be limited to, a 

requirement that license holders shall have a current Hcense in their possession at all times that they are 

engaged in the cultivation, growth, research, oversight,. study, analysis, transportation, processing or 

distribution of authorized seed or clone plants or industrial hemp pursuant to this section. 

(f) The department shall submit _a report to the legislature outlining the steps and timeline to 

implement a process that would allow individuals and business entities to grow and process industrial 

hemp in Kansas and to sell industrial hemp in other states. Such report sh&U be submitted to the senate 

standing committee on agriculture and nntural resources and the house stanJ:ling committee on agriculture 

on 01· before January i4, 2019. The department shall send such committees an annual supplemental repmt 

on the continued _progress of such process at the beginning of each regular legislative session for the 

following three ye~rs. 

(g) Nothing in this section shall be construed to authorize any individual to violate any state or·federal 

1~. . 

(h) The legislature shall review the provisions of this section prior to July· 1 ~ 2022. 

History: L. 2018, ch. 62, § 2; L. 2019, ch. 37, § 8; July 1. 

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2~3903. Same; commel'cial industrial hemp act Iicel}sing fee fund. (a) The alternative crop research 

~ act licensing fee fund created in the state treasury shall be renamed the commercial industrial hemp act 

licensing fee fund and continue to be administered by the sectetaty of agricultUl'e. All expenditures from 

the commercial industrial hemp act licensing fee fund shall be made in accordance with appropt'iation acts 

upon Wimants ofihe director of accounts and reports issued pursuant to vouchers signed by the secretary 

ofagl'icultm·e or the secretary's desigp_ee. 

(b) Licertsing and renewal fees shall be established pursuant to rules and l'egulatfons 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 KS.A, 75-4215, and, atrtendments thereto, and shall be credited to 

the commercial industrial hemp act licensing fee fund. 

History: L. 2018, ch. 62, §3; L. 2019, ch. 37, § 9; Apr. 18. 

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2-3904. Research program licenses; application deadline extension for 2019 growing season. The 

secretary of agriculture shall continue to accept any applications for licensure submitted under the 

pi·ovisions oO<.S.A. 2019 Supp; 2-3902, and amendments thereto, for the 2019 growing season from 

March 1, 2019; through Ju~e l, 2019. 

History: L. 2019, ch. 37, § 3; Apr.18. 

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2.-3905, Commercial industrial hemp act; legislative intent. (a) It is the intent of the legislature of 

the state of Kansas that the implementation of the commercial industrial. hemp act by the Kansas 

department of agi'iculture shall be congucted in the least restrictive manlier allowed under federal law. 

(b) This section shall be a pmi of and supplemental to the commetchd industrial hemp act, K.S.A. 

2019 Supp. 2-3901 et seq., and amendments thereto. 

History: L. 2019, ch. 37, § 1; Apr. 18. 

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2-3906. Commercial industrial hemp plan; requirements for hemp producers; violations by 

hemp producers; criminal history record checks; license modification fee limit. (a) The Kat;sas 

department of agrlculture, in consultation with the governor and atforney general, shall submit a plan to 

the United States department of agriculture under which the Kansas department of agricultlil'e will monitor 

and regulate the comme1·cial production of industrial hemp within the state in accordanqe with 7 U .S.C. § 

1621 et seq, and ally rules and regulations adopted thereunder; 

(b) Such plan ·shall include the following: 

{1) A procedure to 1naintain rel~vant information regarding land on which industrial hemp is 

produced, including a legal description ofthe land, for a period of not less than three calendar years; 

(Z) a procedure fo1· testing, using post-decarboxylation or .other similarly reliable methods, the delta-9 

tetrahydrocannabinol concentration levels of industi'ial hemp produced; 

(3) a procedure foi' the effective disposal of industrial hemp and hemp prnducts that are found to be in 

yiolation of this act; 

(4) any licensing tequirements or other rules and regulations deemed necessary by the Kansas 

department of agriculture for the proper mohitoting and regulation of industrial hemp cultivation and 

production for commercial purposes, including, but not limited to, fees for licenses, license renewals and 

other necessary expenses to defray the cost of implementing and operating the plan on an ongoing basis; 

(5) a procedure for the creatiort of documentation that any person Jn possession of unprocessed 

industrial hemp may use to prove to any law enforcement officer that such industdal 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 ptoduced in violation ofthis act; and 

(7) any other procedu•·es necess~1·y to meet the requirements set forth irt 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 cl'itninal .enforcement action, but shall comply with the 

rollowing coll'ective 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 rep01t to the Kansas department of 

agriculture on thv hemp producer's compliance with this section and rules and regulations adopted 

hereunder, for aperiod 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-yeat· period shall be ineligible to produce industrial hemp for a period of 

five years beginning on the date of the third violation. 

(3) The Kansas department ofagriculture shall immediately report any violation by a hemp producer 

with a ·greater culpable mental state than negligence to the attorney genei•al and such hemp producer shall 

not be subject to the exemption in subsection (c)(l). 

(d) Any individi1al otherwise eligible tb become a licensed hemp producer shali not be eligible to 

produce industd_al hemp if such individual has submitted any materially false info1matlcin in any 

application to become a licensed hemp producer. 

(e) (l) The department .shall require, as a qualification for initial or continuing licensure, all 

irtdividuals seeking a license or Hcens~ renewal as a hemp ·producer under this section to be fingerprinted 

and to submit to a state a1_1d national cl'iminal hJstory tecord check. The fingerprints shali be used to 

identify. the individual and to determine whether the.individual has a 1·ecord of criminal history in this state 

or any -other jiil'.isdiction. The department is authorized to submit the fingerprints·to the Kansas bureau of 

investigation and the federal bureau of investigation for a state and national criminal hist<:>ty record check. 

The department may use the information obtained froln fingerprinting and the criminal history record 

check for purpose:, of verifying the identification -of the individual and fol' making an official 

determination of the qualifications for initial or continuing lkensure as a ·hemp producer pursuant to this 

section and rules and regulations promulgated hereunder. Disclosure or use of any information received by 

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the depi}rtment for any purpose other than the purposes provided for in the commercial industrial hemp act 

shall be a class A misdemeano1· and shall constitute groimds for removal from office or termination of 

employment. 

(2) Ari individual who has been convicted of a felony violat.iort of a1ticle 57 of chapte1: 21 of the 

Kans.as Statutes Annotatecl, and amendments thereto, or a---substantially similar offense in another 

jurisdiction, within the immediately preceding 10 years, shall be disqualified from initial 01· continuing 

licensure as a hemp producer under this section. 

(3) The Kansas bureau of investigation may charge a reasonable fee for conducting acrimitrnl histol'y 

record check. 

(4) The individual seeking a license or license renewal as a hemp producer under this section shall pay 

the costs offingerprinting and the state and national criminal history record checks. 

(f) 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 prnvisiohs 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 

depattmentof agriculture that allows for the cultivation and production of industrial hemp for commercial 

ptirposes within the state or upon the adoption of rnles and regulations by the Kapsas secretary of 

agriculture that establish the cultivation and production of industdai 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. 2019 Supp. 2~3902, and amendments thereto. 

(h) Any modification fee established by the depa1tment for any requested change to a licei1se that was 

previously issued by the depat1tnent under this section shall not exceed $50. 

(i) Any licensing or other fees collected pursuant to this section and any rules and regulations adopted 

hereunde1· shall be deposited in the commercial industrial hemp act licensing fee fund established by 

K.S.A. 2019 Supp. 2.-3903, and amendments thereto, for all costs ofthe administration of the commercial 

pro(iuction of industrial hemp. 

G) This $ection shall be a part of and supplemental to the commercial industrial hemp act, K.S.A. 

2019 Supp. 2-3901 et seq., and amendments thereto. 

History: L. 2019, ch. 37, § 2; Apr. 18. 

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2-3907. Requirements for hemp processors; registration; penalties; criminal history l'ecord 

checks. (a) The Kansas department of agriculture shall create and maintain a registry of all hemp 

processors operating within the state ofKansas. 

(b) Any per;ion engaging in the pl'ocessing of industrial hemp shall register annually with the secretary 

of agriculture prior to processing in.dustrial hemp, except as provided in subsection (f). 

(c) Registr1;1tion shall expire annually on April 30. A registration fee, not to exceed $200, shall be 

established pursuant to rules and regulations adopted by the secretary. 

(d) Any person reqi.lireq to register as a hemp processor pursuant to this section shall submit an annual 

registration application on a form provided by the secretary that shall include, at a minimum: 

(1) The full legal name, date ofbirth, 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 .industl'ial hemp 

processing operations; 

(3) a briefdescription of the industrial hemp processing methods, activities and products planned for 

production; and · 

(4) certification that such applicant has fuliy complied with the fingerprinting and criminal history 

recot;d check i'equirefnertts contained in this section, if applicable. Any such applicant who provides a false 

statement ofcompliance with such requirements shall be guilty of a class C nonperson misdemeanor. 

(e) The Kansas depa1tment ofagriculture shall provide an updated list of all hemp processors to the 

Kansas bureau of investigation and fo the county shedff in each county where. a hemp processor is located 

as often as is reasonably required or requ~sted. · 

(f) No hemp processor who is Iice.nsed under KS.A. 2019 Supp. 2-3902, and amendments thereto; 

shall be required to 1·egister purs1Jant to t4is section, but the secretary shal,l ihclu9e such hemp processol's 

in the list of registered hemp processors maintained by the I(ansas department of agriculture p\n·suant to 

this section. ·· 

(g) Fees collected pursuant to this Section shall be remitted to the state treasurer in accordance with 

the provisions ofKS.A. 75-4215. and atnendments thereto. Upon receipt of each such remittance, the state 

treasure!' shall deposit the entire amount tn the state treasury to the credit of the commercial industrial 

hemp act licensing fee fund. 

(h) Except as provided in subsection (t), It shall be unlawful fot• any person to oper;;lte as a hemp 

processor without valid registration. 

(D (1) Upon a nrst conviction for a violation of subsection (h), a person shall be guilty of a class A 

nonperson misdemeanor. 

(2) On a second or subsequent conviction for a violation ofsubsection (h), a person shall be guilty ofa 

severity level 9, nonperson felony. · 

G) (1) A registered hemp processor, or an applicant to become a registered hemp processor, shall 

request the Kansas bureau of investigation to conduct a state and national criminal history record check on 

any individuiil employed 01· seeking employment under such registered hemp processor or applicant who 

would be engaged in extraction of cannabin,oids, including through the disposal of cannabinoids from 

industrial hemp. pursuant to KS.A.2019 Supp. 2-3909, and amendments thereto. The teqμest fol' a state 

and national criminal history record check shall include the following: 

(A) The individual's fingerprints; and 

{B) a copy ofa completed and signed statement furnished by the hemp processor that includes: 

(i) A waiver permitting the hemp processor to request and receive a criminal history record check for 

the purpose of determining the individual's qualification and fitness to process industrial hemp; 

(ii) the name, address and date of bitth of the individmJ1 as it appears on a valid identification 

document; 

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(iii) a disclosure of whether o:r not the individual has ever been convicted of or is the subject of 

pending charges for a criminal offense and, if convicted, a descf•iption of the crime and the result of the 

conviction; and · 

(iv) a notice to the individual that they are entitled to obtain a copy of the crimir1al history record 

check to challenge the accuracy and completeness of any information contained in any such report before 

any final determination is made by the hemp processol'. 

(2) A registered hemp processor, 01· an applicant to become a registered hemp processm, shall require 

such individual to be :fingerprinted and to submit the fingerprints to the Kansas bureau of investigation and 

the federal bureau of investigation for a state and national criminal history record check. Such hemp 

processor or applicant shall \lSe the fingerprints to identify the individual and to determine whether the 

individual has a record of criminal history in this state or other jurisdictions or countries. The hemp 

processor may use the infol'mation obtained from the fingerprints and such state and national criminal 

history record checks in the official determination of the qualifications and fitness of the individual to 

process industrial hemp. Disclosure or use of !!.ny informatjon,receiyi;;d by the ·hemp processor for ~ny 

purpose other than the purposes provided for in the commercial industrial hemp act shall be a class A 

nonperson misdemea.nor. 

(3) Local and state law enforcement officers and agencies shall assist the hemp processor in taking 

and processing sμch individμal's finge!'prints as authorized by this section. ; (4) The Kansas bureau of investigation shall release all records of the individual's adult conyictions 

and adult convictions from ~mother state, jurisdiction .or country, to the hemp processor to make a final l. 

determination of the qualification of such individual to process industrial hemp. 

(5) 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 16,yeats, shall be disqualified from :process,ing industrial. 

hemp under this section. · 

(6) A hemp pr.ocessol' shall be solely responsible for making any .determination that an individQa.l's 

criminal history i'ecord shows that such individual has been convicted of a crhne that bears :upon the 

fitness of such individual to e:xtract pannabinoids fl'.om industrial hemp. This section, does not require the 

Kansas bureau ofinvestigation to make such a petermination on behalfofany hemp processor. 

(7) The Kansas bureau of investigation may charge a reasonable fee for conducting a criminal histm·y 

record check. 

(8) A registered hemp processor, or an applicant t9 become a registered hemp processor, shall pay the 

costs of fingerprinting arid the state and national criminal history record checks f9r iudividt1als ~eel~ing 

employment undei' such hemp pt'ocessor or applicant. 

