SESSION OF 2024
SUPPLEMENTAL NOTE ON SUBSTITUTE FOR HOUSE
BILL NO. 2168
As Amended by Senate Committee on
Agriculture and Natural Resources

Brief*
Sub. for HB 2168 would amend law pertaining to
industrial hemp to:
● Place a $800 cap on hemp license and registration
fee amounts under the Kansas Department of
Agriculture (KDA) Industrial Hemp program; and
[Note: Currently, there is no cap on hemp license
fees, and hemp registration fees are capped at
$1,000. The KDA only licenses commercial
industrial hemp producers in Kansas. Industrial
hemp processors are regulated by the Office of the
State Fire Marshal.]
● Require any hemp producer who negligently
violates state law concerning industrial hemp or
any rules and regulations to correct the negligent
violation by a reasonable date of not more than 90
days after such violation.
[Note: Current law states a hemp producer would
be required to correct a negligent violation by a
reasonable date after such violation.]


____________________
*Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at
http://www.kslegislature.org
Background
The bill was introduced by Representatives Blew and K.
Williams.

House Committee on Agriculture and Natural Resources
2023 Legislative Session
[Note: The bill was referred to the House Committee on
Agriculture and Natural Resources (House Committee) on
January 25, 2023, withdrawn from the House Committee and
referred to the House Committee on Appropriations on
February 16, 2023, and re-referred to the House Committee
on March 1, 2023.]
In the House Committee hearing on March 15, 2023,
proponent testimony was provided by Representative K.
Williams; a representative of the Kansas Hemp Consortium
and Midwest Hemp Technology; and representatives of
Kansans for Hemp. The proponents stated current KDA fee
amounts are a hindrance to joining the industrial hemp
industry.
Written-only proponent testimony was provided by
Representative Blew and a private citizen.
Opponent testimony was provided by the Deputy
Secretary of Agriculture, who stated reducing the fee cap to
$500 would require the agency to seek additional funding to
cover an operating deficit in future years. In addition, the
Deputy Secretary expressed concerns regarding the
provisions of the bill that would allow for hemp in animal feed.
Concerns were also expressed by the State Fire Marshal and
the Executive Officer of the Kansas Bureau of Investigation
regarding provisions that would remove fingerprinting and
background check requirements. [Note: The provisions
regarding hemp in animal feed, fingerprinting, and
background checks were not retained in the substitute bill.]
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 Written-only opponent testimony was provided by a
representative of the Kansas Association of Chiefs of Police,
Kansas Peace Officers Association, and Kansas Sheriffs
Association; a representative of the Kansas Agribusiness
Retailers Association and Kansas Grain and Feed
Association; and a representative of the Kansas Cooperative
Council.
Neutral testimony was provided by a private citizen who
discussed individual freedom and the reserved powers of the
State of Kansas.
No other testimony was provided.
2024 Legislative Session
The House Committee held an informational hearing
concerning the bill on January 24, 2024.
Representatives of Kansans for Hemp and the Kansas
Hemp Consortium provided information on the state of the
industrial hemp industry in the United States and in Kansas.
The representatives also discussed industrial hemp licensee
numbers, the outlook for the hemp-based products market,
federally run programs and licenses, hemp seed meal as a
feed ingredient, hemp feed research, and local, state, and
federal incentives for hemp.
The House Committee adopted an amendment to
remove the contents of the bill and insert two provisions of
the bill as introduced regarding license and registration fee
caps and recommended a substitute bill be passed.

Senate Committee on Agriculture and Natural Resources
In the Senate Committee hearing on March 14, 2024,
proponent testimony was provided by Representative Blew,
a representative of the Kansas Hemp Consortium and
Midwest Hemp Technology, and a representative of Kansans
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for Hemp and Planted Association of Kansas. The proponents
stated that lowering the fee cap would help grow the industrial
hemp industry. Written-only proponent testimony was
provided by a private citizen.
Neutral testimony was provided by a representative of
the KDA and a private citizen. The representative of KDA
stated the number of licensees has decreased and expenses
for the Industrial Hemp Program outpace revenue from fees.
Lowering the fee would result in the carryover revenue from
the first two years of the program being used more quickly
and require funding from other sources or increased fees.
The private citizen stated there should no required fees for
hemp producers.
Written-only neutral testimony was provided by a private
citizen.
The Senate Committee amended the bill to:
● Increase the fee cap from $500 to $800; and
● Specify that a hemp producer would be required to
correct a negligent violation by a reasonable date
of not more than 90 days after such violation.
Fiscal Information
A revised fiscal note on the substitute bill was not
immediately available.
Industrial hemp; fees; fee caps; Kansas Department of Agriculture


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Statutes affected:
As introduced: 2-3901, 2-3906, 2-3907, 2-3908, 34-223
Version 2: 2-3906, 2-3907, 2-3901
As Amended by Senate Committee: 2-3906, 2-3907, 2-3901