GENERAL GOVERNMENT

Department of Agriculture

Office of Agricultural Marketing

(As Amended at ARRS, February 12, 2018)

 

††††† 302 KAR 50:040. Affiliated universities and colleges.

 

††††† RELATES TO: KRS 260.850-260.869, 7 U.S.C. 5940

††††† STATUTORY AUTHORITY: KRS 260.862(1)(d)

††††† NECESSITY, FUNCTION, AND CONFORMITY: KRS 260.862(1)(d) authorizes the department to promulgate administrative regulations [to prescribe rules] for a universityís participation in, or affiliation with, any industrial hemp research pilot program in the Commonwealth of Kentucky. This administrative regulation establishes procedures and requirements for eligible universities and colleges with faculty or staff members who wish to affiliate with the departmentís industrial hemp research pilot program for the purpose of conducting academic research projects.

 

††††† Section 1. Definitions. (1) "Cannabis":

††††† (a) Means all parts of the cannabis plant, whether growing or not, including its seeds, resin, compounds, salts, derivatives, and extracts; and

††††† (b) Does not mean "[. Cannabis does not include]publicly marketable hemp product" [products], as defined by[in] this administrative regulation.

††††† (2) "Commonwealth" means the Commonwealth of Kentucky.

††††† (3) "DEA" means the United States Drug Enforcement Administration.

††††† (4) "Decarboxylated" means the completion of the chemical reaction that converts THC-acid into delta-9-THC, the intoxicating component of cannabis. The decarboxylated value is[may] also [be] calculated using a conversion formula that sums delta-9-THC and eighty-seven and seven tenths (87.7) percent THC-acid.

††††† (5) "Department" is defined by KRS 260.850(3)[means the Kentucky Department of Agriculture].

††††† (6) "GPS" means Global Positioning System.

††††† (7) "Handling" is defined by[in] KRS 260.850(4).

††††† (8) "Hemp" or "industrial hemp" is defined by[in] KRS 260.850(5).

††††† (9) "Law enforcement agency" means the Kentucky State Police, DEA, or other federal, state, or local law enforcement agency or drug suppression unit.

††††† (10) "Location ID" means the unique identifier established for each unique set of GPS coordinates where hemp will be grown, handled, stored, or processed, which can[may] include a field name or building name.

††††† (11) "Plot" means a contiguous area in a field, greenhouse, or indoor growing structure containing the same variety or strain of hemp throughout the area.

††††† (12) "Processing" is defined by[in] KRS 260.850(9).

††††† (13) "Program" means the departmentís Industrial Hemp Research Pilot Program.

††††† (14) "Propagule" means a plant or plant part that can be utilized to grow a new plant.

††††† (15) "Seed source" means the origin of the seed or propagules as determined by the department.

 

††††† Section 2. Eligible Institutions of Higher Education. (1) To be eligible to affiliate with the departmentís program, an institution of higher education shall:

††††† (a) Be accredited by, and in good standing with, a regional or national higher education accreditation agency;

††††† (b) Confer academic degrees at the associate, bachelor, master, or doctoral level; and

††††† (c) Have a principal campus or office that is located at a site within the Commonwealth of Kentucky.

††††† (2) An institution of higher education shall not conduct hemp research under the authority of the departmentís program at a campus or other site that is located outside the Commonwealth of Kentucky.

 

††††† Section 3. Affiliation with Department Required. (1) An authorized representative of an eligible institution of higher education with faculty, administration, or staff members who wish to conduct academic research projects involving hemp under the auspices of the departmentís program shall complete and submit a University/College Affiliation Application, incorporated by reference as part of the Univeristy/College Affiliation Application Packet in 302 KAR 50:080, annually.

††††† (2) An[No] institution of higher education shall not authorize its faculty, administration, or staff members, or any sponsored student, to conduct academic research involving hemp without first completing and submitting a University/College Affiliation Application.

††††† (3) The department shall accept annual University/College Affiliation Applications at any time during a program year.

††††† (4) Upon request from the department, a letter from a faculty department chair or other appropriate academic authority shall be submitted[provided] in support of a University/College Affiliation Application.

††††† (5) Following receipt of a University/College Affiliation Application form from an authorized representative of an eligible institution of higher education, the department shall issue a university or[/] college affiliation confirmation letter [authorizing that person] to grow, cultivate, and process hemp in accordance with:

††††† (a) [In accordance with] The institutionís research plan;

††††† (b) [In accordance with] State and federal law; and

††††† (c) [In accordance with] This administrative regulation.