(k) The secretary shall promulgate rules and regulations to cany out the provisions ofthis section. 

(l) This section shall be a part of and supplemental to the commerci~l industrial hemp act, K.S.A. 

2019 Supp. 2-3901 et seq., and amendments thereto. 

History: L. 2019, ch. 37, § 4; Apr. 18. 

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2-3908. U11.lawful hemp products; penalties; exceptions. (a) (1) It shall be unlawful for ~ny of the 

following hemp products to be manufactured; marketed, sold or distributed by any person in the state of 

Kansas: 

(A) Cigarettes containing in,.du$.trial hemp; 

(13) cig;irs containing inclustrial 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 othei- betnp product intended for human or animal consumption containing any ip.gredient 

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 othe1wise 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) '

1

lntended for human or animal consumption" means: 

(i) Designed by the manufacturer for human or animal consumption; 

(ii) marketed for human or animal consumptfon; or 

(iii) distributed with the intent that it be iJsed for human or ,rnimal consumption. 

(b) It shall beun)?t.wful for any of the following hemp products to be marketed, sold or distributed to 

ahy person in Kansas who is not registered as a hemp processor pursuant to K.S.A. 2019 Supp. 2-3907, 

and amendinents thereto, or who does not possess a license by the Kansas department of agricrdture under 

any commercial plan established pursuant to K.S.A. 2019 Supp. 2-3906, and amendments thereto, or the 

research program established pursuant to KS.A. 2019 Supp. 2-39021 and amendments thereto: 

(1) Industrial hemp buds; 

(2) ground industrial hemp floral material; 01· 

(3) ground industrial hemp leafmateriaL 

(c) (1) Upon a first conviction for a violation of this section, a person shall be guilty of a class A 

nonperson misd.emean01'. 

(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 sectiqn shall prohibit: 

(1) The use of any hemp prnduct for research purposes by a state educational institution or affiliated 

entity; or 

(2) the production, use or sale of any hemp prnduct that is othe1wise not prohibited l>y state or federal 

law. 

(e) This sectfon shalt be a part of and supplemental to the commercial industrial hemp act, K.S.A. 

2019 Supp.2-3901 et seq., and amencfments thereto. 

History: L. 2019, ch. 37, § 5; Apr, 18. 

http://www.ksrevisor.org/statutes/chapters/ch02/002 _ 03 9_0008 .html 1/7/2020 
Page 1 of 1 

2-3909. Disposal of waste by-products. (a) (1) All solid waste, as qefined in J(.S.A,. 65-3402, and 

amendments thereto; and all hazarc!ous waste, as defined h1 IC..S.A. 65-3430, and amendmen.ts thereto, 

l'esulting 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). 

(2) (A) ff any such waste can be used in the same manner as, qr 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 befot'.e 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 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 m 

K.S.A. 65-4101, and amendments thereto. 

(b) Any violation of this section shall be consld.ered 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. 

2019 Supp. 2-3901 et seq., and amendments thereto. 

History: L. 2019, ch. 37, § 6; Apr; 18. 

http://www.ksrevis61·.org/statutes/chapters/ch02/002_03 9_0009.html 1/7/2020 
.

K.A.R. 4-:34-22. License required to cultivate or produce industrial hemp for commercial 

.purposes. (a) K.A.R. 4-34-22 through 4-34-30 shall apply only to the commercial production of i 

, , 

industrial hemp pursuant to K.S.A. 2-3901 et seq ., and amendments thereto, and, unless 

otherwise stated, shall not apply to research conducted as part ofthe pilot program pursuant to 

K.S.A. 2-'3902, and amendments thereto, and regulated by K.A.R. 4-34-2 through 4-34-21. 

(b) No individual may cultivate or produce industrial hemp for commercial purposes 

without a license issued by the.secretary. A license shall not be required for employ~es, agents,, 

contractors, or volunteers of a licensee.. 

(c) Only individuals shall be eligible to apply for licenses to cultivate or produce 

industrial hemp. 

(d) Each individual who applies for a license to cultivate or produce industrial hemp 

shall be requireq. to submit to a fingerprint-based state and national cd,minal history.record check 

to verify that the individual has not been convicted of a felony violation ofK.S..A. 2019 Supp. 

21-5701 et seq., and amendments thereto, or a substantially similar offense iri another 

jurisdiction1 within the 10 yearsinu:nediately precedlng submis.sion of that ind1vidual1s 

application. 

(e)(l) Each individual submitting a license application shall submit the application ona 

form provided by the secretary, which shall include the following: 

(A) The individual's full legal .p.ame and date ofbirth; 

(B) the individual's current maiiing address, telephone number, and electronic~mail 

address; 

APPROVED APPROVED APPROVED 

AUG O5 2020 SEP 212020 JUL 81 2020 

DIVISION OF THE BUDGET DEPT. OF ADMINISTRATION ATTORNEY GENERAL 
K.A.R. 4-34-22 

Page 2 of 5 

(C) the legal description and global positioning system coordin~tes of the entrance to the 

proposed licensed growing area and the entrance to each lot that will be used to cultivate or 

produce industrial hemp and a map ofthe proposed licensed growing area and each lot; 

(D) the ·total number of acres or square feet that will be used to cultivate or produce 

industrial hemp; 

(E) the number of acres or square feet that will be used to cultivate or produce industrial 

hemp in each lot;, 

(F) the variety of industrial hemp to be cultivated or produced in each lot; 

(G) a completed fingerprint card for submission to the Kansas bureau of investigation; 

and 

(H) any other relevant info1mation requested by the Secretary. 

(2) Each individual submitting a license application shall include with the application a 

$100 application fee and the fee established by the Kansas bureau ofinvestigatiort for performing 

a state and nation.al criminal history record check. A single criminal history record check 

conducted in accordance with the act may be used to satisfy the act's criminal history record 

check requirement for multipleJicenses in a single license year. 

(f) All license applications shall l:)e submitted no later than March 15 of each year in 

which an applicant intends io gmw indus.trial hemp. Any individual who submits a .license 

application after March 15, 2020 may be granted a license if good cause is shown and the 

secretary determines that granting the license is necessary to ~ssist with the transition from the 

pilot program to the commercial industrial hemp program during 2020. 

APPROVED APPROVED 

APPROVED 

JUL 31 2020 AUG O 6 2020 SEP 2 1 2020 

DIVISION OF THE BUDGET D~PT. Of ADMINISTRATION ATTORNEY GENERAL 
KA.R. 4-34-22 

Page 3 of 5 

(g) Each license shall a,llow the cultivation and production of industdal hemp within one 

licensed growing area. 

(h) Upon approval of a license application by the secretary, the applicant shall submit a 

license fee of $1,200 to the secretary within 15 days ofnotice of the approval. 

(i) All licenses shall expire annually on December 31. 

G) In addition to providing the department with the information required by this 

regulation, each individual who is issued a license shall report the followihg directly to the 

United States department ofagriculture farm service agency for each license: 

(l) The stre~t address and, to the extent practicable, the global positioning system 

coordinates for each growing area and for each lot or greenhouse where industrial hemp will be 

produced; 

(2) the number of acres that will be used to cultivate or produce industrial hemp; 

(3}the assigned license number; and 

(4) any other information required by the United States department of agriculture. 

(k) A.pceptance of alicense shall constitute a gn!.ht ofauthority by each licensee allowing 

the secretary to supply info1mation to the United States department of agriculture and post 

information on the department's web site, includingthe industrial hemp producer license 

number, the fuU legal. name bfthe licens¢e, the licet1see's contact infotmation, desqript1ons of all 

locations identified for cultivating or producing industrial hemp, and any information related to 

modifications tq ensure that the information remains accurate. 

0) Each licensee shall be held responsible for any plant cultivated or produced. in 

violation of the act and for the actions of all employees, agents, .contractors,. and volunteers 

APPROVED .APPROVED APPROVED 

JUL 81 2020 AUG O 5 2020 SEP 2 12020 

IJIVISION OF THE BUDGET 

DEPT. OF ADMINISTRATION ATTORNEY GENERAL 
K..A:R. 4-34-22 

Page4of5 

engaged in the cultivation or production of industrial hemp under the supervision or direction of, 

or otherwise in conjunction with, the licensee. Each licensee shall be subject to the same 

disciplinary actions for a violation of the act committed by any .employee, agent, contractor, or 

volunteer of that licensee as ifthe licensee had committed the violation. 

(m) Each licensee requesting a license modification after issuance of a license shall 

submit the modification request to the secretary on a fonn provided by the secretary. Ea.ch 

modification.request fonn shall bl;l accompanied by a $50 fee. Uponthe secretary's review and 

approval of the modification request, a modified license shall be issued and may include any 

additional terms and conditions that the secreta1y deems necesaary to implement the requested 

modification and to proteqt the public health, safety, and welfare. If the secretary denies the 

modification request, the licensee shall remain subject to the tenns of the ol'iginal license. 

(n) Each license shall be nontransferable, unless the secretary detennines that a transfer is 

11ecessa1y because the ·ucensee dies or becomes disabled or because an individual who is an 

employee·or agent of a bank, financial institution, or other creditor that has alegal right to take 

possession of iμdustrial hemp for the purposes of settling a debt is required to obtain alicense to 

do so. A license that is transferable may be transferred to the individu~l requ~ting the transfer 

upon that individual's submission.of a modiftc~tion request, a $50 modification fee, the fee 

established by the Kansas bure~m of investigation for p¢1:fonning a state and national cri1ninal 

history record check, and satisfactory completion ofa fingerprifit-based state and national 

criminal history record check. A modification request shall be submitted within 60 days ofthe 

licensee's death or within 60 days ofthe date that the right of the bank, financial institution, or 

other creditor to talce possession of the industrial hemp arises. If a i:nodificatiop. request is not 

APPROVED APPROVED APPROVED 

SEP 2 12020 AUG 17 2020 AUG 17 2020 

\) IVISION OF THE BUPGET DEPT. OF ADMINISTRATION ATTORNEY GENERAL 
K.A.R, 4-34-22 

Page 5 of 5 

submitted within the time frame required by this regulation, all industrial hetnp being cultivated 

or produced pursuant to the license shall be subject to an order to be destroyed. The individual 

applying for the transfer shall. assume the fuil liability for all ofthe previous licensee's actions 

related to the cultivation_or production ofhemp. 

(o) Each individual who materially falsifies any information in a license application or 

modification tequest shall be foelig_ible to receive a license to cultivate or produce industrial 

h¢mp pursuant to the act. (Authorized by K.S.A. 2019 Supp. K..S.A. 2-3906; implementing 

K.S.A. 2019 Supp. 2-3903 and 2-3906; effective P-_____.) 

APPROVG:0 APPROVED 

APPROVED 

AUG 1 7 2020 AUG 1 7 2~20 SEP 2 1 2020 

IJIVISION OF THE BUDGET DEPT.OF ADMINISTRATION ATTORNEY GENERAL 
K.A.R. 4-34-23. Planting and pre-harvest requirements. (a) All industrial hemp cultivated or 

produced shall have originated from authorized seed or clone plants. 

(b) Each licensee shall maintain written certification fol' all authorized seed or clone 

plants cultivated or produced, which shall consist of either ofthe following: 

(1) A certificate of analysis, or a similar document, stating that the source of the 

authorized seed or clone plants was cultivated or produced with a delta-9 tetrahydrocannabinol 

concentration less than 0.3 percent on a dry-weight basis during the most recent growing season; 

01' 

(2) documentation that the authorized seed or clone plants are ce1tified pursuant to 

K.S.A. 2-1415 et seq., and amendments thereto. 

(c) All industrial hemp seed shall be considered agricultural seed. Before selling 

agricultural seed in Kansas, each individual shall obtain a license pursuant to K.S.A 2-1415 et 

seq., and amendments thereto. 

(d) Each licensee shall sub1nit a planting rep01t to the department within 15 days after 

each planting, inclucling replanting seeds or propagules or establishing plants. Each planting 

.report shall identify the following: 

(1) The official name of the industrial hemp variety that was cultivated or produced in 

each lot; 

(2) the global positioning system coordinates for the licensed growing area and each lot 

where industrial hemp plants, plant parts, gtain, or seeds are being cultivated or produced; 

(3) the total number of acres planted in the licensed growing area; 

(4) the number of acres planted in each lot; and 

APPROVED APPROVED APPROVED

MAY O~7 2020 SEP 2 12020 MAY 08 2020 

DIVISION OF THE BUDGET DEPT. OF ADMINISTRATION ATTORNEY GENERAL 
K,.A.R. 4-34-23 

Page2 of3 

(5) a statement of the intended end-use for all industrial hemp plants, plant pa11s, grain, 

or seeds being cultivated or produced. 

(e) Before harvesting industrial hemp, each licensee shall provide the secretary at least 

30 days' notice ofthe intended ha,rvest d,ate ol). a form provided by the secretaty and, ifthe 

harvest does not begin on that date, shall provide an updated notice ofthe anticjpated harvest 

date before harvesting any industrialhemp. Failure to ptovide notice of the harvest may result in 

the revocation of an existing hemp producer license and the denial of future hemp producer 

·ucenses. Each pre-harvest i'epo1t shall identify the following: 

(1) The global positioning system coordinates of the entrance to the licensed growing 

area and each lot where industrial hemp plants are intended for harvest; 

(2) the total number of acres planted in the licensed growing area subject to harvest; 

(3) the number of acres planted in each lot subject to harvest; 

(4) the planting date for each lot; 

(5) the total number of acres intended for harvest in the licensed growing a:rea, if different 

from the number of acres intended for harvest in the lot; 

(6) the number of acres intended for harvest in each lot; 

(7) the intended harvest date for each lot; 

(8) the official name of the ind1,1Strial hemp variety that is intended for harvest from each 

lot; and 

(9) a statement of the intended end-use for all industrial hemp plants, plant paiis, grain, 01· 

seeds that will be harvested from each lot. 

