Bill Text: IL HB5085 | 2013-2014 | 98th General Assembly | Amended
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-Amended.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-Amended.html
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1 | AMENDMENT TO HOUSE BILL 5085
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2 | AMENDMENT NO. ______. Amend House Bill 5085 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 1. Short title. This Act may be cited as the | ||||||
5 | Industrial Hemp Research and Production Act.
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6 | Section 5. Definitions.
As used in this Act:
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7 | "Department" means the Illinois Department of Agriculture.
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8 | "Director" means the Director of Agriculture.
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9 | "Fund" means the Industrial Hemp Production Oversight | ||||||
10 | Fund.
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11 | "Industrial hemp" means cannabis sativa L. having no more | ||||||
12 | than three-tenths of 1% Delta-9-tetrahydrocannabinol.
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13 | Section 10. Industrial hemp license.
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14 | (a) Any person growing or processing industrial hemp for | ||||||
15 | commercial purposes or research shall apply to the Department |
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1 | for a license on a form prescribed by the Department. The | ||||||
2 | application for a license shall include the name and address of | ||||||
3 | the applicant and the legal description of the land area to be | ||||||
4 | used to produce or process industrial hemp. Except for | ||||||
5 | employees of the Department and employees of state universities | ||||||
6 | involved in research-related activities, the Director shall | ||||||
7 | require each applicant for initial licensure to submit to State | ||||||
8 | and national criminal history records check. An applicant for a | ||||||
9 | second or subsequent license shall submit to an additional | ||||||
10 | State and national criminal history records check if the last | ||||||
11 | submission of a records check was 5 or more years earlier. The | ||||||
12 | criminal history records check shall be conducted by the | ||||||
13 | Department of State Police. The Department of State Police | ||||||
14 | shall not charge a fee for conducting the criminal history | ||||||
15 | records check greater than the actual cost of the records | ||||||
16 | check.
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17 | (b) All costs associated with the criminal history records | ||||||
18 | check shall be paid by the applicant. Criminal history records | ||||||
19 | provided to the Director under this Act shall be held | ||||||
20 | confidential. The Director may use the records only in | ||||||
21 | determining an applicant's eligibility for licensure. Any | ||||||
22 | person with a prior conviction of the Illinois Controlled | ||||||
23 | Substances Act, the Methamphetamine Control and Community | ||||||
24 | Protection Act, or the Cannabis Control Act shall be ineligible | ||||||
25 | for licensure.
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26 | (c) If the applicant has completed the application process |
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1 | to the satisfaction of the Director, including submitting a | ||||||
2 | $100 nonrefundable application fee and the fee for the criminal | ||||||
3 | history records check, the Director shall issue the license, | ||||||
4 | which shall be valid for a period of one year. Any person | ||||||
5 | licensed under this Act shall be presumed to be growing or | ||||||
6 | processing industrial hemp for commercial purposes or | ||||||
7 | research.
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8 | (d) A license under this Act shall not be conditioned on or | ||||||
9 | subject to review or approval by the United States Drug | ||||||
10 | Enforcement Agency. This subsection (d) does not apply to any | ||||||
11 | person licensed by the United States Drug Enforcement Agency to | ||||||
12 | conduct research.
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13 | (e) Each licensee shall file with the Department | ||||||
14 | documentation indicating that the seeds planted were a type and | ||||||
15 | variety certified to have no more than three-tenths of 1% | ||||||
16 | tetrahydrocannabinol and a copy of any contract to grow | ||||||
17 | industrial hemp. Each licensee shall notify the Department of | ||||||
18 | the sale or distribution of any industrial hemp grown by the | ||||||
19 | licensee and the names of the persons to whom the hemp was sold | ||||||
20 | or distributed.
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21 | (f) Except as provided in this Section, persons without a | ||||||
22 | license issued under this Section may not plant, grow, or | ||||||
23 | process raw industrial hemp.
