2012 Kentucky Revised Statutes
CHAPTER 260 MARKETING OF AGRICULTURAL PRODUCTS
260.853 Promotion of research and development of markets for Kentucky industrial hemp and hemp products -- Involvement of state universities -- Exemption from criminal liability -- Annual report.

Download as PDF 260.853 Promotion of research and development of markets for Kentucky industrial hemp and hemp products -- Involvement of state universities -Exemption from criminal liability -- Annual report. (1) (2) (3) (4) The Department of Agriculture shall promote the research and development of markets for Kentucky industrial hemp and hemp products after the selection and establishment of the industrial hemp research program and the Industrial Hemp Commission, and provided that adequate funds are available for these purposes from the industrial hemp program fund. The department shall work cooperatively with selected Kentucky university or universities' agricultural research programs utilizing the expertise of the university or universities in the area of agricultural research. The Council on Postsecondary Education shall select a university or universities where the industrial hemp research program is to be established, after proposals are considered from all interested universities with agriculture departments in Kentucky. The selected institutions' industrial hemp research program shall undertake research of industrial hemp production in the state. The department shall assist the industrial hemp research program in obtaining the necessary federal permits from the United States Drug Enforcement Agency or appropriate federal agency. In undertaking the industrial hemp research program, the university or universities are authorized to: (a) Grow industrial hemp to conduct agronomy research and analysis of required soils, growing conditions, and harvest methods relating to the production of industrial hemp for commercial products, including but not limited to hemp seed, paper, clothing, and oils; (b) Conduct seed research on various types of industrial hemp that are best suited to be grown in Kentucky, including but not limited to seed availability, creation of Kentucky hybrid types, in-the-ground variety trials and seed production; (c) Study the economic feasibility of developing an industrial hemp market in various types of industrial hemp that can be grown in the Commonwealth; (d) Report on the estimated value-added benefits, including environmental benefits, that Kentucky businesses would reap by having an industrial hemp market of Kentucky-grown industrial hemp varieties in the Commonwealth; (e) Study the agronomy research being conducted worldwide relating to industrial hemp varieties, production, and utilization; (f) Research and promote Kentucky industrial hemp and hemp seed on the world market that can be grown on farms in the Commonwealth; and (g) Study the feasibility of attracting private funding for the Kentucky industrial hemp research program. The authorization granted in subsection (3) of this section shall not subject the industrial hemp research program or the selected university or universities where it is located to any criminal liability under the controlled substances laws of the Commonwealth. This exemption from criminal liability is a limited exemption that (5) (6) (7) (8) shall be strictly construed and that shall not apply to any activities of the industrial hemp research program or the selected university or universities that are not expressly permitted in the authorization. The authorization granted in subsection (3) of this section shall not alter, amend, or repeal by implication any provision of the Kentucky Revised Statutes relating to controlled substances. The selected university or universities of the industrial hemp research program shall notify the headquarters of the Department of Kentucky State Police, the local barracks of the Department of Kentucky State Police, and all other local law enforcement agencies of the duration, size, and location of all industrial hemp plots. The Commissioner and the university or universities may cooperatively seek funds from both public and private sources to implement this section. The funds shall be deposited into the industrial hemp program fund. By October 1, 2001, and annually thereafter, the university or universities shall report on the status and progress of the industrial hemp research program authorized by this section to the Commissioner, the Industrial Hemp Commission, and the Interim Joint Committee on Agriculture, and the Interim Joint Committee on Natural Resources and Environment. Effective: July 15, 2010 History: Amended 2010 Ky. Acts ch. 135, sec. 8, effective July 15, 2010. -- Amended 2007 Ky. Acts ch. 85, sec. 277, effective June 26, 2007. -- Created 2001 Ky. Acts ch. 138, sec. 3, effective June 21, 2001.