APPROVED APPROVED APPROVED 

MAY O 7 2020 MAY O 8 2020 SEP 212020 

DIVISION OFTHE BUDGET_DEPT. OF ADMINISTRATION ATTORNEY GENERAL 
K.A.R. 4-34-23 

Page 3 of3 

(f) Iftwo or more hatvests will be conducted within a licensed growing area or lot within 

a license year, the licensee shall notify the department of each intended harvest date at least 30 

days before the i.ntended harvest date, The primary licensee shall pay the subsequent sampling 

fees and testing fees for each harvest conducted after the initial harvest of a lot. 

(g) Each licensee shall maintain records regarding the source of all industrial hemp 

cultivated or prodttced and records regarding the disposition of all industrial hemp cultivated qr 

produced for three years ~nd shall present those records to the secreta1y upon request. 

(Authorized by and implementing K.S.A. 2019 Supp. 2-3906; effective P-______.) 

APPROVED APPROVED APPROVED 

MAY O7 2020 MAY OS 2020 SEP 2 1 2020 

DIVlSION OF THE BVDGET DEPT. OF ADMINISTRATION ATTORNEY GENERAL 
K.A.R. 4-34-24. Sampling, testing, and harvest requirements. (a) No more than 30 

days before any industrial hemp cultivated or produced pursuant to the act is harvested, each 

licensee shall allow a sample to be collected by the secretary for testing, using postdecarboxylation or any other similarly reliable method, to determine the delta-9 

tetrahydrocannabinol concentration of industrial hemp cultivated or produced. A licensee shall 

not harvest any industrial hemp before receiving notice that testing of the samples has shown a 

delta-9 tetrahydrocannabinol concentration ofless than 0.3 percent on a dry-weight basis and that 

the licensee may harvest the industrial hemp. 

(b) Each licensee shall complete each harvest of industrial hemp plants, plant parts, grain, 

or seeds within 30 days of sampling. 

(c) If a licensee fails to harvest all of the industrial hemp plants, plant parts, grain, or 

seeds within the time frame specified in subsection (b ), the licensee shall perform one of the 

following: 

(1) Notify the department that harvest has not occurred within seven days after the 

expiration of the time frame specified in subsection (b ), request that the department collect a 

subsequent pre-harvest sample, and pay the required sampling and testing fees; or 

(2) notify the department that harvest has not occurred within seven days after the 

expiration of the time frame specified in subsection (b) and inform the department of the date by 

which the licensee intends to effectively dispose of the industrial hemp plants, plant parts, grain, 

or seeds. The licensee shall conduct effective disposal no more than seven days after the licensee 

informs the department that harvest has not occurred and shall notify the department of any 

change in the effective disposal date. Effective disposal of industrial hemp plants, plant parts, 
K.A.R. 4-34-24 

Page 2 of 5 

grain, or seeds shall occur by the licensee and at the licensee's expense. All volunteer plants 

within and adjacent to the licensed growing area shall be effectively disposed of during the 

current license year and for at least three years after the last reported date of planting. If effective 

disposal of industrial hemp plants, plant parts, grain, or seeds occurs, no refund shall be issued 

for any fees paid by a licensee, the cost of effective disposal, or the value ofthe crop. 

(d) Each licensee shall submit a harvest report to the department no more than 15 days 

after each harvest of industrial hemp plants, plant parts, grain, or seeds is completed for each lot. 

Each harvest report shall identify the following: 

(1) The global positioning system coordinates ofthe entrance to the licensed growing 

area and each lot where industrial hemp plants were harvested; 

(2) the total number of acres planted in the licensed growing area; 

(3) the number of acres planted in each lot; 

(4) the planting date for each lot; 

(5) the total number of acres harvested from the licensed growing area; 

(6) the number of acres harvested from each lot; 

(7) the harvest date for each lot; 

(8) the official name ofthe industrial hemp variety harvested from each lot; and 

(9) a statement of intended end-use for all industrial hemp plants, plant parts, grain, or 

seeds harvested from each lot. 

(e) Industrial hemp shall be subject to post-harvest sampling and testing by the secretary. 

Each licensee shall agree to provide the secretary access to any harvested industrial hemp or to 

provide the secretary with a copy ofthe bill of lading and, if available, a certificate of analysis or 
K.A.R. 4-34-24 

Page 3 of 5 

similar document provided for any industrial hemp already sold or transferred to another person. 

All samples collected by the secretary shall be subject to testing, using post-decarboxylation or 

any other similarly reliable method, of delta-9 tetrahydrocannabinol concentration of industrial 

hemp produced. A licensee whose industrial hemp is sampled after it is harvested shall not sell, 

transfer, or transport any industrial hemp harvested from the licensed growing area where 

samples were collected until that licensee has received notice from the department that testing of 

the samples has shown a delta-9 tetrahydrocannabinol content of less than 0.3 percent on a dryweight basis. 

(f) Each licensee shall be assessed a $225 fee for the required pre-harvest sample 

collected and tested by the secretary. 

(g) At any time other than at the time ofthe required pre-harvest sample collected and 

tested by the secretary, a licensee may request that the secretary collect a sample and test the 

delta-9 tetrahydrocannabinol concentration, subject to a testing fee of $225 for each test and 

additional costs assessed for the secretary's travel time and mileage. 

(h) All samples collected by the secretary shall become the property of the secretary, and 

no compensation shall be owed to any licensee. 

(i) Any licensee may request a test from a private laboratory at any time. However, test 

results from private laboratories shall not be considered official and shall not be substituted for a 

sample collected and tested by the secretary, and each licensee shall be responsible for the costs 

of testing by a private laboratory. 

G) Each sample collected and tested by the secretary and found to contain a delta-9 

tetrahydrocannabinol concentration greater than 0.3 percent on a dry-weight basis shall result in 
K.A.R. 4-34-24 

Page 4 of 5 

the hemp being classified as cultivated or produced in violation of the act and shall result in the 

issuance of a failing report of analysis. Hemp that receives a failing report of analysis may be 

eligible to be remediated pursuant to K.A.R. 4-34-25. 

(k) Within seven days of notice of the failing report of analysis, any licensee may 

request, on a form provided by the secretary, an additional test by the secretary. The request shall 

include payment of a retesting fee of $225 and any additional costs assessed for the secretary's 

travel time and mileage. If a licensee requests an additional test and the sample collected and 

tested pursuant to this subsection is found to contain a delta-9 tetrahydrocannabinol 

concentration greater than 0.3 percent on a dry-weight basis, then all plants in the licensed 

growing area shall be effectively disposed of as required by K.A.R. 4-34-25 or, if eligible, 

remediated pursuant to K.A.R. 4-34-25. 

(1) For each licensee who is issued an order to effectively dispose of plants, one of the 

following requirements shall apply: 

(1) The licensee shall be subject to a corrective action plan as specified in K.A.R. 4-34-29 

and reported to the appropriate state or local law enforcement agency if the violation is deemed 

negligent. 

(2) The licensee shall be reported to the United States department of agriculture, the 

office of the Kansas attorney general, the office of the United States attorney for the district of 

Kansas, and the appropriate state or local law enforcement agency if the violation is the result of 

a culpable mental state greater than negligence. If any plants are tested by the secretary and 

found to contain a delta-9 tetrahydrocannabinol concentration of greater than 2.0 percent, the 
-----------

K.A.R. 4-34-24 

Page 5 of 5 

licensee responsible for those plants shall be presumed to have acted with a culpable mental state 

greater than negligence. 

(m) Except as provided in K.A.R. 4-34-28, each licensee or an authorized representative 

of each licensee shall be present whenever the secretary collects a sample of industrial hemp 

cultivated or produced pursuant to the act and whenever a compliance inspection is conducted 

pursuant to this regulation. (Authorized by K.S.A. 2020 Supp. 2-3906; implementing K.S.A. 

2020 Supp. 2-3903, as amended by L. 2021, ch. 76, sec. 4, and 2-3906; effective Jan. 8, 2021; 

amended, T- .) 
K.A.R. 4-34-25. Remediation; effective disposal; violations. (a) All hemp that is 

deemed to be in violation ofthe act for any reason or that contains a delta-9 tetrahydrocannabinol 

concentration greater than 0.3 percent on a dry-weight basis shall, by order of the secretary, be 

subject to effective disposal or remediation. 

(b) Remediation shall not be allowed for any hemp for which the secretary has not 

approved a remediation plan. Hemp for which remediation is not allowed shall be effectively 

disposed of as specified in this regulation. 

(c) Remediation shall include any method approved by the United States department of 

agriculture and may include either of the following: 

(1) Separating and removing all flowers and floral materials from the stalks, leaves, and 

seeds of all plants or plant parts, which may include removal by hand or mechanical removal; or 

(2) shredding the entirety of all plants or plant parts into hemp biomass, which may be 

accomplished with shredders, composters, specialty mechanical equipment, or similar means. 

(d) Seeds removed from hemp plants or contained in hemp biomass as a result of 

remediation shall not be used for propagation purposes. 

(e) Each remediation plan or request to submit a remediation plan shall be submitted to 

the secretary before the expiration ofthe 10-day period following the licensee's receipt of notice 

that effective disposal is required as specified in subsection ( q). 

(f) Each remediation plan submitted to the secretary pursuant to this regulation shall 

include the following, at a minimum: 

(1) The date that remediation will begin; 

(2) the approximate date that remediation will be completed; 
K.A.R. 4-34-25 

Page 2 of 5 

(3) the total number of acres that will be remediated; 

(4) the intended end-use of all plants or plant parts to be remediated; 

(5) the location where each plant or plant part will be stored before and after remediation 

and the location where remediated material will be stored following remediation; 

(6) the method or methods of remediation intended to be used; and 

(7) any other information that is relevant to the circumstances surrounding the cultivation 

or production of the hemp proposed to be remediated or the intended remediation plan and that 

the secretary requests. 

(g) Any remediation plan that does not contain all required information may be denied or 

returned to the licensee. Any remediation plan may be denied at the discretion ofthe secretary, 

based on the circumstances surrounding the cultivation or production ofthe hemp proposed to be 

remediated. 

(h) Hemp for which a failing report of analysis is issued may be remediated by the 

licensee upon the secretary's approval ofthe remediation plan submitted by the licensee, ifthe 

most recent sampling and testing conducted showed the hemp to have a delta-9 

tetrahydrocannabinol concentration of 1.0 percent or less on a dry-weight basis. 

(i) Any licensee may request permission from the secretary to submit a remediation plan 

for any hemp for which a failing report of analysis is issued ifthe most recent sampling and 

testing conducted showed the hemp to have a delta-9 tetrahydrocannabinol concentration greater 

than 1.0 percent but not greater than 2.0 percent on a dry-weight basis. Ifthe secretary agrees to 

review a remediation plan based upon the circumstances surrounding the production or 
K.A.R. 4-34-25 

Page 3 of 5 

cultivation of the hemp, then the industrial hemp may be remediated upon approval of the plan 

submitted by the licensee. 

G) Each licensee who conducts remediation of any hemp shall allow representatives of 

the secretary to be present during the remediation. Proof of remediation may be required to be 

provided to the secretary. 

(k) All plant material that is undergoing remediation shall be clearly labeled to indicate 

that the plant material is remediated hemp biomass and to verify the source of all of the hemp 

that comprises the remediated material. Remediated hemp biomass shall require a bill of lading 

pursuant to K.A.R. 4-34-26, which shall identify the material as remediated hemp biomass and 

identify the source of all material used in the remediation. 

(1) All plant material resulting from remediation shall be subject to postremediation 

sampling and testing and shall be required to be effectively disposed of as specified in this 

regulation and prohibited from entering commerce if the final postremediation testing performed 

shows the plant material to have a delta-9 tetrahydrocannabinol concentration of greater than 0.3 

percent on a dry-weight basis. 

(m) Remediation may be conducted as many times as is necessary to achieve a delta-9 

tetrahydrocannabinol concentration of 0.3 percent or less on a dry-weight basis. However, all 

hemp biomass that is not successfully remediated so as to have a delta-9 tetrahydrocannabinol 

concentration of 0.3 percent or less on a dry-weight basis within 60 days of the issuance of the 

final failing report of analysis for any hemp that comprises the remediated hemp biomass shall 

be effectively disposed of as specified in this regulation. 
K.A.R. 4-34-25 

Page 4 of 5 

(n) Hemp for which a failing report of analysis is issued and for which the most recent 

testing conducted shows a delta-9 tetrahydrocannabinol concentration greater than 2.0 percent on 

a dry-weight basis shall not be eligible for remediation and shall be required to be effectively 

disposed of as provided in this regulation. 

(o) Acceptable methods of effective disposal shall include plowing under, mulching or 

composting, disking, mowing or chopping, deep burial, burning, or any other method allowed 

under federal law and approved by the secretary. 

