Industrial Hemp Processing Frequently Asked Questions

Q: Where do I find OSFM Statutes and Regulations on your web site?

A: https://firemarshal.ks.gov/334/Commercial-Industrial-Hemp-Processing

Q: Is there a contact at OSFM who can guide us through the registration process?

A: You can contact us at KSFM_Hemp@ks.gov

Q: Where do I start with the Application process? Can it be completed online?

A: https://www.firemarshal.ks.gov/FormCenter/Industrial-Hemp-Processing-26/Commercial-Industrial-Hemp-Processor-App-129

https://firemarshal.ks.gov/DocumentCenter/View/976/Commercial-Industrial-Hemp-Processor-Application-PDF?bidId=

Q: What is the annual registration fee?

A: The annual registration fee is $1,000 for each processor that extracts cannabinoids or processes extracted cannabinoids or both; and $500 for each processor that does not perform the extractions of cannabinoids and does not process extracted cannabinoids and only dries, grinds, or separates the parts of the hemp plant.

Fees are nonrefundable.

Q: When do I pay my registration fee? Will I be notified each year?

A: If it is your first application, the fee  is due upon final approval. Registrations expire each year on June 30, and the renewal application is due by June 1. K.A.R. 22-26-2.

You will be notified on an upcoming renewal 30 days before the renewal is due.

Q: How can I pay the annual registration fee?

A: Online via our website at https://www.firemarshal.ks.gov/336/2141/Industrial-Hemp-Processing

Q: How do we renew our license each year?

A: See the "License Renewal" section here:  https://firemarshal.ks.gov/334/Commercial-Industrial-Hemp-Processing 

Q: When submitting my application must I provide the Policies and Procedures Manual, fingerprint cards, consent to search forms and criminal background check?

A: You may submit your application and then follow up with the rest of the materials when you have those available.

Q: Can fingerprints be done by a law enforcement agency out of state?

A: Yes.  You may contact the Investigations Division with the OSFM to get fingerprint cards if needed.

Q: When do I submit the code footprint?

A:  You can submit the code footprint at the same time you submit your application.   

               https://firemarshal.ks.gov/DocumentCenter/View/408/C22-Request-for-Review-PDF

               https://firemarshal.ks.gov/DocumentCenter/View/409/C22A-Request-for-Review-PDF

Q: Will there be an onsite visit for the building approval?

A: Yes, after the code footprint has been received.

Q: Is there a building code that would exempt a processor from needing sprinklers?

A: K.A.R. 22-26-8 authorizes the State Fire Marshal to consider exempting a facility from specific requirements of the adopted national codes and standards upon a written request from a processor or applicant. This evaluation will be done on a case-by-case basis once we have the code footprint information.  In certain situations, we can issue a variance.

General Questions

Q: What is the difference between a hemp “grower” and a hemp “processor”?

A: A “grower” or “producer” grows the plant and does no processing.

A “processor” accepts the harvested plant and dries, grinds, or separates the parts of the hemp plant and/or extracts cannabinoids such as CBD.

Hemp growers are licensed by the Kansas Department of Agriculture. A person who both grows and processes hemp needs a producer license and a processor registration.

Q: If I am only drying/separating, not extracting, do I need a processor registration?

A: Yes.

Q: Can hemp-derived CBD foods or dietary supplements that contain less than 0.3 percent THC be sold in Kansas?

A: This question is outside the scope of the State Fire Marshal’s jurisdiction over the processing of industrial hemp. You may want to consult the Kansas Department of Agriculture or private legal counsel. Other state agencies, or local or federal government agencies, may impose statutory or regulatory requirements on CBD foods or dietary supplements.

Q: If I am not processing, but I want to sell CBD ingestibles and chewable packets, who do I contact?

A: The Kansas Department of Agriculture. Other state agencies, or local or federal government agencies, may impose statutory or regulatory requirements on CBD or ingestible products, so you may want to seek private legal counsel.

Q: Do I need a registration to buy 0.0 percent THC oil to add or blend with other things to make a sellable product?

A: No, you do not need a hemp processor registration for this. Other state agencies, or local or federal government agencies, may impose statutory or regulatory requirements on this. You may want to consult the Kansas Department of Agriculture and/or private legal counsel.

Q: Do I need a processor registration to infuse CBD oil into another product?

A: No, you do not need a hemp processor registration for this. Other state agencies, or local or federal government agencies, may impose statutory or regulatory requirements on this. You may want to consult the Kansas Department of Agriculture and/or private legal counsel.

Q: Is a processor registration required for someone who takes a hemp extract or other hemp derived ingredient that has a THC concentration of 0.3 percent or less and infuses that ingredient into a finished product?

A: No, you do not need a hemp processor registration for this. Other state agencies, or local or federal government agencies, may impose statutory or regulatory requirements on this. You may want to consult the Kansas Department of Agriculture and/or private legal counsel.

Q: Can we use a hammer mill on the hemp and sell it?  

A: Milling hemp requires a processor registration. The legality of the resulting product is governed by jurisdictions other than the State Fire Marshal. K.S.A. 2-3908 defines unlawful hemp products. Other state agencies, or local or federal government agencies, may impose additional statutory or regulatory requirements. You may want to consult the Kansas Department of Agriculture and/or private legal counsel.

Q: Can I get a list of registered processors in Kansas? If so, how?

A: Send an official Kansas Open Records Act (KORA) request to ksfm_hemp@ks.gov for the list. The most updated list will be emailed back to you. You will need to certify that you are not going to use the list for “the purpose of selling or offering for sale any property or service to the persons listed therein.” See K.S.A. 45-220(c)(2); K.S.A. 45-230(a)(3).

Q: Can we hire an employee on a trial basis, and then do a background check once we fully decide to hire?

A: No.  All employees must have a background check to verify that they are legally eligible to process hemp.