Bill Text: IL SB1294 | 2017-2018 | 100th General Assembly | Introduced


Bill Title: Creates the Industrial Hemp Act. Provides that any person desiring to grow, process, cultivate, harvest, process, possess, sell, or purchase industrial hemp or industrial hemp related products must be licensed by the Department of Agriculture. Provides that the application for a license shall include the name and address of the applicant and the legal description of the land area to be used to grow or process industrial hemp and that the license shall be valid for a period of 5 years. Preempts home rule powers. Amends the Illinois Noxious Weed Law. Provides that "noxious weed" does not include industrial hemp. Amends the Cannabis Control Act. Provides that "cannabis" does not include industrial hemp.

Spectrum: Slight Partisan Bill (Democrat 5-2)

Status: (Introduced) 2017-04-28 - Rule 2-10 Third Reading Deadline Established As May 31, 2017 [SB1294 Detail]

Download: Illinois-2017-SB1294-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB1294

Introduced 2/9/2017, by Sen. Toi W. Hutchinson

SYNOPSIS AS INTRODUCED:
New Act
505 ILCS 100/2 from Ch. 5, par. 952
720 ILCS 550/3 from Ch. 56 1/2, par. 703

Creates the Industrial Hemp Act. Provides that any person desiring to grow, process, cultivate, harvest, process, possess, sell, or purchase industrial hemp or industrial hemp related products must be licensed by the Department of Agriculture. Provides that the application for a license shall include the name and address of the applicant and the legal description of the land area to be used to grow or process industrial hemp and that the license shall be valid for a period of 5 years. Preempts home rule powers. Amends the Illinois Noxious Weed Law. Provides that "noxious weed" does not include industrial hemp. Amends the Cannabis Control Act. Provides that "cannabis" does not include industrial hemp.
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FISCAL NOTE ACT MAY APPLY
HOME RULE NOTE ACT MAY APPLY

A BILL FOR

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1 AN ACT concerning agriculture.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the
5Industrial Hemp Act.
6 Section 5. Definitions. In this Act:
7 "Department" means the Department of Agriculture.
8 "Director" means the Director of Agriculture.
9 "Industrial hemp" means fibers, seeds, and roots
10cultivated from plants of the cannabis genus with a THC
11(tetrahydrocannabinol) content of 1% or lower.
12 Section 10. Licenses.
13 (a) Any person desiring to grow, process, cultivate,
14harvest, process, possess, sell, or purchase industrial hemp or
15industrial hemp related products must be licensed by the
16Department.
17 (b) The application for a license shall include the name
18and address of the applicant and the legal description of the
19land area to be used to grow or process industrial hemp.
20 (c) If the applicant completes the application process to
21the satisfaction of the Department, then the Department shall
22issue the license, which shall be valid for a period of 5

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1years.
2 Section 15. Rules.
3 (a) The application and licensing requirements shall be
4determined by the Department and set by rule within 180 days of
5this Act becoming law.
6 (b) The rules set by the Department shall include one
7yearly inspection and one yearly surprise inspection of a
8licensed industrial hemp cultivation operation.
9 (c) The Department shall adopt rules necessary for the
10administration and enforcement of this Act, including rules
11concerning standards and criteria for licensure, for the
12payment of applicable fees, signage, and for forms required for
13the administration of this Act.
14 Section 20. Hemp products. Nothing in this Act shall alter
15the legality of hemp or hemp products that are presently legal
16to possess or own.
17 Section 25. Violation of federal law. Nothing in this Act
18shall be construed to authorize any person to violate federal
19rules, regulations, or laws. If any part of this Act conflicts
20with a provision of the federal laws regarding industrial hemp,
21the federal provisions shall control to the extent of the
22conflict.

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1 Section 30. Home rule. It is declared to be the public
2policy of this State, under subsection (h) of Section 6 of
3Article VII of the Illinois Constitution of 1970, that any
4power or function set forth in this Act to be exercised by the
5State is an exclusive State power or function. The power or
6function shall not be exercised concurrently, either directly
7or indirectly, by any unit of local government, including home
8rule units, except as otherwise provided in this Act. This is a
9limitation of home rule powers.
10 Section 900. The Illinois Noxious Weed Law is amended by
11changing Section 2 as follows:
12 (505 ILCS 100/2) (from Ch. 5, par. 952)
13 Sec. 2. As used in this Act:
14 (1) "Person" means any individual, partnership, firm,
15corporation, company, society, association, the State or any
16department, agency, or subdivision thereof, or any other
17entity.
18 (2) "Control", "controlled" or "controlling" includes
19being in charge of or being in possession, whether as owner,
20lessee, renter, or tenant, under statutory authority, or
21otherwise.
22 (3) "Director" means the Director of the Department of
23Agriculture of the State of Illinois, or his or her duly
24appointed representative.