(p) Ifrequired pursuant to federal law, all hemp that requires effective disposal shall be 

destroyed or disposed of as required by the controlled substances act, 21 U.S.C. 801 et seq., and 

in compliance with requirements ofthe United States drug enforcement agency. 

(q) If allowed pursuant to federal law, each licensee shall conduct effective disposal at 

the licensee's expense within 10 days ofreceiving notice that effective disposal is required. Each 

licensee shall effectively dispose of all volunteer plants within and adjacent to the licensed 

growing area during the current license year and for at least three years after the last reported 

date of planting. Each licensee shall allow representatives of the secretary to be present during 

the effective disposal of plants or plant parts, or proof of the effective disposal may be required 

by the secretary. Each licensee who conducts effective disposal shall, within 14 days of 

conducting the effective disposal, report the number of acres effectively disposed ofto the 

department. A licensee who conducts effective disposal shall not be eligible for a refund of any 

fees paid, the cost of effective disposal, or the value ofthe crop. 

(r) Each licensee whose plants are effectively disposed of shall be responsible for 

reimbursing any law enforcement agency whose officers or agents are required to participate in 
K.A.R. 4-34-25 

Page 5 of 5 

or be present during the effective disposal for all of the law enforcement agency's costs 

associated with the effective disposal. 

(s) Failure of a licensee to conduct effective disposal as required by the secretary within 

10 days ofreceiving notice that effective disposal is required shall result in the secretary's 

conducting effective disposal at the expense of the licensee, unless an extension is granted by the 

secretary. 

(t) A licensee's failure to conduct effective disposal as required by the secretary, failure 

to reimburse the secretary for any costs incurred as a result of the secretary's conducting 

effective disposal, or failure to reimburse any law enforcement agency for any costs associated 

with effective disposal shall be grounds for denial of any future hemp producer license 

application. 

(u) Each licensee who violates the act with a culpable mental state of negligence shall be 

subject to a corrective action plan as specified in K.A.R. 4-34-29 and reported to the appropriate 

state or local law enforcement agency. Each licensee who violates the act with a culpable mental 

state greater than negligence shall be reported to the United States attorney's office and the 

Kansas attorney general's office, in addition to the appropriate state or local law enforcement 

agency. (Authorized by and implementing K.S.A. 2020 Supp. 2-3906; effective Jan. 8, 2021; 

amended, T-____________.) 
K.A.R. 4-34-26. Transportation of industrial hemp. (a) Each licensee who sells, trades, 

barters,_gives away, or othe:rwise transfers any unprocessed industrial hemp to any qthe:r person 

shall ensure that the unprocessed industrial hemp is accompanied by a signed bill, oflading that 

includes the licensee's lic('}nse number, the total quantity of industrial hemp transferred, the date 

the transfer occurred, and the name of the person acquiring the h1,dustrial hemp. A certificate of 

analysis or other similar document shall be attached to the bill of lading. 

(b) Each person who sells, trades, barters, gives away, .or otherwise transfers 

unprocessed industrial hemp subsequent to an initia1 transfer involving unprocessed industrial 

hemp as specified in subsection (a) shall record the transfer and shall amend the bill of lading or 

attach the info1mation regarding the subsequent transfer to the original bill of lading and shall 

include the name of the person acquiring possession ofthe industrial hemp, the amount of 

industdal hemp transfe,:red, and the date ofthe transfer. Any individual in possession of 

unprocessed industrial hemp plants, plant pt!rts, grain, or seeds without a valid hemp producer's 

license or a bill ofladingtnay be presumed to have unlawfully cultivated or produced hemp in 

violation of the act or gained possession of industrial hemp plants, plant patts, grain, or seeds 

that were cultivated or produced in violation ofthe act. 

(c) Each licensee shall comply with all local, state, and fed_eral lawl? artd regulations 

related to the transportation ofindustrial hemp and with the act. (Authorized by and 

implementing K.S.A. 2019 Supp. 2-3906; effective P-_____.) 

APPHOVED APPROVED APPROVED 

JUL S 1 2020 AUG O 5 2020 SEP 2 1 2020 

DIVISION OF THE BUDGET DEPT. OF ADMINISTRATION ATTORNEY GENERAL 
K.A.R. 4-34-27. Planting restrictions; signage requirements; volunt~cr plants. (a) A 

1 I licensee shall.not cultivate, plant, grow, or harvest industrial hemp plants,. plant parts, grain, or 

seeds at any location not included on the license. 

(b) A licensee.shall not cultivate, plant, grow, or harvest industrial hemp plimts~plartt 

pai..ts, grain, or seeds in a residential structure, within 50 feet of a residential structure, or within 

one-quarter mile of any public or private K-12 school or public recreational area, except with the 

secretary's written,permission. 

(c) A licensee shall not inte1plant any other crop with industrial hemp, except that any 

state educational institution licensee may do i,;o upon authorization by the secretary. This 

subsection shall not prohibit the use of ground cover, but ground cover shall not be harvested. 

(d) A licensee shall not interplant different varieties of industrial hemp within a lot. 

(e) Harvested lots of industrial hemp plants shall not be commingled with other hm:vested 

lots or either material. 

(f) Each licensee shall post and maintain at least one. sign at each licensed growing area 

listed cm. the license. A sign shall be posted along each licen$ed growing area boundary adjacent. 

to a ptiblic road, .except that ifthe licensed growing area is adjacent to an intersection of two or 

more public roads, a sign shall be posted at the intersection. If~ licen_sed growing area i~ not 

adjacent to any public road, asign shall be posted at the point of access to the licensed growing 

area. Each sign shall measure at least 36 inches per side, shall be clearly visible and legible from 

the adjacent pubH~ road, intersection ofpublic roads, or access point; and shall include the 

following info1mation: 

(1) The following text: "Kansas Deprutment of Agriculture Industrial Hemp Program"; 

APPROVED 

MAY O 7 2020 

DIVIS.ION OF THE BUDGET 

APPROVED APPROVED 

MAYO 8 2020 SEP 2 12020 

DEPT. OF ADMINISTRATION ATTORNEY GENERAL 
K.A.R. 4-34-27 

Page 2 of2 

(2) the licensee's name; 

(3) the licensee's license number; and 

(4) the department's telephone number. 

(g) Each licensee shall allow the secret&ry to inspectl for volunteer plants, ditches, fence 

lines, or other unmanaged land areas adjacent to any licensed growing area. Each licensee shall 

d,estroy any volunteer plants for at least three years after the last date of planting. (Authorized by 

and implementing K.S.A.2019 Si1pp. 2-3906; effective P-______.) _ 

APPROVED APPROVED APPROVED 

MAYO 8 2020 SEP 2 12020 _ / 

MAY O'l 2020 

OIVISION OF THE BUDGET 'DEPT. OF ADMINISTRATION A1TORNEY GENERAL
K.A.R. 4-34-28. Access to 1·ecords and property. (a) Acceptance of a license shall constitute a 

grant of authority by each licensee allowing th~ secretary to inspect all records related to the 

cultivation or production of industrial hemp. 

(b) Each licensee shall grant the secretary access to all land identified for the cultivation 

or prod-uction of industrial hemp for purposes of inspection to determine compliance with the act 

and the implementing regula.tions. In addition to pre-harvest sampling and testing of all industrial 

hemp plants being cultivated or produced pursuant to the act as specified in K.A.R. 4-34-24, in 

accordance with federal law?each licensee's premises and records related to the cultivation or 

production of industrial hemp shall be subject to annual inspection to ensure compliance with the 

act and the implementing regulations. 

(c) Each licensee sha11 consent to the secretary's providing information to the United 

States department of agriculture, law enforcement, fire and rescue agencies, and the public 

tegarding each licensed growing area. Additionally, each lic~nsee shall consent to the secretary's 

providing info11nation about any licensed growing area, including global positioning system 

coordinates, to representatives of the United States department ofagriculture, Kansas bul'eau of 

investigation, United States drug ehfol'cement agency, and other law enforcement agencies. 

(d) Each licensed growing area and ,all adjacent areas shall be subject to ins:Pectio:n by 

the secretary. The secretary shall have complete, unrestricted, and immediate access to all 

industdal hemp plants, plant parts, grain, and seeds~whether growing or not, including access to 

all land, buildings, facilities,. motor vehicles, and <Jther strnctures used for 'industrial hemp-related 

activities. Access shall be granted at reasonable times, without interference or obstruction, with 

or without cause, and with or without advance notice. The secretary's tight ofaccess specified in 

APPl~OVED APPROVED APPROVED 

JUL 31 2020 

AUG @6 2020 SEP 2 12020 

IJIVISION OF THE BUDGET 

DEPT. OF ADMINISTRATION ATTORNEY GENERAL 
K.A.R. 4-34-28 

Page 2 of2 

this regulation shall inc;lude the unrestricted right to inspect or talce samples of.any .industrial 

hemp plants, plantparts, grain, or seeds, whether growing or not, present at the location being 

accessed, as well as the right to inspect any reports or records pe1taining to industrial hemp 

plants, plant pal'ts; grain, or seeds. (Aqthorized by and implementing K.S.A. 2019 Supp. 2-3906; 

effective P-_______.) 

APPHOVED APPROVED APPROVED 

JUL 81 2020 AUG Oo2020 SEP 2 1 2020 

DIVISION OF THE BUDGET DEPT. OF ADMINISTRATION ATTORNEY GENERAL 
K.A.R. 4-34-29. Negligent violations; corrective action plans. (a) Negligent violations 

of the act may include failure to provide a legal description of land on which a licensee produces 

industrial hemp, producing plants with a delta-9 tetrahydrocannabinol concentration greater than 

1.0 percent on a dry-weight basis, or producing plants with a delta-9 tetrahydrocannabinol 

concentration greater than 0.3 percent on a dry-weight basis if the licensee did not make 

reasonable efforts to cultivate or produce industrial hemp. It shall not be a negligent violation of 

the act if a licensee produces plants with a delta-9 tetrahydrocannabinol concentration of 1.0 

percent or less on a dry-weight basis and the licensee has made reasonable efforts to cultivate or 

produce industrial hemp. Each licensee who negligently violates the act or the implementing 

regulations shall be required to follow a corrective action plan developed by the secretary. 

(b) Upon the first negligent violation, each licensee shall meet the following 

requirements: 

(1) Correct the violation within 10 days of notification of the violation by the secretary, 

including conducting effective disposal ofthe industrial hemp crop if so ordered; 

(2) for the duration ofthe time period specified in the corrective action plan, which shall 

be at least two years, provide a report to the secretary as often as is required by the secretary 

regarding the status ofthe violation; and 

(3) complete any other actions required by the secretary. 

(c) Upon a second negligent violation within five years of a previous negligent violation, 

each licensee shall meet the following requirements: 

(1) Correct the violation within 10 days of notification of the violation by the secretary, 

including the effective disposal ofthe industrial hemp crop if so ordered; 
K.A.R. 4-34-29 

Page 2 of2 

(2) for the duration of the time period specified in the corrective action plan, which shall 

be at least two years, provide a report to the secretary at least every 30 days, or as often as is 

required by the secretary, regarding the status of the violation; and 

(3) complete any other actions required by the secretary. 

(d) Upon a third negligent violation within five years of the first negligent violation, each 

licensee shall be ineligible to cultivate or produce industrial hemp for a period of five years 

beginning on the date of the third violation. Each license or registration held by the licensee shall 

be subject to immediate revocation, and all ofthe licensee's industrial hemp shall be subject to 

destruction, if so ordered. (Authorized by and implementing KS.A. 2020 Supp. 2-3906; effective 

Jan. 8, 2021; amended, T-__________.) 
Procedures for Pre-Harvest Industrial Hemp Sample Collection 

Document: KDA-INDUSTRIALHEMP-0003 

Revision #: 2 

Published Date: 04/16/2021 

Page 1 of 9 

KANSAS DEPARTMENT OF AGRICULTURE PLANT PROTECTION AND WEED 

CONTROL PROGRAM 

PROCEDURES FOR PRE-HARVEST INDUSTRIAL HEMP SAMPLE COLLECTION 
Procedures for Pre-Harvest Industrial Hemp Sample Collection 

Document: KDA-INDUSTRIALHEMP-0003 

Page 2 of 9 

Revision #: 2 

Published Date: 04/16/2021 

Table of Contents 

Summary, Purpose, and Scope ............................ .............. ........................................... 3 

Summary of Practice....................................................................................... 3 

Pre-Requisites for Post-Harvest Sample Collection ... .. ......... .. ... ............ ........................ 4 

Sampling Guidelines ...... .. . •........ .. ...................... ... ..... .. ..... ., ............................. 5 

Transfer of Samples................................. ........................ . , .... ,,, .... ,, .................7 

Summary of Tables 

Table 1- Approximate number of cuttings to take per lot size ......................... ,............. 8 

Summary of Figures 

Figure 1- Sampling pathing for industrial hemp lots from shapes to a square, circular or 

oval, ilTegular and rectangle .............................................................................. 9 
Procedures for Pre-Harvest Industrial Hemp Sample Collection 

Document: KDA-INDUSTRIALHEMP-0003 

Revision #: 2 

Published Date: 04/16/2021 

Page 3 of 9 

Summa1·y 

The Commercial Industrial Hemp Act, KS.A. 2-3901 et. seq. and amendments thereto and mles 

and regulations adopted pursuant thereto (Act), charges the Kansas Department ofAgriculture 

(KDA) with regulating the Kansas commercial industrial hemp program (Program). KDA will 

therefore conduct pre-harvest sampling and testing ofindustrial hemp grown for commercial 

purposes to ensure conformity and compliance with federal and state law. 

