KS Stat § 2-3902 (2021)
2021 Kansas Statutes|Chapter 2 - Agriculture|Article 39 - Industrial Hemp|2-3902 Same; industrial hemp research and cultivation; licensure; criminal history record checks; rules and regulations; fees; reports to the legislature.

2-3902. Same; industrial hemp research and cultivation; licensure; criminal history record checks; rules and regulations; fees; reports to the legislature. (a) The Kansas department of agriculture, alone or in coordination with a state educational institution, may cultivate industrial hemp grown from authorized seed or clone plants and promote the research and development of industrial hemp, in accordance with 7 U.S.C. § 5940. This research may include:(1) Oversight and analysis of growth of industrial 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 various types of industrial hemp that are best suited to be grown in Kansas, including seed availability, creation of hybrid types, in-the-ground variety trials and seed production;(3) analysis on the economic feasibility of developing an industrial hemp market in various types of industrial hemp that 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 of Kansas-grown industrial hemp varieties;(5) a study on the agronomy research conducted worldwide relating to industrial hemp varieties, production and utilization;(6) a study on the feasibility of attracting federal and private funding for industrial hemp research; and(7) a pilot program in Russell county, and other counties as determined by the department, for the purpose of economic development, research, cultivation, market analysis, manufacturing and transportation of industrial hemp and industrial hemp products.(b) In the event that 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 agriculture shall establish an advisory board within the department to review and recommend applications for pilot projects and research proposals to the secretary. The secretary shall not approve any such project or proposal without the recommendation of the advisory board.(c) The department shall oversee and annually license all individuals participating 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. The department 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 on an ongoing basis. Any modification fee established by the department for any requested change to a license that was previously issued by the department under this section shall not exceed $50.(d) (1) The department shall require, as a qualification for initial or continuing licensure, all individuals seeking a license or license renewal under the research program established under this section to be fingerprinted and to submit to a state and national criminal history record check. The fingerprints shall be used to identify the individual and to determine whether the individual has a record of criminal history in this state or any other jurisdiction. 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 history record check. The department may use the information obtained from fingerprinting and the criminal history record check for purposes of verifying the identification 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 use of any information received by the department for any purpose other than the purposes provided for in this section shall be a class A misdemeanor and shall constitute grounds for removal from office or termination of employment.(2) An individual who has been convicted of a felony violation of article 57 of chapter 21 of the Kansas Statutes Annotated, and amendments thereto, or a substantially similar offense in another jurisdiction, within the immediately preceding 10 years, shall be disqualified from initial or continuing licensure under this section.(3) The Kansas bureau of investigation may charge a reasonable fee for conducting a criminal history record check.(4) The individual seeking a license or license renewal under this section shall pay the costs of fingerprinting and the state and national criminal history record checks.(e) The secretary of agriculture shall promulgate rules and regulations to carry out the provisions 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 license 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 shall be submitted to the senate standing committee on agriculture and natural resources and the house standing committee on agriculture on or before January 14, 2019. The department shall send such committees an annual supplemental report on the continued progress of such process at the beginning of each regular legislative session for the following three years.(g) Nothing in this section shall be construed to authorize any individual to violate any state or federal law.(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.