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Kansas Statutes Annotated

K.S.A. § 2-3901 (2026)

Commercial industrial hemp act; citation; definitions

✓ current as of May 2026
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2-3901. Commercial industrial hemp act; citation; definitions. (a) K.S.A. 2-3901 et seq., and amendments thereto, shall be known and may be cited as the commercial industrial hemp act.

(b) As used in the commercial industrial hemp act:

(1) "Commercial" means the cultivation or production of industrial hemp for any purpose authorized under K.S.A 2-3906, and amendments thereto.

(2) "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 free THC:

(A) On a dry weight basis, of any part of the 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 disposing of industrial hemp or hemp products found to be in violation of this act that is permitted under the provisions of 7 U.S.C. § 1621 et seq. and any rules and regulations adopted thereunder.

(4) "Hemp products" means all products made from industrial hemp, including, but not limited to, cloth, cordage, fiber, food, fuel, paint, paper, particleboard, plastics, seed, seed meal and seed oil for consumption and any extract from industrial hemp intended for further processing. Final "hemp products" may contain a tetrahydrocannabinol concentration of not more than 0.3%. As used in this paragraph, "tetrahydrocannabinol concentration" means the same as in K.S.A. 65-6235(b)(3), and amendments thereto.

(5) "Hemp producer" means any individual, licensed or otherwise, engaging in the cultivation or production of industrial hemp for commercial purposes pursuant to K.S.A. 2-3906, and amendments thereto.

(6) "Hemp processor" means a person registered under K.S.A. 2-3907, and amendments thereto, to process and manufacture industrial hemp and hemp products.

(7) "Industrial hemp" means all parts and varieties of the plant cannabis sativa L., whether growing or not, that contain a delta-9 tetrahydrocannabinol concentration of not more than 0.3% on a dry weight basis.

(8) "Person" means an individual, corporation, partnership, association, joint stock company, trust, unincorporated organization or any similar entity or any combination of the foregoing acting in concert.

(9) "State educational institution" means the university of Kansas, Kansas state university, Wichita state university, Emporia state university, Pittsburg state university, Fort Hays state university, or any other accredited college, university, technical college or community college within Kansas.

(10) "Authorized 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 amendments thereto;

(B) has been produced from plants 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 the grower or distributor of such seeds or clone 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 any standard adopted by the United States department of agriculture pursuant to 7 U.S.C. § 1621 et seq., and amendments thereto.

(11) "Hemp employee" means a person who has applied for employment or is currently employed with the Kansas department of agriculture who oversees or regulates industrial hemp.

(12) "Applicant" means a person who has submitted an application for licensure as a hemp producer or registration as a hemp processor.

(13) "Hemp destruction employee" means an employee or agent of the Kansas department of agriculture who participates in the effective disposal of industrial hemp.

History: L. 2018, ch. 62, § 1; L. 2019, ch. 37, § 7; L. 2021, ch. 76, § 3; L. 2022, ch. 69, § 23; L. 2024, ch. 15, § 4; July 1.


