The Agriculture Improvement Act of 2018 (“2018 Farm Bill”) legalized hemp by removing the crop and its derivatives from the definition of marijuana under the Controlled Substances Act (“CSA”) and by providing a detailed framework for the cultivation of hemp. The 2018 Farm Bill gives the US Department of Agriculture (“USDA”) regulatory authority over hemp cultivation at the federal level. In turn, states have the option to maintain primary regulatory authority over the crop cultivated within their borders by submitting a plan to the USDA. This federal and state interplay has resulted in many legislative and regulatory changes at the state level. Indeed, most states have introduced (and adopted) bills that would authorize the commercial production of hemp within their borders. A smaller but growing number of states also regulate the sale of products derived from hemp. In light of these legislative changes, we are presenting a 50-state series analyzing how each jurisdiction treats hemp-derived cannabidiol (“Hemp CBD”). Each Sunday, we summarize a new state in alphabetical order. Today, we turn to Kansas. In 2018, Kansas legislators enacted the Alternative Crop Research Act (“Act”), which authorizes the cultivation of industrial hemp for research purposes only and is overseen by the Kansas Department of Agriculture (“KDA”). To implement the Act, the KDA issued regulations that went into effect on February 8, 2019. In May 2019, Governor Jeff Colyer signed into law Senate Substitute for House Bill (“HB”) 2167, which authorizes the commercial sale of hemp and hemp products containing less than 0.3% THC, pursuant to the 2018 Farm Bill, and ensures that hemp and hemp products are no longer treated as controlled substances. Consequently, the Act was officially renamed the “Commercial Industrial Hemp Act” but will remain in effect until the KDA establishes the commercial production of industrial hemp in the state or a federal plan by the USDA allowing for the cultivation and production of commercial industrial hemp is adopted, whichever occurs first. With this in mind, the following sections address the current rules under the Act and the future regulations under HB 2167. State License or Permit Status
Possession Transportation
Marketing/Advertising Regulations
In enacting HB 2167, Kansas showed a desire to provide the Kansas hemp community with an opportunity to fulfill its economic potential. However, to reach this objective, the state will need to clarify its policies regarding the manufacture, distribution, marketing and sale of Hemp-CBD products. Stay tuned to the Canna Law Blog for developments on hemp and Hemp CBD in Kansas and other states across the country. For previous coverage in this series, check out the links below: from https://hempgenixs.com/2019/09/29/hemp-cbd-across-state-lines-kansas/?utm_source=rss&utm_medium=rss&utm_campaign=hemp-cbd-across-state-lines-kansas
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