Yesterday, October 9, the Missouri Department of Agriculture released proposed rules for the Missouri Industrial Hemp Program. These rules, required by Missouri Senate Bill 133, will amend existing regulations and transition Missouri’s hemp program from a research program authorized under the 2014 Farm Bill to a full industrial program authorized under the 2018 Farm Bill.

The comment period for the proposed rules does not begin until November 1, and it was previously thought the Department of Agriculture would release the proposed rules on that date. However the Department posted the proposed rules in advance of the public comment period in order to give interested producers ample opportunity to thoroughly review each rule. The final rules will incorporate citizen feedback from this process, as well as federal regulatory guidance from the United States Department of Agriculture.

Under the proposed rules, there are essentially two types of hemp permits that will be issued by the Department:

  • Producer Registration: Authorizes a person who is a Missouri resident, or an entity that is domiciled in this state, to cultivate industrial hemp.
  • Agricultural Hemp Propagule and Seed Permit: Authorizes a permit holder to sell, distribute, or offer for sale any viable agricultural hemp propagate or agricultural hemp seed to registered producers or other permit holders.

The Department anticipates that applications for Missouri’s Industrial Hemp Program will be made available as a fillable PDF by Dec. 2, 2019. The proposed rules are available at:


About Kennyhertz Perry’s Hemp and CBD Regulatory Practice Group

Kennyhertz Perry advises clients on a wide range of hemp and CBD compliance and regulatory matters.  Kennyhertz Perry has broad experience assisting clients with business formation and compliance in highly-regulated industries.

Kennyhertz Perry partner Braden Perry spent time as a Senior Trial Attorney with the Commodity Futures Trading Commission and is well equipped to assist with the banking and other financial issues related to the hemp and CBD industry.

Kennyhertz Perry partner John Kennyhertz is former in-house counsel at a private equity firm, and has structured transactions for very small and very large clients alike. He has substantial experience in highly-regulated industries such as online lending, and industries with rapidly-evolving regulations, such as cryptocurrency. He provides hemp and CBD operational and compliance counseling, and offers advice on appropriate modifications of transaction structure and documentation.

Kennyhertz Perry attorney Ben Tompkins is a former federal prosecutor in Los Angeles as well as serving as tax enforcement counsel for the U.S. Department of Justice. He is well equipped to provide advice regarding the rapidly-evolving tax landscape in the hemp and CBD industry.

Kennyhertz Perry attorney Arthur Chaykin is a former law school professor and head of litigation at Sprint. He is an expert on intellectual property law, and devises creative solutions to protect client’s IP in the hemp and CBD industry, even when certain federal protections are unavailable.

Kennyhertz Perry attorney Jeff Donoho is an expert in small business formation and government compliance. His knowledge of the labyrinthine hemp and CBD regulatory landscape helps him provide detailed guidance to clients.

Kennyhertz Perry attorney Mit Winter is a former partner at at AmLaw 100 law firm.  An expert litigator, his skill in anticipating issues before they become serious problems is valuable to all clients, and particularly those in the hemp and CBD industry.

Kennyhertz Perry attorney Jon Dedon has advised numerous clients in Kansas and Missouri specifically on state and federal hemp and CBD regulatory compliance matters. He understands the current state of federal and state regulations, and makes it his job is to stay on top of the latest developments in this rapidly-evolving area.

Clients also benefit from Kennyhertz Perry’s experience in related areas of law, such as litigation, banking, securities, tax, intellectual property, employment, insurance, and its regular practice before the Missouri administrative agencies and courts. hemp and CBD clients choose Kennyhertz Perry because the firm’s lawyers tailor their advice to the unique issues presented by each matter they handle.

To learn more about Kennyhertz Perry, LLC, please visit kennyhertzperry.com.

*The choice of a lawyer is an important decision and should not be based solely upon advertisements.