KRS 260.862: Promulgation of administrative regulations concerning the hemp program

-- Licensure for cultivation, handling, processing, and marketing of hemp.

(1) In addition to any other powers vested in it by law, the department shall have the

authority and power to promulgate administrative regulations to:

(a) License persons who wish to cultivate, handle, process, or market hemp;

(b) Prescribe rules for a university's participation in, or affiliation with, any hemp

program;

(c) Prescribe sampling and testi ng procedures to ensure that hemp and hemp

products cultivated, handled, processed, or marketed under the authority of

this section do not exceed the concentration levels defined in federal law as it

currently exists or as it may be subsequently amended;

(d) Define classes or categories of hemp products that are eligible for sale,

transfer, or distribution to members of the public; and

(e) Establish a schedule of nonrefundable fees for applicants and licensees.

(2) (a) No person shall cultivate, handle, pro cess, or market hemp in the

Commonwealth unless the person holds a license issued by the department.

(b) Any person seeking to cultivate hemp shall provide to the department the legal

description and global positioning coordinates sufficient for locating the fields

or greenhouses to be used to grow hemp.

(c) Any person seeking to cultivate or process hemp shall provide to the

department prior written consent allowing representatives of the department,

the Department of Kentucky State Police, and other state and local law

enforcement agencies to enter onto all premises where hemp is cultivated,

processed, or stored for the purpose of conducting physical inspections or

ensuring compliance with the requirements of KRS 260.850 to 260.869 and

administrative regulations promulgated by the department.

(d) An applicant for a license issued by the department shall submit to and pay for

an annual criminal background check conducted by the Department of

Kentucky State Police or another state or federal law enforcement a gency or

another entity selected by the department.

(e) No person who has been convicted of any felony or any drug -related

misdemeanor or violation in the previous ten (10) years from the date of

application shall be eligible to obtain a license, provided, however, that:

1. A person who was growing hemp lawfully with a license, registration, or

authorization under a pilot program authorized by Section 7606 of the

Agricultural Act of 2014, 7 U.S.C. sec. 5940, shall be eligible to obtain a

license to grow hemp; and

2. A person who was lawfully growing hemp under Section 7606 of the

Agricultural Act of 2014 before December 20, 2018, and was convicted

prior to December 20, 2018, shall be eligible to obtain a license to grow

hemp.