KDA is committed to ensuring that industrial hemp grown under the auspices of the Program is 

compliant with federal and state law and is truly industrial hemp. KDA intends to inspect and 

sample all industrial hemp fields, and all industrial hemp plants intended for harvest are subject 

to compliance testing to ensure compliance with the statutory total delta-9 tetrahydrocannabinol 

concentration of 0.3 percent. 

Purpose: 

1. Standard sampling guidelines are specified for sampling ofindustrial hemp within licensed 

growing areas. 

2. Samples are taken to obtain specimens for the measurement oftotal delta-9 

tetrahydrocannabinol concentration, which dete1mines whether the specimens are hemp or 

marijuana. The measurements are intended to be representative ofthe total delta-9 

tetrahydrocannabinol concentration in a "lot" of hemp crop acreage as identified by the 

producer. Producers are not permitted to harvest hemp prior to the hemp being sampled and 

tested for total delta-9 tetrahydrocannabinol concentration. 

Scope: 

1. Samples collected under this procedure are acceptable for submission to the Kansas 

Department ofAgriculture Labora:to1y for determination oftotal delta-9 

tetrahydrocannabinol concentration. 

2. Since the total delta-9 tetrahydrocannabinol concentration ofindustrial hemp generally 

increases as the plant comes to maturity, the timing of sampling is impmtant to accurately 

measure total delta-9 tetrahydrocannabinol concentration and monitor compliance with the 

state law. 

3. Samples must be collected by KDA authorized sampling agents who have undergone 

sampling training. It is the responsibility ofthe licensed producer to pay any fees associated 

with sampling set by the depaitment. 

Summary of Practice: 

1. This practice provides procedures for entering a licensed growing area and collecting the 

number ofplant specimens necessary to represent a homogeneous composition ofthe Lots to 

be sampled. An authorized representative should enter the lic:ensed growing area, 
Procedures for Pre-Harvest Industrial Hemp Sample Collection 

Document: KDA-INDUSTRIALHEMP-0003 

Revision #: 2 

.Published Date: 04/16/2021 

Page 4 of 9 

strategically examine the growing area, establish an approach for navigating each lot, and 

collect individual specimens ofplants in order to obtain a representative sample of industrial 

hemp from the designated lot. 

2. Cuttings from each "Lot" of industrial hemp crop acreage, as identified by the producer and 

submitted to and uniquely identified by the Farm Service Agency per the requirements ofthe 

USDA hemp production program, shall be organized as composite samples. For the purposes 

of these procedures, a "Lot" is a contiguous area in a field, greenhouse, or indoor growing 

structure containing the same variety or strain ofcannabis throughout. In addition, "Lot" 

refers to the batch of contiguous, homogeneous whole of a product being sold to a singl~ 

buyer at a single time. Each "Lot" is to be defined by the producer in terms of farm location, 

field acreage, and to be reported as such to the FSA. 

Pre-requisites for Pre-Harvest Inspection Sample Collection: 

1. General 

1.1 When a licensee submits a pre-harvest report ( at least 30 days before each anticipated 

harvest date for each applicable lot), KDA should contact the primary licensee to 

confirm the location where industrial hemp will be harvested and to schedule a preharvest inspection and a sampling. At this time, if the submitted pre-harvest report 

varies from the license information on file with KDA, KDA should notify the primary 

licensee to update the license information. 

1.2 Iftwo or more harvests will be conducted within the growing area during a license 

year, the licensee shall notify the department of each intended harvest date at least 30 

days before each intended harvest date. The licensee shall pay a sampling fee and 

testing fee for each sample collected per lot. Iftwo or more harvests will be conducted 

in the same lot during a license year; the licensee shall notify the department of each 

intended ha1vest date at least 30 days before each intended harvest date. The licensee 

shall pay a sampling fee and testing fee for each harvest conducted in the lot after the 

initial harvest ofthat lot. 

1.3 Each licensee shall permit representatives of the depattment complete, unrestricted, and 

immediate access to all industrial hemp plants, plant parts, grain, and seeds and all 

locations and buildings listed on the license. Access shall be granted at reasonable 

times, without interference or obstruction, with or without cause, and with or without 

advance notice. 

1.4 All samples collected by the department shall become the property of the department, 

and no compensation shall be owed to the licensee. 

2. Equipment 

2.1 Shears. 

2.2 Alcohol wipes (for collection equipment should be cleaned between independent samples 

samples). 

2.3 COC paper sampling bags for necessary functions, including: 

2.2.1 Collection ofplant materials; 

2.2.2 Sample preservation; and 
Procedures for Pre-Harvest Industrial Hemp Sample Collection 

Document: KDA-INDUSTRIALHEMP-0003 

Revision #: 2 

Published Date: 04/16/2021 

Page 5 of9 

2.2.3 Conect labeling capability. 

2.4 COC tags and tape. 

2.5 Stapler and staples. 

2.6 Writing utensil. 

2.7 Measuring devices, including either: 

2. 7 .1 Ruler; and 

2.7.2 Portable measuring wheel. 

2.8 Plastic crate and bucket for sample transport. 

2.9 Electronic scale accurate to 0.1 grams (g). 

2.10 Device with GPS coordinate confirmation capabilities. 

2.11 Device with photographic documentation capabilities. 

2.12 Communications equipment (computer and phone). 

2.13 Inspection outeIWear and protection 

2.13 .1 Nitrile gloves, long pants, and long sleeves are recommended; and 

2.13.2 Appropriate footwear. 

3. Documentation · 

3.1 Inspection form 

3.1.1 Standardized inspection checklist relating to various aspects of the general 

requirements pertaining to licensing, records, and land use. 

3.2 Request for analysis and chain of custody forms 

3.3 Applicable Producer Filed Reports · 

3.3.1 To serve as a reference material. 

3.4 Maps and photos 

3.4.1 Relevant maps and photos of where the material is being held. 

Sampling Guidelines 

1. General 

1.1 Surveillance of the licensed growing area. 

1.1.1 The inspector should verify the GPS coordinates of the applicable growing area 

or Lots as compared to the OPS coordinates submitted by the licensee to KDA. 

1.1.2 The inspector should estimate the average height, appearance, approximate 

density, and condition of the plants and the degree ofmaturity of the flowering 

material, meaning inflorescences (flowers/buds). 

1.1.3 The inspector should visually establish the homogeneity ofthe stand to establish 

that the growing area is oflike variety. 

1.2 Time of Sampling 

1.2.1 No more than 30 days prior to the intended harvest date of industrial hemp, a 

IIDA representative shall collect samples from such cannabis plants for total 

delta-9 tetrahydrocannabinol concentration testing. The 30-day pre-harvest 

sampling is not required for immature indush-ial hemp plants, such as seedlings 

or clones for use by a producer or sale to another producer, but immature 

industdal hemp plants grown for these purposes are still subject to sampling and 

testing by KDA. 
Procedures for Pre-Harvest Industrial Hemp Sample Collection 

Document: IillA-INDUSTRIALHEMP-0003 

Revision #: 2 

Published Date: 04/16/2021 

Page 6 of 9 

1.3 Sampling from licensed growing area 

1.3. l For purposes of determining the number ofindividual plants to select for 

sampling, the size of the growing area should be considered. For sampling 

purposes, samples from separate Lots must be kept separate and not be 

commingled. 

1.3 .2 If a lot contains multiple industrial hemp varieties, the inspector must generate 

separate samples from each subplot within the Lot, and each sample must 

contain a single variety. 

2. Sample Collection 

2.1 Criteria for plant samples 

2.1.1 For lots of less than one (1) acre, including greenhouses, select a minimum of 

fifteen (15) plants, then take a cutting from the plant to form a sample (Table 1). 

Ifplant density and stand is poor, use discretion or select a minimum five (5) 

plants to generate no less than forty ( 40) grams offresh plant material. 

2.1.2 For lots of 1 to 33 acres, including greenhouses, select a minimum of30 plants, 

then take cuttings of each plant, then combine to form a composite sample 

(Table 1). 

2.1.3 For lots larger than thirty-th1:ee (33) acres, including greenhouses, the number of 

plants that will be selected to form a composite sample is indicated in Table 1. 

2.2 Sampling Pattern 

3.1.1 Sampling agents should always walk at right angles to the rows ofplants, 

beginning at one point of the Lot and walldng towards another point on the 

opposite side of the Lot. 

3.1.2 Depending on the geometric shape ofthe growing area or Lot, sampling agents 

should use pa thing indicated in the figures on page 8 of this document. The 

figures associated with each geometric shape represent a rough sampling pattern 

that should be followed for a lot ofthat shape; consider Figure 1. 

2.3 Selection ofplant material 

2.3.1 Fiber and Grain varieties: monoecious and dioecious 

2.3.1, 1 Vegetative 

2.3.1.Ll Terminal 20 cm ofthe main or axillary shoot. A single sample 

from a plant should include a melistem, shoot material, and 

developed and undeveloped foliar material. 

2.3.1.2 Reproductive 

2.3.1.1.2 Terminal 20 cm ofthe main or axillary female inflorescence. 

The majority ofthe sample's composition should contain the 

pistillate flowers, but it may contain some peduncle, pedicel, 

and some foliar materials. 

2.3.2 Floral varieties 

2.3 .2.1 Vegetative 

2.3.2.1.1 Terminal 20 cm ofthe main or axillary shoot A single sample 

from a plant should include a metjstem, shoot material, and 

developed and undeveloped foliar material. 
Procedures for Pre-Harvest Industrial Hemp Sample Collection 

Document: KDA-INDUSTRIALHEMP-0003 

Revision #: 2 

Published Date: 04/16/2021 

Page 7 of 9 

2.3.2.2 Reproductive (female plants and inflorescences only) 

2.3.2.2.2 Terminal 20 cm ofthe main or axillary female inflorescence. 

The majority of the sample's composition should contain the 

pistillate flowers, but it may contain some peduncle, pedicel, 

bract, and some foliar materials. 

2.3.3 hnmature plants (vegetative) 

2.3.2.1 Terminal 20 cm of the main or axillary shoot. A single sample from a 

plant should include a meristem, shoot material, and developed and 

undeveloped foliar material. 

2.4 Bagging, labeling, transportation, and storage 

2.4.1 Place removed tissues in the appropriate collection bag, seal the bag with COC 

tape, and properly label the bag. 

2.4.2 The bag should be labeled with the following information: 

2.4.2.1 The name, phone number, and email address of the sampling agent; 

2.4.2.2 the sample ID, written as follows: YYYYMMDD20_XXXX-X(year, 

month, day, license number, sample number); 

2.4.2.3 the date and time the sample was collected; 

2.4.2.4 Matrix (Vegetative or Floral) and varieties; 

2.4.2.5 Number of cuttings per sample; 

2.4.3 Samples and any container that contains samples should be kept out of direct 

sunlight during transport and should not be frozen or chilled. 

Transfer of Samples 

1. Samples should be transported to the KDA Laboratory as promptly as possible after 

collection. 

2. Upon the sample arriving at the laboratory, proper Request for Analysis and Chain of 

Custody forms should be completed by the sampling agent or transporter and laboratory 

personnel, and should include the following information: 

2.1 the date and time the sample was relinquished to the laboratory; 

2.2 the name of the individual the sample was relinquished to; and 

2.4 the date and time the sample was relinquished. 
60 

70 

80 

90 

100 

110 

Procedures for Pre-Harvest Industrial Hemp Sample Collection 

Document: KDA-INDUSTRIALHEMP-0003 

Revision #: 2 

Published Date: 04/16/2021 

Page 8 of 9 

Table I-Approximate number of cuttings to take per lot size 

Number of Sample Number of Sample Number of Sample 

Acres Size (n) Acres Size (n) Acres Size (n) 

<) 15 71 58 187-188 116 

l 30 72-73 59 189-191 117 

2 30 74 192-194 118 

3 30 75-76 61 195-197 119 

4 30 77 62 198-199 110 

5 30 78-79 63 200-202 121 

6 30 80-81 64 203-205 122 

7 30 82 65 206-208 123 

8 30 83-84 66 209-211 124 

9 30 85-86 67 212-214 125 

10 30 87 68 215-217 126 

11 30 88-89 69 218-220 127 

12 30 90091 221-223 128 

13 30 92 71 224-226 129 

14 30 93-94 72 227-229 130 

15 30 95-96 73 230-232 131 

16 30 97-98 74 233-235 132 

17 30 99 75 236-238 133 

18-19 30 100-101 76 239-242 134 

20 30 102-103 77 243-245 135 

21 30 104-105 78 246-248 136 

22 30 106-107 79 249-252 137 

13 30 108 253-255 138 

24 30 109-110 81 256-258 139 

25-26 30 111-112 82 259-262 140 

27 30 113-114 83 253-255 141 

28 30 115-116 84 256-258 142 

29 30 117-118 85 259-262 143 

30 30 119-120 86 263-265 144 

31-32 30 121-122 87 266-269 145 

33 30 123-124 88 270-273 146 

34 31 125-126 89 274-276 147 

35 32 127-128 277-280 148 

36 33 129-130 91 281 -284 149 

37-38 34 131-132 92 285-288 150 

39 35 133-134 93 289-292 151 

40 36 135-136 94 293-296 152 

41-42 37 137-138 95 297-300 153 

43 38 139-140 96 301-304 151 

44 39 141-143 97 305-308 152 

45-46 40 144-145 98 309-312 15:l 

47 41 146-147 99 313-316 154 

48 42 148-149 317-320 155 

49-50 43 150-152 101 321-325 156 

51 44 153-154 102 326-329 157 

52 45 155-156 103 330-333 158 

53-54 46 157-158 104 334-338. 159 

55 47 159-161 105 339-343 160 

56 48 162-163 106 344-347 161 

57-58 49 164-166 107 348-352 162 

59 50 167-168 108 353.357 163 

60-61 51 169-170 109 358-362 164 

62 52 171-173 363-366 165 

63-64 53 174-175 111 367-371 166 

65 54 176-178 112 372-377 167 

66-67 55 179-181 113 378-380 168 

68 56 182-183 114 

69-70 57 184-186 il5 
Procedures for Pre-Harvest Industrial Hemp Sample Collection 