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24 | (g) The Department shall adopt rules establishing | ||||||
25 | procedures for revocation of licenses and fines for violation | ||||||
26 | of this Act.
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1 | Section 15. Rules and fees. The Department shall adopt | ||||||
2 | rules to allow industrial hemp to be tested during growth for | ||||||
3 | Delta-9-tetrahydrocannabinol (Delta-9-THC) levels and to allow | ||||||
4 | for supervision during the growing, harvesting, and processing | ||||||
5 | of industrial hemp. To provide sufficient funds to pay costs | ||||||
6 | associated with monitoring and testing industrial hemp in this | ||||||
7 | State, the Department shall assess each applicant a fee of $5 | ||||||
8 | per acre of industrial hemp grown or $150, whichever is | ||||||
9 | greater. The funds collected from this fee shall be deposited | ||||||
10 | into the Industrial Hemp Production Oversight Fund.
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11 | Section 20. The Industrial Hemp Production Oversight Fund. | ||||||
12 | The Industrial Hemp Production Oversight Fund is hereby created | ||||||
13 | as a special fund in the State treasury. All fines and license, | ||||||
14 | monitoring, and testing fees assessed under this Act shall be | ||||||
15 | deposited into the Fund. The Fund may receive gifts, grants, | ||||||
16 | and federal and State appropriations. The fund shall be used by | ||||||
17 | the Department for costs associated with the implementation of | ||||||
18 | this Act.
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19 | Section 900. The State Finance Act is amended by adding | ||||||
20 | Section 5.855 as follows:
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21 | (30 ILCS 105/5.855 new) | ||||||
22 | Sec. 5.855. The Industrial Hemp Production Oversight Fund.
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1 | Section 905. The Illinois Noxious Weed Law is amended by | ||||||
2 | changing Section 2 as follows:
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3 | (505 ILCS 100/2) (from Ch. 5, par. 952)
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4 | Sec. 2. As used in this Act: (1) "Person" means any | ||||||
5 | individual, partnership,
firm, corporation, company, society, | ||||||
6 | association, the State or any
department, agency, or | ||||||
7 | subdivision thereof, or any other entity.
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8 | (2) "Control", "controlled" or "controlling" includes | ||||||
9 | being in
charge of or being in possession, whether as owner, | ||||||
10 | lessee, renter, or
tenant, under statutory authority, or | ||||||
11 | otherwise.
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12 | (3) "Director" means the Director of the Department of | ||||||
13 | Agriculture
of the State of Illinois, or his duly appointed | ||||||
14 | representative.
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15 | (4) "Department" means the Department of Agriculture of the | ||||||
16 | State of
Illinois.
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17 | (5) "Noxious weed" means any plant which is determined by | ||||||
18 | the
Director, the Dean of the College of Agriculture of the | ||||||
19 | University of
Illinois and the Director of the Agricultural | ||||||
20 | Experiment Station at the
University of Illinois, to be | ||||||
21 | injurious to public health, crops,
livestock, land or other | ||||||
22 | property. "Noxious weed" does not include industrial hemp as | ||||||
23 | defined and authorized under the Industrial Hemp Research and | ||||||
24 | Production Act.
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1 | (6) "Control Authority" means the governing body of each | ||||||
2 | county, and
shall represent all rural areas and cities, | ||||||
3 | villages and townships
within the county boundaries.
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4 | (7) "Applicable fund" means the fund current at the time | ||||||
5 | the work is
performed or the money is received.
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6 | (Source: P.A. 77-1037.)
