302 KAR 50:010. Industrial hemp license.

 

      RELATES TO: KRS 260.850-260.869, 21 U.S.C. 821-830

      STATUTORY AUTHORITY: KRS 260.851

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 260.851 requires the Department of Agriculture to promulgate administrative regulations to license research on industrial hemp and hemp products. This administrative regulation establishes application procedures for an industrial hemp research license.

 

      Section 1. Definitions. Unless otherwise specifically defined in this chapter or otherwise clearly indicated by their context, terms in this chapter shall have the following meaning:

      (1) "Industrial hemp research license" means a document issued by the Kentucky Department of Agriculture authorizing a person to engage in industrial hemp research.

      (2) "Industrial hemp research" means research of industrial hemp and hemp products.

      (3) "Person" means any individual, corporation, government or governmental subdivision or agency, state university and all departments thereof, association, cooperative, or other business entity.

      (4) "Produce" or "production" means planting, cultivating, tending, or harvesting.

      (5) "State police" means the Kentucky State Police or its successor agency.

      (6) "University agricultural land" means agricultural lands owned or leased by a state university.

 

      Section 2. License Requirements. (1) Each person involved in industrial hemp research shall be licensed by the Kentucky Department of Agriculture.

      (2) A license shall not be transferable.

      (3) A license shall not be issued to a person convicted of a felony or a drug-related misdemeanor.

      (4) In order to determine a person's eligibility for a license under this section, the department shall apply to the state police for a national and state criminal history records check of the person.

      (5) The mandatory processing fee required by the Federal Bureau of Investigation for a national criminal history records check and any fees required for the state criminal history records check shall be paid by the person seeking the license.

 

      Section 3. Records. Records obtained pursuant to background checks and criminal history checks shall be:

      (1) Confidential and shall not be redisseminated; and

      (2) Used only for the purpose authorized by this chapter.

 

      Section 4. Registration. A person shall register with the United States Department of Justice Drug Enforcement Administration pursuant to 21 USC 821 to 830 before the Kentucky Department of Agriculture may issue a license to participate in industrial hemp research.

 

      Section 5. Access to Land. Access to the university agricultural land where industrial hemp is being grown shall be restricted to those persons who are licensed under Section 2 of this administrative regulation, with the exception of state, local, and federal law enforcement officials who shall have access to the lands where industrial hemp is being grown, for the purpose of announced or unannounced inspections.

 

      Section 6. Industrial Hemp Research License. An industrial hemp research license application shall be submitted on the "Application to Grow Hemp for Research Purposes" form, together with copies of the following documents:

      (1) New application for Registration Under Controlled Substances Act of 1970;

      (2) Application for Permit to Import Controlled Substances for Domestic and/or Scientific Purposes;

      (3) Department of Justice - Drug Enforcement Administration Permit to Import Controlled Substances; and

      (4) Controlled Substance Registration Certificate.

 

      Section 7. License Information. The license issued by the department shall contain the following:

      (1) Name of the licensee;

      (2) Research affiliation;

      (3) DEA registration number;

      (4) License expiration date;

      (5) Date issued;

      (6) Schedule;

      (7) Business activity; and

      (8) Kentucky license number.

 

      Section 8. Revocation of License. (1) A license shall be revoked for the violation of any federal or state drug law.

      (2) If the licensee leaves the place of employment where the license is utilized, the license shall be invalid as of the date of leaving the employment and shall be returned to the Kentucky Department of Agriculture.

 

      Section 9. Incorporation by Reference. (1) The following material is incorporated by reference:

      (a) "Application to Grow Hemp for Research Purposes" form (December 2001);

      (b) "New Application for Registration Under Controlled Substances Act of 1970" ; and

      (c) "Application for Permit to Import Controlled Substances for Domestic and/or Scientific Purposes".

      (2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Department of Agriculture, Division of Marketing, 500 Mero Street, 7th Floor, Capital Plaza Tower, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. (28 Ky.R. 1947; Am. 2200; eff. 4-15-2002.)