Bill Text: IL HB5085 | 2013-2014 | 98th General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Agricultural Areas Conservation and Protection Act. Makes a technical change in a Section concerning the short title.
Spectrum: Slight Partisan Bill (Republican 7-4)
Status: (Passed) 2014-08-26 - Public Act . . . . . . . . . 98-1072 [HB5085 Detail]
Download: Illinois-2013-HB5085-Enrolled.html
Bill Title: Amends the Agricultural Areas Conservation and Protection Act. Makes a technical change in a Section concerning the short title.
Spectrum: Slight Partisan Bill (Republican 7-4)
Status: (Passed) 2014-08-26 - Public Act . . . . . . . . . 98-1072 [HB5085 Detail]
Download: Illinois-2013-HB5085-Enrolled.html
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1 | AN ACT concerning agriculture.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
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4 | Section 5. The Cannabis Control Act is amended by changing | ||||||
5 | Section 8 and adding Section 15.2 as follows:
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6 | (720 ILCS 550/8) (from Ch. 56 1/2, par. 708)
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7 | Sec. 8. It is unlawful for any person knowingly to produce | ||||||
8 | the
cannabis sativa plant or to possess such plants unless | ||||||
9 | production or possession
has been authorized pursuant to the | ||||||
10 | provisions of Section 11 or 15.2 of the Act.
Any person who | ||||||
11 | violates this Section with respect to production or possession | ||||||
12 | of:
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13 | (a) Not more than 5 plants is guilty of a Class A | ||||||
14 | misdemeanor.
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15 | (b) More than 5, but not more than 20 plants, is guilty
of | ||||||
16 | a Class 4 felony.
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17 | (c) More than 20, but not more than 50 plants, is
guilty of | ||||||
18 | a Class 3 felony.
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19 | (d) More than 50, but not more than 200 plants, is guilty | ||||||
20 | of a Class 2 felony for which
a fine not to exceed $100,000 may | ||||||
21 | be imposed and for which liability for
the cost of conducting | ||||||
22 | the investigation and eradicating such plants may be
assessed. | ||||||
23 | Compensation for expenses incurred in the enforcement of this
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1 | provision shall be transmitted to and deposited in the | ||||||
2 | treasurer's office
at the level of government represented by | ||||||
3 | the Illinois law enforcement
agency whose officers or employees | ||||||
4 | conducted the investigation or caused
the arrest or arrests | ||||||
5 | leading to the prosecution, to be subsequently made
available | ||||||
6 | to that law enforcement agency as expendable receipts for use | ||||||
7 | in
the enforcement of laws regulating controlled substances and | ||||||
8 | cannabis. If
such seizure was made by a combination of law | ||||||
9 | enforcement personnel
representing different levels of | ||||||
10 | government, the court levying the
assessment shall determine | ||||||
11 | the allocation of such assessment. The proceeds
of assessment | ||||||
12 | awarded to the State treasury shall be deposited in a special
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13 | fund known as the Drug Traffic Prevention Fund. | ||||||
14 | (e) More than 200 plants is guilty of a Class 1 felony for | ||||||
15 | which
a fine not to exceed $100,000 may be imposed and for | ||||||
16 | which liability for
the cost of conducting the investigation | ||||||
17 | and eradicating such plants may be
assessed. Compensation for | ||||||
18 | expenses incurred in the enforcement of this
provision shall be | ||||||
19 | transmitted to and deposited in the treasurer's office
at the | ||||||
20 | level of government represented by the Illinois law enforcement
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21 | agency whose officers or employees conducted the investigation | ||||||
22 | or caused
the arrest or arrests leading to the prosecution, to | ||||||
23 | be subsequently made
available to that law enforcement agency | ||||||
24 | as expendable receipts for use in
the enforcement of laws | ||||||
25 | regulating controlled substances and cannabis. If
such seizure | ||||||
26 | was made by a combination of law enforcement personnel
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1 | representing different levels of government, the court levying | ||||||
2 | the
assessment shall determine the allocation of such | ||||||
3 | assessment. The proceeds
of assessment awarded to the State | ||||||
4 | treasury shall be deposited in a special
fund known as the Drug | ||||||
5 | Traffic Prevention Fund.