Document: KDA-INDUSTRIALHEMP-0003 

Revision #: 2 

Published Date: 04/16/2021 

Page 9 of 9 

Figure 1- Sampling pathing for industrial hemp lots from shapes of (A) square, (B} circular or oval, (C) in-egular 

and (D) rectangle. 
Procedures for Post-Harvest Industrial Hemp Sample Collection 

Document: KDA-INDUSTRIALHEMP-0004 

Revision #: 1 

Published Date: 04/16/2021 

Page 1 of 6 

KANSAS DEPARTMENT OF AGRICULTURE PLANT PROTECTION AND WEED 

CONTROL PROGRAM 

PROCEDURES FOR POST-HARVEST AND POST-REMEDIATION INDUSTRIAL 

HEMP SAMPLE COLLECTION 

All pri11ted copies are collsidered uncontrolled. 
Procedures for Post-Harvest Industrial Hemp Sample Collection 

Document: IIDA-INDUSTRIALHEMP-0004 

Page 2 of 6 

Revision #: 1 

Published Date: 04/16/2021 

Table of Contents 

Summary, Purpose, and Scope ... .... ...................... ............ ............................................... 3 

Summary of Practice.......... ...... .......... ... ..... ... .... .... .. ..... .. ..... ............... .. ... ........ 3 

Pre-Requisites for Post-Harvest Sample Collection .. ... .. .. ... .. ... .. .... .. .............................. 4 

Sampling Guidelines .... ........ ................... ...... .. ..... .. ................... .... .. ... ............... 5 

Transfer of Samples............ .. ........... .... .... ...... ....... ................... .. ... ........ ........ .. 6 

Allprinted copies ate considered uncolttrolled. 
Procedures for Post-Harvest Industrial Hemp Sample Collection 

Document: KDA-INDUSTRIALHEMP-0004 

Revision #: 1 

Published Date: 04/16/2021 

Page3 of6 

Summary 

The Commercial Industrial Hemp Act, KS.A. 2-3901 et. seq. and amendments thereto and rules 

and regulations adopted pursuant thereto (Act), charges the Kansas department of agriculture 

(IIDA) with. managing the Kansas commercial industrial hemp program (Program). IIDA will 

therefore conduct post-harvest and post-remediation sampling and testing of industrial hemp to 

ensure conformity and compliance with federal and state law. 

IIDA is committed to ensuring that industrial hemp produced under the auspices of the Program 

is compliant with state law and is truly industrial hemp. All industrial hemp is subject to postharvest sampling and testing to ensure compliance with the statutory total delta-9 

tetrahydrocannabinol concentration of 0.3 percent. 

Purpose: 

1. Standard post-harvest and post-remediation sampling guidelines are specified for sampling 

ofindustrial hemp harvested and remediated by licensed producers. 

2. Samples are taken to obtain specimens for the measurement of total delta-9 

tetrahydrocannabinol concentration, which determines whether the specimens are industrial 

hemp or matijuana. The measurements are intended to be representative of the total delta-9 

tetrahydrocannabinol concentration from a "lot" of industrial hemp. Producers may not 

release plant material that has been remediated into commerce until it has been sampled, 

tested for total delta-9 tetrahydrocannabinol concentration, and deemed compliant. 

Scope: 

1. Samples collected under this procedure are acceptable for submission to The Kansas 

Department ofAgriculture Laboratory for determination of total delta-9 

tetrahydrocannabinol concentration. 

2. All industrial hemp plants, plant parts, seeds, gain, or plant material that have been 

remediated are subject to post-remediation sampling and testing to ensure compliance before 

enteting the stream of commerce. 

3. Samples must only be collected by KDA authorized sampling agents who have undergone 

industrial hemp sampling training. It is the responsibility of the licensed producer to pay any 

fees KDA imposes associated with sampling. 

Summary of Practice: 

1. This practice sets forth procedures for collecting plant specimens that represent a 

homogeneous composition of an individual Lot of industrial hemp in order to form a sample. 

In order to obtain such a representative sample, a sampling agent should enter the sampling 

area, strategically examine the area, establish an approach for navigating the area, and collect 

individual specimens of industrial hemp or remediated plant material. 

Allprinted copies are considered uncontrolled. 
Procedures for Post-Harvest Industrial Hemp Sample Collection 

Document: KDA-INDUSTRIALHEMP-0004 

Revision #: 1 

Published Date: 04/16/2021 

Page 4 of 6 

2. Industrial hemp or remediated plant material should be organized by Lot as identified by the 

producer and submitted to and uniquely identified by the U.S. Department of Agriculture 

Fann Service Agency (FSA). For the purposes of these procedures, a "Lot" refers to 

industrial hemp or remediated plant material that originated from a contiguous area in a 

field, greenhouse, or indoor growin:g structure that contained the same variety or strain of 

cannabis throughout. In addition, "Lot" refers to the batch of contiguous, homogeneous 

whole of a product being sold to a single buyer at a single time. Each "Lot" is to be defined 

by the producer in terms of farm location and field acreage and is to be correspondingly 

reported as such to the FSA. 

Pre-requisites for Post-Harvest Sample Collection: 

1. General 

1.1 When post-harvest sampling is required or when a licensee submits a remediation 

report, a sampling agent should contact the primary licensee to confirm the location 

where the plant material is located and to schedule a post-harvest or post-remediation 

sampling. 

1.2 The licensee shall pay a sampling fee and testing fee for each sample collected. 

1.3 Each licensee shall permit sampling agents to have complete, unrestricted, and 

immediate access to all industrial hemp and remediated plant material, as well as all 

locations, including buildings, where the same is located. Access shall be granted at 

reasonable times, without interference or obstruction, with or without cause, and with 

or without advance notice. 

1.4 All samples collected by sampling agent shall become the property of KDA, and no 

compensation shall be owed to the licensee. 

2. Equipment 

2.1 Shears 

2.2 Biomass probe or scoop 

2.3 Measuring cups 

2.4 Alcohol wipes (for collection equipment should be cleaned between independent 

samples samples) 

2.5 COC pap,er sampling bags for necessary functions, including: 

2.5.1 Collection ofplant materials; 

2.5.2 Sample preservation; and 

2.5.3 Correct labeling capability. 

2.6 COC tags and tape 

2.7 Stapler and staples 

2.8 Writing utensil 

2.9 Measuring devices, including either: 

2.9.1 Ruler; and 

2.9.2 Portable measuring wheel. 

2.10 Plastic crate and bucket for sample transp01t 

2.11 Electronic scale accurate to 0.1 grams (g) 

2.12 Device with GPS coordinate confirmation capabilities 

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Procedures for Post-Harvest Industrial Hemp Sample Collection 

Document: KDA-INDUSTRIALHEMP-0004 

Revision #: 1 

Published Date: 04/16/2021 

Page 5 of 6 

2.13 Device with photographic documentation capabilities 

2.14 Communications equipment ( computer and phone) 

2.15 Inspection outerwear and protection 

2.15.1 Nitrile gloves, long pants, and long sleeves are recommended; and 

2.15.2 Appropriate footwear. 

3. Documentation 

3.1 Inspection f01m 

3.1.1 Standardized inspection checklist relating to various aspects of the general 

requirements pertaining to licensing, records, and land use. 

3.2 Request for analysis and chain of custody forms 

3.3 Applicable Producer Filed Reports 

3.3.1 To serve as a reference material 

3.4 Maps and photos 

3.4.1 Relevant maps and photos of where the material is being held. 

Sampling Guidelines 

1. General 

1.1 Surveillance offacility by sampling agents to verify: 

1.1.1 The location where the material is being held; 

1.1.2 the number ofbags or containers containing industrial hemp or plant material 

that has been remediated from each Lot. 

1.1.3 The inspector shall visually establish the homogeneity of each bag or containers 

containing industrial hemp or plant material, which has been remediated from 

each Lot. 

1.2 Time of Sampling 

1.2.1 Sampling agents should collect samples of industrial hemp or remediated plant 

material for total delta-9 tetrahydrocannabinol concentration testing upon request 

of the producer or as required by K.A.R. 4-34-25. 

1.3 Sampling 

1.3.1 For purposes of determining the amount ofmaterial to select for sampling, the 

total quantity of the material being sampled should be considered. For sampling 

pmposes, samples from different Lots must be kept separate and not be 

commingled. 

1.3 .2 If a Lot contains multiple industrial hemp varieties, sampling agents should 

collect samples from each subplot within the Lot, and each sample should 

contain a single variety. 

1.3.3 When collecting samples, the sampling agent should use a biomass probe, 

scooping tool, or other tool to collect industrial hemp or remediated plant 

material, and samples should be collected from various depths and locations and 

from each bag or container. 

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Procedures for Post-Harvest Industrial Hemp Sample Collection 

Document: KDA-INDUSTRIALHEMP-0004 

Revision #: 1 

Published Date: 04/16/2021 

Page 6 of 6 

2. Sample Collection 

2.1 Criteria for samples 

2.1.1 At minimum, approximately 750 mL or three (3) standard measuring cups of 

industrial hemp or remediated plant material should be collected from each bag 

or container. If 750 mL ofmaterial from each bag or container is not availabie, 

the sampling agent should collect enough biomass material for a representative 

sample. 

2.2 Bagging, labeling, transportation, and storage 

1.2.1 Place industrial hemp or remediated plant material in the appropriate collection 

bag, sealed the bag with COC tape, and properly label the bag. 

1.2.2 The bag should be labeled with the following information: 

1.2.2.1 The name, phone number, and email address of the sampling agent; 

1.2.2.2 the sample ID, written as follows: YYYYMMDD20_XXXX-X(year, 

month, day, license number, sample number); 

1.2.2.3 the date and time the sample was collected; 

1.2.2.4 Matrix (vegetative, floral, or biomass); 

1.2.2.5 Variety; 

1.2.2. 6 Number of cuttings or amount ofmaterial per sample; 

1.2.2.7 Initial or resample; and 

1.2.2.8 Any other relevant infmmation. 

1.2.3 Samples and any container that contains samples should be kept out of direct 

sunlight during transpoti and should not be frozen or chilled. 

2.3 Holds 

1.3.1 All bags or containers that contain samples ofremediated plant mateti.al should 

be marked with hold-labels or hold-tape. 

1.3.2 Hold-labels or hold-tape shall not be removed by the licensee prior to the 

material being deemed complaint and eligible for commerce. 

Transfer of Samples 

1. Samples should be transported to the KDA Laboratory as promptly as possible after 

collection. 

2. Upon the sample arriving at the Laborat01y, Request for Analysis and Chain ofCustody 

forms should be completed by the sampling agent or transporter and laborat01y personnel 

and should include the following information: 

2.1 the date and time the sample was relinquished to the laboratmy; 

2.2 the name ofthe individual the sample was relinquished to; and 

2.3 the date and time the sample was relinquished. 

Allpl'inted copies al'e collsidered 111ico1ztrolled. 
Processing of Industrial Hemp and Determination of Total Delta-9 THC 

Document#: 5116 

Revision #: 2 

Published Date: 4/1/2021 7:40:28 PM 

Page 1 of 15 

KANSAS DEPARTMENT OF AGRICULTURE LABORATORY 

Processing of Industrial Hemp and Determination of Total Delta-9 THC 

Concentration 

Approvals 

Editor: David Nobo Date: 4/1/2021 5:59:34 PM 

Reviewed By: Veronica Fris Date: 4/1/2021 6:21 :43 PM 

Approved By: Sally Flowers Date: 4/1/2021 7:40:28 PM 

All printed copies are considered uncontrolled. 
.

Processing of Industrial Hemp and Determination of Total Delta-9 THC 

Document #: 5116 

Page 2 of 15 

Revision #: 2 

Published Date: 4/1/2021 7:40:28 PM 

Table of Contents 

Purpose.................. ........................................................ ... .. ... ........3 

Scope.............................................................................................3 

Responsibility.....................................................................................3 

Frequency............ ................... .................................,, .....................3 

References................................. .......................................................3 

Safety and Hazardous Waste...............................................................4 

Supplies, Reagents and Solutions, Equipment, and Standards...................4 

Outline of Procedure...... ;...................................;.................................6 

Specific Procedure............................................................................ 7 

Calculations.......................................... ............................................ 13 

Quality Assurance..............................................................................14 

Method Notes......................·.............................................................. 15 

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1. Purpose 

The purpose of this procedure is to describe the process for sample receipt, 

handling, grinding and determination of total delta-9 (.l\9) tetrahydrocannabinol 

(THC) concentration in Industrial Hemp samples by ultra-performance llquid 

chromatography (UPLC) with photo diode array (PDA) detection. 