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7 | Section 910. The Cannabis Control Act is amended by | ||||||
8 | changing Section 3 as follows:
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9 | (720 ILCS 550/3) (from Ch. 56 1/2, par. 703)
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10 | Sec. 3. As used in this Act, unless the context otherwise | ||||||
11 | requires:
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12 | (a) "Cannabis" includes marihuana, hashish and other | ||||||
13 | substances which
are identified as including any parts of the | ||||||
14 | plant Cannabis Sativa, whether
growing or not; the seeds | ||||||
15 | thereof, the resin extracted from any part of
such plant; and | ||||||
16 | any compound, manufacture, salt, derivative, mixture, or
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17 | preparation of such plant, its seeds, or resin, including | ||||||
18 | tetrahydrocannabinol
(THC) and all other cannabinol | ||||||
19 | derivatives, including its naturally occurring
or | ||||||
20 | synthetically produced ingredients, whether produced directly | ||||||
21 | or indirectly
by extraction, or independently by means of | ||||||
22 | chemical synthesis or by a
combination
of extraction and | ||||||
23 | chemical synthesis; but shall not include the mature stalks
of | ||||||
24 | such plant, fiber produced from such stalks, oil or cake made |
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1 | from the
seeds of such plant, any other compound, manufacture, | ||||||
2 | salt, derivative,
mixture, or preparation of such mature stalks | ||||||
3 | (except the resin extracted
therefrom), fiber, oil or cake, or | ||||||
4 | the sterilized seed of such plant which
is incapable of | ||||||
5 | germination. "Cannabis" does not include industrial hemp as | ||||||
6 | defined and authorized under the Industrial Hemp Research and | ||||||
7 | Production Act.
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8 | (b) "Casual delivery" means the delivery of not more than | ||||||
9 | 10 grams of
any substance containing cannabis without | ||||||
10 | consideration.
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11 | (c) "Department" means the Illinois Department of Human | ||||||
12 | Services (as
successor to the Department of Alcoholism and | ||||||
13 | Substance Abuse) or its successor agency.
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14 | (d) "Deliver" or "delivery" means the actual, constructive | ||||||
15 | or attempted
transfer of possession of cannabis, with or | ||||||
16 | without consideration, whether
or not there is an agency | ||||||
17 | relationship.
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18 | (e) "Department of State Police" means the Department
of | ||||||
19 | State Police of the State of Illinois or its successor agency.
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20 | (f) "Director" means the Director of the Department of | ||||||
21 | State Police
or his designated agent.
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22 | (g) "Local authorities" means a duly organized State, | ||||||
23 | county, or municipal
peace unit or police force.
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24 | (h) "Manufacture" means the production, preparation, | ||||||
25 | propagation,
compounding,
conversion or processing of | ||||||
26 | cannabis, either directly or indirectly, by
extraction from |
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1 | substances of natural origin, or independently by means
of | ||||||
2 | chemical synthesis, or by a combination of extraction and | ||||||
3 | chemical
synthesis,
and includes any packaging or repackaging | ||||||
4 | of cannabis or labeling of its
container, except that this term | ||||||
5 | does not include the preparation, compounding,
packaging, or | ||||||
6 | labeling of cannabis as an incident to lawful research, | ||||||
7 | teaching,
or chemical analysis and not for sale.
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8 | (i) "Person" means any individual, corporation, government | ||||||
9 | or governmental
subdivision or agency, business trust, estate, | ||||||
10 | trust, partnership or association,
or any other entity.
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11 | (j) "Produce" or "production" means planting, cultivating, | ||||||
12 | tending or harvesting.
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13 | (k) "State" includes the State of Illinois and any state, | ||||||
14 | district, commonwealth,
territory, insular possession thereof, | ||||||
15 | and any area subject to the legal
authority of the United | ||||||
16 | States of America.
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17 | (l) "Subsequent offense" means an offense under this Act, | ||||||
18 | the offender
of which, prior to his conviction of the offense, | ||||||
19 | has at any time been convicted
under this Act or under any laws | ||||||
20 | of the United States or of any state relating
to cannabis, or | ||||||
21 | any controlled substance as defined in the Illinois Controlled
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22 | Substances Act.
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23 | (Source: P.A. 89-507, eff. 7-1-97 .)
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24 | Section 999. Effective date. This Act takes effect upon | ||||||
25 | becoming law.".
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