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6 | (Source: P.A. 95-247, eff. 1-1-08.)
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7 | (720 ILCS 550/15.2 new) | ||||||
8 | Sec. 15.2. Industrial hemp pilot program. | ||||||
9 | (a) Pursuant to Section 7606 the federal Agricultural Act | ||||||
10 | of 2014, an institution of higher education or the Department | ||||||
11 | of Agriculture may grow or cultivate industrial hemp if: | ||||||
12 | (1) the industrial hemp is grown or cultivated for | ||||||
13 | purposes of research conducted under an agricultural pilot | ||||||
14 | program or other agricultural or academic research; | ||||||
15 | (2) the pilot program studies the growth, cultivation, | ||||||
16 | or marketing of industrial hemp; and | ||||||
17 | (3) any site used for the growing or cultivating of | ||||||
18 | industrial hemp is certified by, and registered with, the | ||||||
19 | Department of Agriculture. | ||||||
20 | (b) Before conducting industrial hemp research, an | ||||||
21 | institution of higher education shall notify the Department of | ||||||
22 | Agriculture and any local law enforcement agency in writing. | ||||||
23 | (c) The institution of higher education shall provide | ||||||
24 | quarterly reports and an annual report to the
Department of | ||||||
25 | Agriculture on the research and the research program shall be |
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1 | subject to random inspection by the Department of Agriculture, | ||||||
2 | the Department of State Police, or local law enforcement | ||||||
3 | agencies. The institution of higher education shall submit the | ||||||
4 | annual report to the Department of Agriculture on or before | ||||||
5 | October 1. | ||||||
6 | (d) The Department of Agriculture may adopt rules to | ||||||
7 | implement this Section. In order to provide for the expeditious | ||||||
8 | and timely implementation of this Section, upon notification by | ||||||
9 | an institution of higher education that the institution wishes | ||||||
10 | to engage in the growth or cultivation of industrial hemp for | ||||||
11 | agricultural research purposes, the Department of Agriculture | ||||||
12 | may adopt emergency rules under Section 5-45 of the Illinois | ||||||
13 | Administrative Procedure Act to implement the provisions of | ||||||
14 | this Section. If changes to the rules are required to comply | ||||||
15 | with federal rules, the Department of Agriculture may adopt | ||||||
16 | peremptory rules as necessary to comply with changes to | ||||||
17 | corresponding federal rules. All other rules that the | ||||||
18 | Department of Agriculture deems necessary to adopt in | ||||||
19 | connection with this Section must proceed through the ordinary | ||||||
20 | rule-making process. The adoption of emergency rules | ||||||
21 | authorized by this Section shall be deemed to be necessary for | ||||||
22 | the public interest, safety, and welfare. | ||||||
23 | The Department of Agriculture may determine, by rule, the | ||||||
24 | duration of an institution of higher education's pilot program | ||||||
25 | or industrial hemp research. If the institution of higher | ||||||
26 | education has not completed its program within the timeframe |
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1 | established by rule, then the Department of Agriculture may | ||||||
2 | grant an extension to the pilot program if unanticipated | ||||||
3 | circumstances arose that impacted the program. | ||||||
4 | (e) As used in this Section: | ||||||
5 | "Industrial hemp" means cannabis sativa L. having no | ||||||
6 | more than 0.3% total THC available, upon heating, or | ||||||
7 | maximum delta-9 tetrahydrocannabinol content possible. | ||||||
8 | "Institution of higher education" means a State | ||||||
9 | institution of higher education that offers a 4-year degree | ||||||
10 | in agricultural science.
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