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www.ksrevisor.gov 2026
Notes of Decisions
Cited in 6 cases (6 in the last 5 years), 2021–2026 · leading case: State v. Williams.
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State v. Williams (Kan. Ct. App. 2026). · cites it 14× “65-4105(h), the State is not required to prove that the THC did not meet an exception to the definition of THC as a Schedule I controlled substance in the Commercial Industrial Hemp Act under K.S.A. 2-3901 or K.S.A. 2-3908. Appeal from Johnson District Court; MICHAEL P.”
Dines v. Kelly (D. Kan. 2022). · cites it 10× “Specifically, plaintiff asks the Court to declare that federal law preempts portions of the Kansas Commercial Industrial Hemp Act (“Kansas Hemp Act”), K.S.A. § 2-3901 et seq., and the Kansas Controlled Substance Act, K.”
State v. Jeffrey (Kan. Ct. App. 2026). · cites it 8× “"THC does not include 'tetrahydrocannabinols in any of the following: (A) Industrial hemp, as defined in K.S.A. 2-3901 . . . [and] (C) hemp products, as defined in K.”
State v. Jones (Kan. Ct. App. 2024). · cites it 2× “; or (4) industrial hemp as defined in K.S.A. 2021 Supp. 2-3901, and amendments thereto, when cultivated, produced, possessed or used for activities authorized by the commercial industrial hemp act.”
State v. Stowers (Kan. Ct. App. 2026). · cites it 2× “The Legislature created exceptions to this definition including "industrial hemp as defined in K.S.A. 2021 Supp. 2-3901, and amendments thereto, when cultivated, produced, possessed or used for activities authorized by the commercial industrial hemp act.”
State v. Gibson (Kan. Ct. App. 2021). “See K.S.A. 2020 Supp. 2-3901 et seq. According to Gibson, hemp "smells nearly identical to raw marijuana," so the officer could not rely on the odor of marijuana alone to establish probable cause for the vehicle search here.”
— K.S.A. § 2-3901(4) — 1 case
Dines v. Kelly (D. Kan. 2022). “Specifically, plaintiff asks the Court to declare that federal law preempts portions of the Kansas Commercial Industrial Hemp Act (“Kansas Hemp Act”), K.S.A. § 2-3901 et seq., and the Kansas Controlled Substance Act, K.”
— K.S.A. § 2-3901(7) — 1 case
Dines v. Kelly (D. Kan. 2022). “Specifically, plaintiff asks the Court to declare that federal law preempts portions of the Kansas Commercial Industrial Hemp Act (“Kansas Hemp Act”), K.S.A. § 2-3901 et seq., and the Kansas Controlled Substance Act, K.”
— K.S.A. § 2-3901(b) — 1 case
State v. Williams (Kan. Ct. App. 2026). “65-4105(h), the State is not required to prove that the THC did not meet an exception to the definition of THC as a Schedule I controlled substance in the Commercial Industrial Hemp Act under K.S.A. 2-3901 or K.S.A. 2-3908. Appeal from Johnson District Court; MICHAEL P.”
— K.S.A. § 2-3901(b)(1) — 1 case
State v. Williams (Kan. Ct. App. 2026). “65-4105(h), the State is not required to prove that the THC did not meet an exception to the definition of THC as a Schedule I controlled substance in the Commercial Industrial Hemp Act under K.S.A. 2-3901 or K.S.A. 2-3908. Appeal from Johnson District Court; MICHAEL P.”
— K.S.A. § 2-3901(b)(4) — 2 cases
State v. Williams (Kan. Ct. App. 2026). “65-4105(h), the State is not required to prove that the THC did not meet an exception to the definition of THC as a Schedule I controlled substance in the Commercial Industrial Hemp Act under K.S.A. 2-3901 or K.S.A. 2-3908. Appeal from Johnson District Court; MICHAEL P.”
State v. Jeffrey (Kan. Ct. App. 2026). “"THC does not include 'tetrahydrocannabinols in any of the following: (A) Industrial hemp, as defined in K.S.A. 2-3901 . . . [and] (C) hemp products, as defined in K.”
— K.S.A. § 2-3901(b)(7) — 4 cases
State v. Williams (Kan. Ct. App. 2026). “65-4105(h), the State is not required to prove that the THC did not meet an exception to the definition of THC as a Schedule I controlled substance in the Commercial Industrial Hemp Act under K.S.A. 2-3901 or K.S.A. 2-3908. Appeal from Johnson District Court; MICHAEL P.”
State v. Jones (Kan. Ct. App. 2024). “; or (4) industrial hemp as defined in K.S.A. 2021 Supp. 2-3901, and amendments thereto, when cultivated, produced, possessed or used for activities authorized by the commercial industrial hemp act.”
State v. Jeffrey (Kan. Ct. App. 2026). “"THC does not include 'tetrahydrocannabinols in any of the following: (A) Industrial hemp, as defined in K.S.A. 2-3901 . . . [and] (C) hemp products, as defined in K.”
State v. Stowers (Kan. Ct. App. 2026). “The Legislature created exceptions to this definition including "industrial hemp as defined in K.S.A. 2021 Supp. 2-3901, and amendments thereto, when cultivated, produced, possessed or used for activities authorized by the commercial industrial hemp act.”
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