The Agriculture Improvement Act of 2018 (“2018 Farm Bill”) legalized hemp by removing the crop and its derivatives from the definition of marijuana below the Controlled Substances Act (“CSA”) and by giving a detailed framework for the cultivation of hemp. The 2018 Farm Bill offers the US Division of Agriculture (“USDA”) regulatory authority more than hemp cultivation at the federal level. In turn, states have the choice to sustain major regulatory authority more than the crop cultivated inside their borders by submitting a strategy to the USDA.
This federal and state interplay has resulted in quite a few legislative and regulatory adjustments at the state level. Certainly, most states have introduced (and adopted) bills that would authorize the industrial production of hemp inside their borders. A smaller sized but expanding quantity of states also regulate the sale of solutions derived from hemp.
In light of these legislative adjustments, we are presenting a 50-state series analyzing how every single jurisdiction treats hemp-derived cannabidiol (“Hemp CBD”). Every single Sunday, we summarize a new state in alphabetical order. Currently, we turn to Kansas.
In 2018, Kansas legislators enacted the Option Crop Study Act (“Act”), which authorizes the cultivation of industrial hemp for study purposes only and is overseen by the Kansas Division of Agriculture (“KDA”). To implement the Act, the KDA issued regulations that went into impact on February eight, 2019.
In May possibly 2019, Governor Jeff Colyer signed into law Senate Substitute for Residence Bill (“HB”) 2167, which authorizes the industrial sale of hemp and hemp solutions containing significantly less than .three% THC, pursuant to the 2018 Farm Bill, and guarantees that hemp and hemp solutions are no longer treated as controlled substances.
Consequently, the Act was officially renamed the “Commercial Industrial Hemp Act” but will stay in impact till the KDA establishes the industrial production of industrial hemp in the state or a federal strategy by the USDA permitting for the cultivation and production of industrial industrial hemp is adopted, whichever happens very first.
With this in thoughts, the following sections address the existing guidelines below the Act and the future regulations below HB 2167.
State License or Permit Status
- Act: At present, the KDA needs every single person who is expanding, processing, promoting and distributing hemp to get a license. Note that the guidelines do not present regardless of whether a license is needed to manufacture, sell and distribute Hemp–CBD solutions. Even so, in May possibly 2018, Governor Jeff Colyer signed legislation amending the state’s criminal code to exclude CBD from the state’s definition of marijuana, which implies that the sale of Hemp–CBD solutions is authorized if the oil includes no THC.
- HB 2167: Even though HB 2167 offers the KDA the authority to monitor and regulate the industrial production of hemp inside the state, the new law does not present regardless of whether a license will be needed to sell and distribute Hemp–CBD solutions. The new law is also unclear about regardless of whether specific categories of Hemp–CBD solutions that might be lawfully manufactured, marketed, distributed, or sold in the state. HB 2167 expressly bans Hemp–CBD smokable solutions as nicely as teas, liquids, solids, and other hemp solutions intended for human consumption containing any ingredient derived from hemp and prohibited by the Kansas Meals, Drug, and Cosmetic Act. Even so, the new law also states that it does not explicitly prohibit the use of Hemp–CBD components, such as CBD oil, in such hemp solutions.
Kansas does not have Hemp–CBD laws or healthcare marijuana laws. Even so, as previously stated, Kansas law removed CBD solutions no cost of THC from the state’s definition of marijuana. In contrast to CBD-exemption laws enacted in other states, Kansas law permits all adults, not just these with certified healthcare situations, to possess and acquire CBD solutions containing no THC.
- Act: The KDA needs men and women who transport hemp to get a study distributor license. Even so, the guidelines do not present regardless of whether a license is needed to transport Hemp–CBD solutions that include THC.
- HB 2167: Neither HB 2167 nor the proposed guidelines from KDA address this situation.
- Act: The Act does not impose restrictions on advertising and marketing or marketing of hemp or hemp solutions below the study plan.
- HB 2167: The new law bans the advertising and marketing of all Hemp–CBD solutions prohibited in the statute and listed above.
In enacting HB 2167, Kansas showed a need to present the Kansas hemp neighborhood with an chance to fulfill its financial prospective. Even so, to attain this objective, the state will have to have to clarify its policies with regards to the manufacture, distribution, advertising and marketing and sale of Hemp–CBD solutions.