2. Scope 

Federal and State statute defines Industrial Hemp as cannabis with a total 

delta-9 THC concentration of no more than 0.3 percent on a dry-weight basis. 

"Delta-9 tetrahydrocannabinol concentration'' means the combined percentage of 

delta-9 tetrahydrocannabinol and its optical isomers, their salts and acids, and 

salts of their acids, reported as THC on a dry weight basis, of any part of the 

plant Cannabis sativa L. This procedure ls to be used for the sample receipt, 

handling, processing, and analysis of Industrial Hemp. 

3. Responsibility 

It is the responsibility of approved lab analysts to know and follow all methods, 

guidelines, and regulations relevant to this procedure. All lab analysts must 

complete a background check and fingerprinting prior to being approved to 

perform procedure. Only individuals with valid Industrial Hemp Research 

Administrative License should receive and process industrial hemp samples. 

4. Frequency 

This procedure is performed on samples as needed. 

5. References 

5.1 "Separation of 16 Cannabinoids in Cannabis Flower and Extracts Using a 

Reversed-Phase lsocratic HPLC method." Andrew J Aubin, Catharine 

Layton, and Shawn Helmueller, Waters Corporation, Milford, MA, USA 

5.2 Leaner and greener analysis of cannabihoids. Elizabeth M Mudge, Susan 

J. Murch, Paula N. Brown. 23 February 2017. 

5.3 "Hemp Sample Preparation", Revision: 02, Daya Mitchell, Keith Wegner, 

Ellen LaRiviere, Colorado Department of Agriculture Inspection & 

Consumer Services Division, 10 August 2018, 

5.4 "Procedure for Receiving, Preparing, and Releasing Hemp", Version: 02, 

Staff Collaboration, Frank Sikora, Sharon Webb, University of Kentucky 

Regulatory Services. 03 April 2018. 

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Page 4 of 15 

5.5 K.S.A. 2020 Article 2 Chapter 3901. Commercial industrial hemp act; 

Subsection 82 

5.6 International Standard ISO/IEC 17025:2017, General requirem~nts for the 

competence of testing and calibration laboratories, Third edition 2017-11. 

5.7 AOAC INTERNATIONAL Guidelines for Laboratories Performing 

Microbiological and Chemical Analyses of Food, Dietary Supplements, 

and Pharmaceuticals. An Aid to Interpretation of 1S0/IEC 17025:2017, 

Revised August 2018. 

6. Safety and Hazardous Waste 

6.1 Analysts should always wear appropriate Personal Pr,otective 

Equipment (PPE) for the testing or analysis being performed. All 

reagents should be poured down the drain with copious amounts of 

running water. All sample waste should be disposed of in the designated 

hemp waste receptacle. 

7. Supplies, Reagents and Solutions, Equipment, and Standards 

7.1 Supplies 

7.1.1 Lab coat or apron 

7.1.2 Disposable gloves 

7.1.3 Safety glasses 

7.1 .4 Metal spatula 

7.1.5 50 ml Falcon centrifuge tubes with tube rack 

7.1.6 2 ml amber glass vials 

7.1.7 Thomson 0.2 μm filter vials 

7.1 .8 Pipette tips - various sizes 

7.1.9 Disposable transfer pipets 

7: 1.10 Graduated cylinders, Class A - various sizes 

7.1.11 Beakers - various sizes 

7.1.12 Class A volumetric flasks and stoppers - various sizes 

7.1 .13 Bottle top dispenser 

7.1 .14 Mason jars - various sizes 

7.1.15 Label tape 

7.1.16 Aluminum foil 

7.1.17 Reagent bottles - various sizes 

7.1.18 Moisture tins with lids 

7. 1 .19 Permanent marker 

7.1.20 Heat resistant gloves . 

7.1.21 Desiccator with desiccant 

7.1.22 Autosampler tray 

7.1.23 Shears 

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7.2 Reagents and Solutions 

NOTE: Each freshly prepared reagent will be properly identified and 

recorded in KDAL Document No. 804, Solution and Reagent 

Preparation Form. KDAL Document No. 730, Procedure for Solution 

and Reagent Preparation, should be consulted if further instruction is 

needed. 

7.2,1 Acetonitrile - OptimaTM 

7.2.2 Ultrapure water (Millipore water) 

7.2.3 Methanol - Optima TM 

7.2.4 Trifluoroacetic acid (TFA)- OptimaTM LC/MS Grade 

7.2.5 Mobile phase - measure 410 ml of Millipore water using a 1 L 

graduated cylinder and bring to volume with acetonitrile. Pipette 1 ml 

of TFA. Transfer contents to a 1 L reagent bottle. Expires 1 week 

after preparation. 

7.2.6 Needle wash - measure 500 ml Millipore water and acetonitrile 

using 1 L graduated cylinders. Transfer contents to a 1 L reagent 

bottle. Expires 1 month after preparation. 

7.2.7 Column wash- measure 500 ml Millipore water and acetonitrile 

using 1 L graduated cylinders. Transfer contents to a 1 L reagent 

bottle. Expires 1 month after preparation. 

7.3 Equipment 

NOTE: All annual preventative maintenance (PM) documents should be 

stored and readily available by the analyst. 

7.3.1 Sonicating water bath 

7.3.2 Centrifuge 

7.3.3 Analytical balance 

7.3.4 Pipettes - various sizes 

7.3.5 UPLC system with PDA detector or similar system with software 

7.3.6 Centrifugal rotor mill or equivalent with the capabilities to grind hemp 

samples including leaves, seeds, twigs, and stems. 

7.3.7 Waters CORTECS Shield RP18, 2.7 μm, 4.6 x 50 mm or eqwivalent 

7.3.8 Simplicity Ultrapure Water System - Millipore 

7.3.9 Convection oven 

7 .3.10 Freezer 

7.3.11 Refrigerator 

7.3.12 Lockable cabinet 

7.3.1.3 Safe 

7.4 Standards 

NOTE: THCA and THC standards are stored according to the manufacturer's 

instruction . Each prepared stock standard is good for 14 days after 

preparation. The Certificate of Analysis (COA) for each standard 

must be retained and readily available. Each freshly prepared 

standard will be properly identified and recorded in KDAL Document 

All printed copies are considered uncontrolled. 
Processing of Industrial Hemp and Determination of Total Delta-9 THC 

Document#: 5116 

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No. 804, Solution ;;ind Reagent Preparation Form. Refer to KDAl 

Document No. 730, Procedure for Solution and Reagent Preparation, 

if further instruction is needed. 

7.4.1 A9-Tetrahydrocannabinol (THC) - Concentration: 1 mg/ml. Stored 

at 2 - 8 °c. Used for THC stock standard. 

7.4.2 A9-Tetrahydrocannabinolic acid A {THCA) - Concentration: 1 

mg/ml. Stored at s -70 °C. Used for THC stock standard. 

7.4.3 A9-Tetrahydrocannabinolic acid A- stored at s -70 °C. Used for 

initial calibration verification (ICV) stock standard. 

7.4.4 A9-Tetrahydrocannabinol - stored at s -10 °C. Used for ICV stock 

standard. 

7.4.5 THC stock standard (50 μg/mL) - Pipette 250 μl of THC and 250 

μl of THCA into a 5 ml volumetric flask. Bring to volume with 

acetonitrile. Store in freezer between use. Stable for 2 weeks. Stored 

at s -70 °C. 

7.4.6 ICV stock standard (50 μglml)- Pipette 250 μl of THCA and 250 

μL of THC into a 5 ml volumetric flask. Bring to volume with 

acetonitrile. Store in freezer between use. Stable for 2 weeks. Stored 

at s -70 °C. 

7.4.7 Calibration standards - prepare a four-point curve using THC stock 

standard with the following concentrations: 50, 20, 10, and 5 μg/ml. 

7.4.7.1 50 μg/ml- Transfer approximately 1 ml THC stock 

standard into a 2 ml amber vial. 

7.4.7.2 20 μglml-400 μL of THC stock standard diluted with 600 

μL of acetonitrile into a 2 ml amber vial. 

7.4.7.3 10 μglml-200 μL of THC stock standard diluted with 800 

μl of acetonitrile into a 2 ml amber vial. 

7.4.7.4 5 μglml-100 μl of THC stock standard diluted with 900 

μl of acetonitrile into a 2 ml amber vial. 

7.4.8 ICV check standard (50 μglml) -Transfer approximately 1 ml 

of ICV stock standard into a 2 ml amber vial. 

8. Outline of Procedure 

8.1 Sample Receipt and Traceability 

8.2 Sample Processing 

8.3 Moisture Testing 

8.4 Official Sample and Standard Preparation 

8.5 Instrument Preparation and Sample Analysis 

8.6 Sample Failure 

8. 7 Sample Reporting 

8.8 Sample Discard 

8.9 Sample Disposal 

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9. Specific Procedure 

9.1 Sample Receipt and Traceability 

9.1 .1 Upon receipt of samples, sign and date the seal of the sample, 

and inspect the bag and seal for damage. Note any damage on 

the Request for Analysis form. For routine samples, inform the 

Industrial Hemp Program. For non-routine samples, inform the 

external customer. Ensure the Request for Analysis/Chain of 

Custody Form has been properly completed and is signed by 

an approved analyst. 

9.1.1.1 In the "Laboratory Use Only" section, issue a 

laboratory number using the format "YY - ####H," 

where "YY" is the fiscal year, and "#=###" is a 

consecutive number starting with 0001 (e.g., 20-

0420H). Date, initial, and add comments as needed. 

9.1.1.2 Mark the bag with the laboratory number issued to the 

sample. 

9.1.1.3 Record the date received with initials, the sample ID 

and assigned laboratory ID number in KDAL 

Document No. 5172, Industrial Hemp Log. 

9.1.2 If the sample cannot be dried within 24 hours from the time of 

receipt, the sample should be held in a freezer at ~ -20 °C 

until the sample can be dried. 

9.1.3 Track reagent ILN's (internal laboratory number) and solution 

reagent numbers using KDAL Document No. 5117, Hemp 

Reagents Worksheet. 

9.1.4 Create an Excel hemp worksheet and save the file to the 

appropriate folder using the following format "MMDDYYYY 

Hemp ii" Where 'ii' is the analyst's initials. 

9.1 .4.1 Worksheet will include: initials of the analyst, 

falcon tube number, date received, sample ID, lab ID, 

test portion mass, instrument results, total delta-9 

THC concentration, and date completed. 

NOTE: Date completed is the date the sample data is 

integrated. 

9.2 Sample Processing 

9.2.1 Sign and date the seal of the sample bag to identify the date it 

was opened and who broke the seal on the sample. 

9.2.2 Remove the entire sample from the bag and spread it out on 

aluminum foil labeled with the lab ID. Samples can be cut into 

smaller pieces as needed. Place the sample in an oven at 

60±2 °C for a minimum of 24 hours. See method note 12.3. 

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9.2.2.1 Track oven temperature twice daily when in use using 

KDAL Document No. 981, Daily Temperature 

Monitoring Record (Double Probe). 

9.2.3 Record the date and time the samples are placed in the oven 

and removed from the oven on the Industrial Hemp Log. 

9.2.4 Once drying is complete, remove samples individually for 

grinding. 

9.2.4.1 Obtain two jars for each sample. Label the first jar 

"Test Specimen" along with the lab ID and the second 

jar "Retain Specimen" along with the lab ID. 

9.2.4.2 Weigh and record the jar weights (without lid) on the 

Industrial Hemp Log. 

9.2.4.3 Using a centrifugal rotor mill or equivalent, grind the 

entire sample including leaves, seeds, twigs, and 

stems. 

NOTE: If a sample is received and appears to have been 

"remediated" (shredded or blended), grind the sample 

as described above. 

9.2.4.4 Transfer approximately one-fourth of ground sample 

to the "Test Specimen" jar and transfer the rema1nder 

of the ground sample to the "Retain Specimen" jar. 

9.2.4.5 Weigh and record the total weight of each jar with 

sample (without lid) on the Industrial Hemp Log. Store 

the "Retain Specimen" in a locked cal;>inet. 

9.3 Moisture Testing 

9.3.1 Create an Excel moisture worksheet using a pre-existing feed 

or hemp moisture worksheet. 

9.3.1.1 Save the worksheet in the appropriate folder using the 

template "MMDDYYLoD Hemp ii" where "ii'; is the 

analyst's initials.'' 

9.3.2 Place moisture tin lids under the empty moisture tins and dry at 

102;5 to 104.5 °C for.approximately 2 hours in the convection 

oven. 

9.3.3 Remove tins from the convection oven and cool in a desiccator 

for approximately 30 minutes. 

NOTE: Do not allow tins to remain in desiccator for more than two 

hours. If left for longer than two hours, proceed to re-dry the 

empty moisture tins and lids. 

9.3.4 With each batch include a blank, laboratory control sample 

(LCS), and a duplicate. The LCS and duplicate must be 

weighed in accordance to step 9.3.5. 

9.3.4.1 Blank- leave an empty moisture tin. 

9.3.4.2 LCS - weigh a chosen AAFCO sample. 

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9.3.4.3 Duplicate - weigh a chosen sample from the sample 

set. 

