2014 Kentucky Revised Statutes
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260.853 Promotion of research and development of markets for Kentucky
industrial hemp and hemp products -- Responsibilities of the commission
-- Establishment of five year research program -- Demonstration plots
overseen by University of Kentucky Agricultural Experiment Station -Research into new energy technologies -- Coordination with universities
and the Cabinet for Economic Development -- Exemption from criminal
liability -- Annual report.
The commission shall promote the research and development of industrial
hemp, and commercial markets for Kentucky industrial hemp and hemp
products, as provided in this section, to the extent that adequate funds are
available and are approved by the commission for these purposes from the
industrial hemp program fund. The commission 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
In addition to its other pursuits, the commission shall undertake research of
industrial hemp production through the establishment and oversight of a five (5)
year industrial hemp research program, to be directly managed by the
University of Kentucky Agricultural Experiment Station, to the extent that
adequate funds are available for the program from the industrial hemp program
fund. This research program shall consist primarily of demonstration plots
planted and cultivated in this state by selected growers, which shall be required
to be licensed by the commission pursuant to KRS 260.854 prior to planting
any industrial hemp.
The commission shall pursue any permits or waivers from the United States
Drug Enforcement Agency or appropriate federal agency that are necessary for
the advancement of the industrial hemp research program.
As part of the industrial hemp research program the commission shall, through
the University of Kentucky Agricultural Experiment Station and in collaboration
with the University of Louisville, the various comprehensive universities as
defined in KRS 164.001, to the greatest extent possible according to the
particular area of research expertise of each university, and other research
(a) Oversee and analyze the growth of industrial hemp by selected and
licensed growers, for agronomy research and analysis of required soils,
growing conditions, and harvest methods relating to the production of
various varieties of industrial hemp that may be suitable for various
commercial hemp products;
(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, and establish a program to recognize certain
industrial hemp seed as being Kentucky heritage hemp seed;
(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
(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 federal and private funding for the
Kentucky industrial hemp research program.
In addition to the research and analysis outlined in subsection (4) of this
section, the commission shall:
(a) Coordinate with the University of Kentucky Center for Applied Energy
Research to study the use of industrial hemp in new energy technologies.
This research shall include but not be limited to:
Evaluation of the use of industrial hemp to generate electricity, and
to produce biofuels and other forms of energy resources;
Growth of industrial hemp on reclaimed mine sites;
Use of hemp seed oil in the production of fuels; and
An assessment of the production costs, environmental issues, and
costs and benefits involved with the use of industrial hemp for
(b) Coordinate with the Cabinet for Economic Development to promote
awareness of the financial incentives that may be available to
agribusiness and manufacturing companies that manufacture industrial
hemp into hemp products, as provided through the Kentucky Business
Investment program pursuant to Subchapter 32 of KRS Chapter 154, in
order to diversify the agricultural economy of the Commonwealth, attract
new businesses to the state, create new job opportunities for Kentucky
residents, and create a commercial market for industrial hemp.
The research activities outlined in subsections(4) and (5) of this section shall
(a) Subject the industrial hemp research program to any criminal liability
under the controlled substances laws of the Commonwealth. This
exemption from criminal liability is a limited exemption that shall be strictly
construed and that shall not apply to any activities of the industrial hemp
research program that are not expressly permitted in the authorization; or
(b) Alter, amend, or repeal by implication any provision of the Kentucky
Revised Statutes relating to controlled substances.
The commission shall notify the Department of Kentucky State Police and all
local law enforcement agencies of the duration, size, and location of all
industrial hemp demonstration plots.
The commission may cooperatively seek funds from both public and private
sources to implement the industrial hemp research program. The funds shall be
deposited into the industrial hemp program fund.
By December 31, 2013, and annually thereafter, the commission shall report
on the status and progress of the industrial hemp research program to the
Governor and to the Legislative Research Commission.
Effective:June 25, 2013
History: Amended 2013 Ky. Acts ch. 134, sec. 4, effective June 25, 2013. -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.
CHAPTER 260 - MARKETING OF AGRICULTURAL PRODUCTS
260.853 Promotion of research and development of markets for Kentucky industrial hemp and hemp products -- Responsibilities of the commission -- Establishment of five year research program -- Demonstration plots overseen by University of Kentucky Agricultural Experiment Station -- Research into new energy technologies -- Coordination with universities and the Cabinet for Economic Development -- Exemption from criminal liability -- Annual report.
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