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1 (4) "Department" means the Department of Agriculture of the
2State of Illinois.
3 (5) "Noxious weed" means any plant which is determined by
4the Director, the Dean of the College of Agricultural, Consumer
5and Environmental Sciences of the University of Illinois and
6the Director of the Agricultural Experiment Station at the
7University of Illinois, to be injurious to public health,
8crops, livestock, land or other property. "Noxious weed" does
9not include industrial hemp as defined and authorized under the
10Industrial Hemp Act.
11 (6) "Control Authority" means the governing body of each
12county, and shall represent all rural areas and cities,
13villages and townships within the county boundaries.
14 (7) "Applicable fund" means the fund current at the time
15the work is performed or the money is received.
16(Source: P.A. 99-539, eff. 7-8-16.)
17 Section 905. The Cannabis Control Act is amended by
18changing Section 3 as follows:
19 (720 ILCS 550/3) (from Ch. 56 1/2, par. 703)
20 Sec. 3. As used in this Act, unless the context otherwise
21requires:
22 (a) "Cannabis" includes marihuana, hashish and other
23substances which are identified as including any parts of the
24plant Cannabis Sativa, whether growing or not; the seeds

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1thereof, the resin extracted from any part of such plant; and
2any compound, manufacture, salt, derivative, mixture, or
3preparation of such plant, its seeds, or resin, including
4tetrahydrocannabinol (THC) and all other cannabinol
5derivatives, including its naturally occurring or
6synthetically produced ingredients, whether produced directly
7or indirectly by extraction, or independently by means of
8chemical synthesis or by a combination of extraction and
9chemical synthesis; but shall not include the mature stalks of
10such plant, fiber produced from such stalks, oil or cake made
11from the seeds of such plant, any other compound, manufacture,
12salt, derivative, mixture, or preparation of such mature stalks
13(except the resin extracted therefrom), fiber, oil or cake, or
14the sterilized seed of such plant which is incapable of
15germination. "Cannabis" does not include industrial hemp as
16defined and authorized under the Industrial Hemp Act.
17 (b) "Casual delivery" means the delivery of not more than
1810 grams of any substance containing cannabis without
19consideration.
20 (c) "Department" means the Illinois Department of Human
21Services (as successor to the Department of Alcoholism and
22Substance Abuse) or its successor agency.
23 (d) "Deliver" or "delivery" means the actual, constructive
24or attempted transfer of possession of cannabis, with or
25without consideration, whether or not there is an agency
26relationship.

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1 (e) "Department of State Police" means the Department of
2State Police of the State of Illinois or its successor agency.
3 (f) "Director" means the Director of the Department of
4State Police or his designated agent.
5 (g) "Local authorities" means a duly organized State,
6county, or municipal peace unit or police force.
7 (h) "Manufacture" means the production, preparation,
8propagation, compounding, conversion or processing of
9cannabis, either directly or indirectly, by extraction from
10substances of natural origin, or independently by means of
11chemical synthesis, or by a combination of extraction and
12chemical synthesis, and includes any packaging or repackaging
13of cannabis or labeling of its container, except that this term
14does not include the preparation, compounding, packaging, or
15labeling of cannabis as an incident to lawful research,
16teaching, or chemical analysis and not for sale.
17 (i) "Person" means any individual, corporation, government
18or governmental subdivision or agency, business trust, estate,
19trust, partnership or association, or any other entity.
20 (j) "Produce" or "production" means planting, cultivating,
21tending or harvesting.
22 (k) "State" includes the State of Illinois and any state,
23district, commonwealth, territory, insular possession thereof,
24and any area subject to the legal authority of the United
25States of America.
26 (l) "Subsequent offense" means an offense under this Act,

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1the offender of which, prior to his conviction of the offense,
2has at any time been convicted under this Act or under any laws
3of the United States or of any state relating to cannabis, or
4any controlled substance as defined in the Illinois Controlled
5Substances Act.
6(Source: P.A. 89-507, eff. 7-1-97.)
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