ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of September 26, 2025 No. 797

About approval of requirements to conditions of cultivation and to determination of admissible content of tetrahydrocannabinol in the plant of hemp (cannabis) permitted to cultivation in the industrial purposes which are not connected with production or production of drugs and psychotropic substances

According to Item 6 of article 22 of the Law of the Republic of Kazakhstan "About drugs, psychotropic substances, their analogs and precursors and measures of counteraction to their illicit trafficking and abuse of them" the Government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed requirements to conditions of cultivation of plant of hemp (cannabis) in the industrial purposes which are not connected with production or production of drugs and psychotropic substances.

2. Determine admissible content of tetrahydrocannabinol (TGC) in plant of hemp (cannabis) in the quantity to % 0,3 in dry weight permitted to cultivation in the industrial purposes which are not connected with production or production of drugs and psychotropic substances, legal entities.

3. This resolution becomes effective after day of its first official publication.

Approved by the Order of the Government of the Republic of Kazakhstan of September 26, 2025 No. 797

Requirements to conditions of cultivation of hemp (cannabis) in the industrial purposes which are not connected with production or production of drugs and psychotropic substances

1. These requirements to conditions of cultivation of hemp (cannabis) in the industrial purposes which are not connected with production or production of drugs and psychotropic substances (further - requirements), establish conditions of cultivation of hemp (cannabis) in the industrial purposes which are not connected with production or production of drugs and psychotropic substances.

2. In these requirements the following basic concepts are used:

1) original seeds - the seeds made by the author of grade of agricultural plant authorized by it-faced or originatory grades and intended for production of elite seeds;

2) seeds of the first reproduction - the seeds received from crops of elite or original seeds, intended only for cultivation for the purpose of receipt of products, having the high-quality and sowing qualities conforming to the established standards, and which are not used for further reproduction;

3) protective zone - the site of the territory separating crops of hemp (cannabis) other objects (settlements, highways, crops of other cultures) for the purpose of prevention of cross-pollination, unauthorized access and respect for sanitary standards;

4) the State register of selection achievements (further - the State register) - the State register of the Republic of Kazakhstan of the protected plant varieties which includes grades on which patents are granted;

5) body of judicial examination - the state legal entity performing judicial and expert activities in the procedure established by the legislation;

6) sortoispytaniye - examination and testing of selection achievement for patentability and the economic usefulness which are carried out according to the procedure, established by the legislation of the Republic of Kazakhstan;

7) tetrahydrocannabinol (further - TGC) - the chemical compound from group of kannabinoid which is the main psychoactive component of plant of hemp (cannabis), making the impact on the central nervous system of the person included in the list of controlled substances according to the legislation of the Republic of Kazakhstan;

8) seed examination - complex of actions for determination of high-quality and sowing qualities of seeds on their compliance to requirements of technical regulations and documents for standardization in the field of seed farming;

9) seeds - the generative and vegetative bodies of plants used for reproduction of grade: actually seeds, fruits, parts of difficult fruits, soplodiya, cones, saplings, bulbs, tubers, shanks, meristem and others;

10) elite seeds - seeds of agricultural plants which are received from original or superelite seeds and conform to requirements of the legislation of the Republic of Kazakhstan on seed farming.

3. For cultivation seeds of the grades of hemp (cannabis) included in the list of the grades of plant of hemp (cannabis) permitted to cultivation in the industrial purposes which are not connected with production or production of drugs and psychotropic substances, No. 780 approved by the order of the Government of the Republic of Kazakhstan of September 22, 2025 according to Item 5 of article 22 of the Law of the Republic of Kazakhstan "About drugs, psychotropic substances, their analogs and precursors and measures of counteraction to their illicit trafficking and abuse of them" are allowed (further - the Law).

The grades used for crops of hemp (cannabis) shall be transferred to the state sortoispytaniye and are included in the State register according to the Law of the Republic of Kazakhstan "About seed farming".

The original and elite seeds conforming to the established standards according to the Law of the Republic of Kazakhstan "About seed farming" are applied to crops.

Crops of seeds of the second and the subsequent reproductions are not allowed.

4. Cultivation of hemp (cannabis) is performed in the presence of the license according to the Rules of rendering the state services in the sphere of drug trafficking, psychotropic substances and precursors approved by the order of the Minister of Internal Affairs of the Republic of Kazakhstan of March 31, 2020 No. 276 (it is registered in the register of state registration of regulatory legal acts No. 20231).

5. Crops of hemp (cannabis) shall be placed at distance at least 2 (two) kilometers from settlements, highways of general use and crops of other crops with providing protective zone with accurate delimitation of acreage, establishment of barrier with mesh or barbed wire on site perimeter, ensuring the round-the-clock protection and establishment of one entrance / departure.

6. Before use seeds of hemp (cannabis) are subject to obligatory research, confirmatory that the level of content of TGC does not exceed regulation, the stipulated in Item 2 presents of the resolution.

The research of the seeds of hemp (cannabis) ready to crops is conducted prior to field works.

Carrying out research of plants of hemp (cannabis) on content of TGC is obligatory during the vegetative period and is performed in the following terms:

1) during active growth - in 40-45 days after crops;

2) at preharvesting stage - in 90-120 days / before harvesting.

The research of seeds and plants of hemp (cannabis) on content of TGC is conducted by body of judicial examination on contractual basis at the expense of means of the legal entities who are engaged in cultivation of hemp (cannabis) based on the license.

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