9.3.5 Empty moisture tins will be weighed with lids placed 

underneath and values recorded in the corresponding moisture 

worksheet. Empty moisture tins are subsequently tared and 

2.0±0.1 g of sample is weighed directly into the tin. Transfer 

weight to the corresponding moisture worksheet. 

9.3.6 Shake tins gently to ensure uniformity of sample and place into 

a convection oven and dry for approximately three hours. 

9.3.6.1 Track oven temperature using KDAL Document No. 

987, Temperature Monitoring - Day of Use. 

9.3.6.2 Record the time samples are placed in the oven and 

taken out of the oven on KDAL Document No. 3479, 

Loss on Drying Worksheet. 

9.3.7 Once drying is complete, remove tins from the oven and place 

in a desiccator to cool to room temperature for approximately 

30 minutes. 

NOTE: Do not allow samples to remain in desiccator for more than I two hours. Ifthis occurs, clean tins and restart process at J step 9.3.2. 

9.3.8 Weigh sample tins and record the Weight in the corresponding 

moisture worksheet. Desiccator lid should be slid open to 

retrieve tins and subsequently closed. Leaving the desiccator 

open may add additional moisture to the samples. 

9.3.9 Ensure percent moisture is less than 12 % before continuing. 

9.3.9.1 If moisture percentage is higher than 12 %, the test 

specimen will be re-dried for c1pproximately 1 hour at 

90±5 °C. Samples will be dried to a consistent loss 

(typically 5 to 12 % moisture). 

9.4 Official Sample and Standard Preparation 

9.4.1 Each sample is weighed into a labeled 50 ml falcon centrifuge 

tube. 

9.4.2 With each batch, include a blank, LCS, matrix spike (MS), and 

a duplicate. 

9.4.2.1 Blank - leave a falcon tube empty. 

9.4.2.2 LCS-weigh 1.0±0.02 g of a proficiency test sample 

or a sample internally verified by the laboratory. 

9.4.2.3 MS - weigh 1.0±0.02 g of a proficiency test sample or 

a sample internally verified by the laboratory. Spike 

the sample with 200 μI of THC and 200 μI THCA. 

9.4.2.4 Duplicate - weigh 1.0±0.02 g of a chosen sample from 

the sample set. 

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9.4.2.5 Samples - weigh 1.0±0.02 g for all samples requiring 

compliance testing. 

9.4.2.6 After taking the test portion, record the sample weight 

used for both moisture and THC testing in the 

"Sample Weight (g)" row, along with weighing and 

recording the finai weight of the "Test Specimen" jar 

(without lid) in the "Final Weight (g)" row on the 

Industrial Hemp Log. 

9.4.3 Using a bottle top dispenser or a 10 ml pipette, add 10 ml 

acetonitrile to each labeled falcon tube excluding the MS tube 

which requires the addition of 9.6 ml acetonitrile. If using a 

bottle top dispenser, use a 10 ml graduated cylinder to ensure 

the accuracy of the bottle top dispenser. Once verified, the 

dispenser may be used freely. 

9.4.3.1 Track the use of the bottle top dispenser in KDAL 

Document No. 979, Vial Fillers or Burets, Day of Use 

Volume Check. 

9.4.4 Place samples in the centrifuge tube rack and sonicate in a 

room temperature water bath for approximately 20 minutes. 

9.4.5 After sonication, place samples in the centrifuge for 

approximately 1 Ominutes at 1500 rpm. · 

NOTE: Ensure the centrifuge is balanced before running. Use falcon 

tubes filled with equal volumes water to balance. 

9.4.6 After centrifuging, perform a 10x dilution on each sample and 

transfer samples to a Thomson vial and bring to the fill line (::= 

0.5 ml) and filter with a 0.2 μm filter. 

9.4.7 Create the calibration curve in 2 ml amber vials using the THC 

stock standard. See standards section 7.4.7. 

9.4.8 Load samples, calibration standards, and ICV check standard 

into the autosampler tray and onto the UPLC instrument. 

9.5 Instrument Preparation and Sample Analysis 

9.5.1 Samples are analyzed by PDA detection with the following 

instrument conditions: 

Column Waters CORTECS Shield 

RP18, 2.7 μm, 4.6 x 50 mm or 

equivalent 

Column Temperature 35 °C 

Flow Rate 0.8 ml/min 

Wavelength 228 nm 

Injection Volume: 1 μL 

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Stabilization Allow mobile phase to flow for 

approximately 1 Ominutes prior 

to injection. 

Gradient lsocratic 

9.5.2 If not already open, open the Empower software and select 

"Configure System." A new window will open. In the column on 

the left-hand side select "Systems." Bring the system online by 

right clicking column "2" and selecting "Bring Online." 

9.5.2.1 Close out or minimize the window. 

9.5.3 In Empower, select "Browse Project," select "Hemp," and press 

"OK." A new window will open. In the top toolbar select "Run 

Samples" represented by an image sitnilar to a carousel. In the 

new window, select "PDA" and "OK." 

9.5.4 In the new (PDA) window, right click the box "Sample Manager 

FTN" and select "Launch Console." Select "System" in the 

column located on the left-hand side. In the top toolbar select 

"Control", and "Start up System ... " A new window will appear. 

In this window ensure "A," "B," and "Seal Wash" are selected 

(indicated by a checkmark) and the "Duration of Prime" is 

"4.0." In the same window, select "SM" and ensure the "Wash 

Solvent" and "Purge Solvent" have checkmarks in their boxes 

and read "15" and "5" respectively. Select "Start." 

NOTE: The system start-up should take approximately 12 

minutes. During this time, if not completed already, 

the analyst should prepare their standards for the 

calibration curve or continue with sample preparation 

as needed. 

9.5.5 Once the system start-up has completed, click the down arrow 

in the "Instrument Method" pox located in the PDA window. 

Select "Hemp PDA" and select "Setup." 

9.5.5.1 The mobile phase will begin to equilibrate the column. 

This takes approximately 10-15 minutes. The delta 

value must be stable with no major changes in 

pressure. This value should not exceed a value 

greater than 10 % of the methods maximum pressure. 

The delta value and pressure can be viewed in the 

console window with "Quaternary Solvent Manager'' 

selected in the left side column. 

9.5.6 Create the Empower spreadsheet for instrument analysis. A 

spreadsheet can be generated from scratch or can be created 

using a pre-existing spreadsheet. A spreadsheet may be 

generated by selecting the far-left icon located at the top of the 

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toolbar in the PDA window. Ensure "Load using a previously 

created sample set method" is selected and click "OK." 

9.5.6.1 Open the most recent spreadsheet. Select the 

spreadsheet and click "Open." 

9.5.6.2 Adjust the spreadsheet as needed and save the 

spreadsheet by going to "File," "Save Sample Set 

Method As .... " Save the file using the following 

template: "MM/DDNYYY Hemp ii.'' Where 'ii' is the 

analyst's initials. 

9.5.7 On the spreadsheet, located at the top left corner, select the 

"E" as this will highlight all the samples on the spreadsheet. 

Start the run by clicking the green circle icon located at the top 

of the PDA window toolbar. 

9.5.7.1 The "Run Sample Set" window will appear. Select the 

down arrow next to "Shutdown Method," select "PDA 

clean up," and select "Run." 

9.5.7.2 Following analysis, the instrument will automatically 

go into the shμtdown method. 

9.5.8 Review and integrate the data. Track the instrument results in 

the assigned laboratory notebook. 

9.5.9 Update the corresponding control chart. 

9.5.10 Update the Industrial Hemp Log, with date of analysis, initials 

of the analyst, "Pass" or "Fail" status, and any comments as 

needed. 

9.5.11 Update the Excel hemp worksheet and report results to the 

Section Supervisor, Lab Director, or designee. 

9.6 Sample Failure 

9.6.1 Sample failure equates to a sample concentration level of total 

l::.9 THC on a dry weight basis of greater than 0.3 % plus the 

measurement of uncertainty (MU). All samples considered a fail 

must be logged in KDAL Document No. 5173, Industrial Hemp 

Fail Log and retested in duplicate. 

9.6.1.1 The analyst must be witnessed weighing failed samples 

by the Lab Director, QA Manager, or designee. 

9.6.1.2 Track the lab ID, the initial weight of the "Test 

Specimen" jar (without lid), the sample amount 

weighed for testing, the final weight of the "Test 

Specimen" jar (without lid), the date of analysis, and 

the results of the re-testing ("Pass" or "Fait"). 

9.6.2 Create a new Excel hemp worksheet (see section 9.1.4) and retest following sections 9.4- 9.5 for sample and instrument 

preparation. See method note 12.1. · 

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9.6.3 Review data and track the instrument results in the appropriate 

laboratory notebook. 

9.6.4 Update the Industrial Hemp Fail Log with date/initials of analysis 

and "Pass" or "Fail." 

9.6.5 Update the Excel hemp worksheet and report results to the 

Section Supervisor, Lab Director, or designee. 

9.7 Sample Reporting 

9.7.1 Samples are reported on the Kansas Department of Agriculture 

Laboratory Report of Analysis. 

9.7.2 Sample Information: results, and required signatures sections are 

completed, and the form is scanned and emailed to the Plant 

Protection and Weed Control Program or submitting indiviclual(s). 

9.8 Sample Discard 

9.8.1 Samples that have passed are discarded no sooner than two 

months after the report date. The samples that have failed are 

held in a safe for a minimum of six months unless an extension is 

requested by the Industrial Hemp Program or submitting 

individual(s). 

9.9 Sample Disposal 

9.9.1 Samples that have passed are to be mixed with asubstance 

(e.g., cat litter) to render them unrecognizable and are disposed 

of in the dumpster. 

9.9.2 Samples that have failed are considered controlled substances 

and will be transferred to the Riley County Police Department 

(RCPD) for destruction. 

NOTE: All steps of the sample disposal process for fail samples will be 

completed by two authorized KDAL personnel and a DEA Form 

41 will be completed to include sample ID and weight. 

9.9.2.1 On date of disposal, sample weights will be verified and 

samples will be transferred from jars to brown paper 

bags (either individually or comingled), filled no more 

than half full, and sealed. 

9.9.2.2 Samples will then be transferred to RCPD where KDAL 

personnel will stand by until items are placed within the 

incinerator. 

9.9.2.3 Incineration date and time will be documented. 

10. Calculations 

10.1 Total /19 THC concentration = (THCA % x 0.877) + THC % 

10.2 Moisture adjustment for dry weight total /19 THC in sample: 

Dry weight% total/19 THC= [%THC/ (100 - % moisture)] x 100. 

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10.3 Dry Weight Total THC % will be reported to the nearest ten 

thousandth, or four decimal places (i.e., 0.3142). 

10.4 Measurement of Uncertainty (MU) will be reported as a percent(%) 

plus or minus (±) to the nearest ten thousandth, or four decimal 

places (i.e., 0.3142). 

11. Quality Assurance 

11.1 A run is a set of samples analyzed daily with corresponding quality 

control samples and may contain one or more batches. A batch is a 

collection of lab samples with corresponding required quality control. 

ThEl maximum number of samples analyzed per batch is 30. 

11.2 An Initial Calibration Verification (ICV) from a second source 

calibration standard Will be analyzed with each run. The second 

source results must be Within 15 % of the true value. A failing ICV will 

make an entire run invalid. 

11.3 A Laboratory Control Sample (LCS) will be analyzed with each batch. 

When Proficiency Test samples are not available, a second source 

material with a known value can be used as an LCS. These values 

must be within three standard deviations to be acceptable. A failing 

LCS will make an entire run invalid. 

11.4 A Laboratory Reagent Blank and a Matrix $pike will be analyzed with 

every run .- Matrix spike recoveries are monitored by creating recovery 

control charts plotting percent recovered. Blanks must be less than 

half the concentration of the lowest calibration standard. Matrix spike 

recoveries should be within 30 % of the expected recovery value. 

11.5 A Duplicate will be analyzed with each batch. Duplicate analysis 

results are monitored by creating precision control charts plotting 

Relative Percent Difference (RPO). A duplicate RPD value should be 

within 10 %. 

11.6 A Continuing Calibration Verification (CCV) and Continuing Calibration 

Blank (CCB) will be analyzed every 10 samples and at the end of each 

run. A CCV should be within 15 % of the true value. A CCB 

concentration should be less than half the lowest calibration standard. 

If CCV or CCB is outside the acceptable range, samples not bracketed 

with passing CCV and CCB will not be acceptable and be retested. 

11.7 Samples with a total 1:::.9 THC concentration greater than 0.3 % plus 

the laboratory's Measurement of Uncertainty (MU) will be considered 

failing and require reanalysis in duplicate. Confirmed violations will be 

reported to the Industrial Hemp Program so inspectors can collect an 

additional sample upon request. 

11.8 Record solution and reagent numbers anq expiration dates on KDAL 

Document No. 5117, Hemp Reagents Worksheet. 

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12. Method Notes 

12.1 THCA will naturally degrade over time and decarboxylize to THC. 

Analysts re-testing samples should expect THCA values to diminish 

over long periods of time. 

12.2 All hemp samples must be secured in a locked cabinet when not being 

processed. 

12.3 Samples should only be added to the oven when necessary. If 

additional samples are added to an oven already containing samples 

that have dried for 8 hours or more, the fresh samples will introduce 

moisture to the partially dried samples thereby extending the overall 

drying process. The drying time of partially dried samples should be 

restarted upon the addition of new samples to the oven. 

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