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HB 2135

Making certain provisions of the commercial industrial hemp act applicable only if the Kansas department of agriculture has submitted a state plan to the federal government for the state monitoring and regulation of industrial hemp within Kansas and such state plan is still active.

2025-2026 Regular Session

The bill makes key hemp regulations in Kansas contingent on an active USDA-approved state plan, delaying licensing, fees, and enforcement until the plan is in place.

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Bill Summary · HB 2135

Summary — HB 2135 (Kansas, 2025)

Status: Introduced January 28, 2025; referred to House Committee on Agriculture and Natural Resources. Requested by Rep. Moser on behalf of the Kansas Department of Agriculture (KDA).

Purpose

HB 2135 conditions the applicability of key provisions of Kansas’s Commercial Industrial Hemp Act on the Kansas Department of Agriculture having submitted a USDA state plan for monitoring and regulation of industrial hemp and that such state plan remains active. The bill also removes references to an expired hemp research program and repeals certain existing statutory sections.

Key provisions

  • Applicability tied to active state plan
    • Several statutory provisions (amendments to K.S.A. and K.S.A. 2024 Supp. listed in the bill) apply only if KDA has submitted a state plan to the U.S. Department of Agriculture and that plan is active.
  • Advisory board (K.S.A. 2024 Supp. 2-3902)
    • If a state plan is active, KDA must create and maintain an advisory board (minimum six members) representing: the Legislature, crop research, hemp production/processing, law enforcement, seed certification, and the state entity regulating hemp processors.
    • Board must meet at least annually; members receive only expense reimbursement (no compensation).
  • Licensing, fees, and implementation (K.S.A. 2-3903, 2-3905)
    • Licensing and renewal fees and the Commercial Industrial Hemp Act licensing fee fund operate only when a state plan is active; fees set by KDA rules.
    • Legislature’s stated intent: if a state plan is active, KDA should implement the act in the least restrictive manner allowed under federal law.
  • State plan requirements (K.S.A. 2024 Supp. 2-3906)
    • If KDA submits a plan it must include: land-record procedures (retain for ≥3 years); reliable delta-9 THC testing (post-decarboxylation or equivalent); disposal procedures for noncompliant hemp; licensing/seed standards and fees; documentation to show lawful possession of unprocessed hemp; annual inspections (minimum random sample); and any other federal-required procedures (per 7 U.S.C. §1621 et seq.).
  • Compliance, violations, and disqualifications
    • Negligent violations trigger corrective actions (fix-by dates, periodic reporting for at least 2 years). Three negligent violations within 5 years leads to 5-year ineligibility to produce hemp.
    • Violations involving a greater culpable mental state than negligence must be reported to the Attorney General and are not covered by the negligent-violation exemption.
    • If a state plan is active, applicants who submit materially false information are ineligible; the secretary may require fingerprinting and state/national criminal history checks; individuals convicted of a qualifying felony (e.g., certain drug felonies) within the previous 10 years are disqualified from employment as hemp employees. Costs of fingerprinting and background checks are borne by the applicant/employee.
  • Statutory housekeeping
    • Removes references to the expired hemp research program and repeals specified sections, including K.S.A. 2-3904.

Who is affected

  • Kansas Department of Agriculture (administrative duties tied to having an active USDA-approved plan)
  • Hemp producers, processors, and applicants (licensing, testing, inspections, disqualification rules)
  • Law enforcement and the Attorney General (reporting and enforcement triggers)
  • Advisory board participants (representation and consultative role)
  • Seed certification and related industry participants

Fiscal note

  • Division of the Budget (Feb 16, 2025): Enactment would have no fiscal effect on the Kansas Department of Agriculture or the Office of the State Fire Marshal.

Practical impact and timing

  • The bill does not create new program spending; instead it conditions existing commercial hemp regulatory authorities on maintaining an active USDA state plan. If KDA does not have an active federal plan, several regulatory tools (licensing fees, advisory board requirements, some enforcement and eligibility provisions) would not apply — potentially creating regulatory gaps or uncertainty for the commercial hemp industry until a plan is submitted and approved.
  • Procedural status: pending in the House Agriculture and Natural Resources Committee.

Compiled from official sources — confirm details with the bill’s official record.

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