 

††††† Section 4. Affiliation Application Form;[-] Required Components. A University/College Affiliation Application form shall contain, at a minimum[, the following information]:

††††† (1) The full name of each person authorized by the institute of higher education who shall[will] be responsible for overseeing the academic research project;

††††† (2) The full name of each person who will be involved in growing, processing, or handling hemp;

††††† (3) An academic research plan summary;

††††† (4) The full name of the landowner, street address and GPS coordinates for each field, greenhouse, building, or site where hemp will be grown, handled, processed, or stored; and

††††† (5) Maps depicting each site where hemp will be grown, handled, processed, or stored, with appropriate designations for entrances, field boundaries, and specific locations corresponding to GPS coordinates.

 

††††† Section 5. Restrictions on Affiliated Projects. (1) An institution of higher education with a project affiliated with the departmentís program shall not involve any person who is ineligible or was terminated, or denied admission to the program for one (1) or both of the following reasons:

††††† (a) Failure to obtain an acceptable criminal background check; or

††††† (b) Failure to comply with an order from a representative of the department.

††††† (2) An institution of higher education with a project affiliated with the departmentís program shall not grow, handle, process, or store hemp on property owned by or leased from any person who is ineligible or was terminated, or denied admission to the program for one (1) or both of the following reasons:

††††† (a) Failure to obtain an acceptable criminal background check; or

††††† (b) Failure to comply with an order from a representative of the department.

 

††††† Section 6. No Fees;[--] Sampling and THC Testing Services Available at Cost. (1) The department shall not assess fees on affiliated institutions of higher education except as established[provided] in subsection (2) of this section.

††††† (2) If a representative of an affiliated institution of higher education requests assistance from the department in collecting samples from hemp plants or testing the THC concentration, then the department shall collect a nonrefundable service charge in an amount sufficient to pay for staff time and other expenses incurred in visiting the site, collecting the samples, and testing the samples.

 

††††† Section 7. Seed Acquisition. (1) An institution of higher education shall not acquire hemp seeds or propagules from a source outside the Commonwealth of Kentucky except as established[provided] in subsection (2) of this section.

††††† (2) A representative of an affiliated institution of higher education shall obtain hemp seeds or propagules from a source outside the Commonwealth by submitting a Seed/Propagule Request form and obtaining written approval from a representative of the department.

††††† (3) A person submitting a Seed/Propagule Request form shall submit to the department documentation showing that the mature plants grown from that seed or propagule variety have a floral material decarboxylated delta-9 THC content of not more than 3,000 ppm[three-tenths (0.30) percent] on a dry weight basis.

††††† (4) A person acquiring seeds or propagules from a source outside the Commonwealth shall arrange for the seeds or propagules to arrive at the departmentís facility at 105 Corporate Drive, Frankfort, Kentucky 40601, for inventory and distribution.

††††† (5) Upon request from a representative of the department, a representative of an affiliated institution of higher education shall provide a distribution list showing the locations where and to whom the hemp seeds were distributed following inventory at the departmentís facility.

††††† (6) A Seed/Propagule Request shall not be required for the acquisition of seeds or propagules from a source inside the Commonwealth of Kentucky.

 

††††† Section 8. Site Access for Representatives of the Department and Law Enforcement Agencies. (1) The department shall provide information about approved growing, handling processing, and storage site locations to representatives of the Kentucky State Police, DEA, and other law enforcement agencies whose representatives request registered site information, including GPS coordinates.

††††† (2) Representatives of affiliated institutions of higher education who are participating in hemp research shall have no reasonable expectation of privacy with respect to premises where hemp or other cannabis seeds, plants, or materials are located and any premises listed in the university or[/] college affiliation confirmation letter.

††††† (3) A representative of an affiliated institution of higher education shall permit a representative of the department or a law enforcement agency to enter into premises where hemp or other cannabis seeds, plants, or materials are located and any premises listed in the university or[/] college affiliation confirmation letter with or without cause and with or without advanced notice.

 

††††† Section 9. Academic Research Project Summary to be Submitted to the Department. Following the completion of an academic research project conducted under the auspices of the departmentís program, the person responsible for overseeing the research project shall submit to the department a summary of the researchís objectives and findings. The results of research that is proprietary in nature need not be reported to the department.

 

RYAN F. QUARLES, Commissioner

††††† APPROVED BY AGENCY: December 15, 2017

††††† FILED WITH LRC: December 15, 2017 at noon

††††† CONTACT PERSON: Clint Quarles, Staff Attorney, Kentucky Department of Agriculture, 107 Corporate Drive, Frankfort Kentucky 40601, phone (502) 330-6360, fax (502) 564-2133, email clint.quarles@ky.gov.