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


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 11-4)

Status: (Engrossed) 2017-05-31 - Final Action Deadline Extended-9(b) June 30, 2017 [SB1294 Detail]

Download: Illinois-2017-SB1294-Engrossed.html



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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 the plant Cannabis sativa L. and
10any part of that plant, whether growing or not, with a delta-9
11tetrahydrocannabinol concentration of not more than 0.3
12percent on a dry weight basis that has been cultivated under a
13license issued under this Act.
14 Section 10. Licenses.
15 (a) A person desiring to cultivate industrial hemp shall be
16licensed by the Department.
17 (b) The application for a license shall include the name
18and address of the applicant and the legal description of the
19land area, including Global Positioning System coordinates, to
20be used to cultivate industrial hemp.
21 (c) The Department may determine, by rule, the duration of
22a license and the requirements for license renewal.

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1 Section 15. Rules.
2 (a) The application and licensing requirements shall be
3determined by the Department and set by rule within 240 days of
4the effective date of this Act.
5 (b) The rules set by the Department shall include one
6yearly inspection and one yearly surprise inspection of a
7licensed industrial hemp cultivation operation.
8 (c) The Department shall adopt rules necessary for the
9administration and enforcement of this Act, including rules
10concerning standards and criteria for licensure, for the
11payment of applicable fees, signage, and for forms required for
12the administration of this Act.
13 Section 17. Administrative hearings. Administrative
14hearings involving licensees under the Act shall be conducted
15under the Department of Agriculture's rules governing formal
16administrative proceedings.
17 Section 18. Industrial Hemp Regulatory Fund. There is
18created in the State treasury a special fund to be known as the
19Industrial Hemp Regulatory Fund. All fees and fines collected
20by the Department under this Act shall be deposited into the
21Fund. Monies in the Fund shall be utilized by the Department
22for the purposes of implementation, administration, and
23enforcement of this Act.

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1 Section 19. Immunity. A person employed by the Department
2shall not be subject to criminal or civil penalties for taking
3any action under this Act when the actions are within the scope
4of his or her employment. Representation and indemnification of
5Department employees shall be provided to Department employees
6as set forth in Section 2 of the State Employee Indemnification
7Act.
8 Section 20. Hemp products. Nothing in this Act shall alter
9the legality of hemp or hemp products that are presently legal
10to possess or own. To the extent that the Compassionate Use of
11Medical Cannabis Pilot Program Act, and its rules, regulate
12products marketed as CBD medicinal products, that Act and its
13rules control the production and sale of those products.
14 Section 25. Violation of federal law. Nothing in this Act
15shall be construed to authorize any person to violate federal
16rules, regulations, or laws. If any part of this Act conflicts
17with a provision of the federal laws regarding industrial hemp,
18the federal provisions shall control to the extent of the
19conflict.
20 Section 30. Home rule. The regulation and licensing of
21persons to grow, cultivate, process, possess, sell, or purchase
22industrial hemp or industrial hemp related products are

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1exclusive powers and functions of the State. These powers and
2functions shall not be exercised concurrently, either directly
3or indirectly, by any unit of local government, including home
4rule units, except as otherwise provided in this Act. This
5Section is a limitation of home rule powers and functions under
6subsection (h) of Section 6 of Article VII of the Illinois
7Constitution.
8 Section 895. The State Finance Act is amended by adding
9Section 5.878 as follows:
10 (30 ILCS 105/5.878 new)
11 Sec. 5.878. The Industrial Hemp Regulatory Fund.
12 Section 900. The Illinois Noxious Weed Law is amended by
13changing Section 2 as follows:
14 (505 ILCS 100/2) (from Ch. 5, par. 952)
15 Sec. 2. As used in this Act:
16 (1) "Person" means any individual, partnership, firm,
17corporation, company, society, association, the State or any
18department, agency, or subdivision thereof, or any other
19entity.
20 (2) "Control", "controlled" or "controlling" includes
21being in charge of or being in possession, whether as owner,
22lessee, renter, or tenant, under statutory authority, or

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

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1requires:
2 (a) "Cannabis" includes marihuana, hashish and other
3substances which are identified as including any parts of the
4plant Cannabis Sativa, whether growing or not; the seeds
5thereof, the resin extracted from any part of such plant; and
6any compound, manufacture, salt, derivative, mixture, or
7preparation of such plant, its seeds, or resin, including
8tetrahydrocannabinol (THC) and all other cannabinol
9derivatives, including its naturally occurring or
10synthetically produced ingredients, whether produced directly
11or indirectly by extraction, or independently by means of
12chemical synthesis or by a combination of extraction and
13chemical synthesis; but shall not include the mature stalks of
14such plant, fiber produced from such stalks, oil or cake made
15from the seeds of such plant, any other compound, manufacture,
16salt, derivative, mixture, or preparation of such mature stalks
17(except the resin extracted therefrom), fiber, oil or cake, or
18the sterilized seed of such plant which is incapable of
19germination. "Cannabis" does not include industrial hemp as
20defined and authorized under the Industrial Hemp Act.
21 (b) "Casual delivery" means the delivery of not more than
2210 grams of any substance containing cannabis without
23consideration.
24 (c) "Department" means the Illinois Department of Human
25Services (as successor to the Department of Alcoholism and
26Substance Abuse) or its successor agency.

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1 (d) "Deliver" or "delivery" means the actual, constructive
2or attempted transfer of possession of cannabis, with or
3without consideration, whether or not there is an agency
4relationship.
5 (e) "Department of State Police" means the Department of
6State Police of the State of Illinois or its successor agency.
7 (f) "Director" means the Director of the Department of
8State Police or his designated agent.
9 (g) "Local authorities" means a duly organized State,
10county, or municipal peace unit or police force.
11 (h) "Manufacture" means the production, preparation,
12propagation, compounding, conversion or processing of
13cannabis, either directly or indirectly, by extraction from
14substances of natural origin, or independently by means of
15chemical synthesis, or by a combination of extraction and
16chemical synthesis, and includes any packaging or repackaging
17of cannabis or labeling of its container, except that this term
18does not include the preparation, compounding, packaging, or
19labeling of cannabis as an incident to lawful research,
20teaching, or chemical analysis and not for sale.
21 (i) "Person" means any individual, corporation, government
22or governmental subdivision or agency, business trust, estate,
23trust, partnership or association, or any other entity.
24 (j) "Produce" or "production" means planting, cultivating,
25tending or harvesting.
26 (k) "State" includes the State of Illinois and any state,

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1district, commonwealth, territory, insular possession thereof,
2and any area subject to the legal authority of the United
3States of America.
4 (l) "Subsequent offense" means an offense under this Act,
5the offender of which, prior to his conviction of the offense,
6has at any time been convicted under this Act or under any laws
7of the United States or of any state relating to cannabis, or
8any controlled substance as defined in the Illinois Controlled
9Substances Act.
10(Source: P.A. 89-507, eff. 7-1-97.)
11 (720 ILCS 550/8) (from Ch. 56 1/2, par. 708)
12 Sec. 8. It is unlawful for any person knowingly to produce
13the cannabis sativa plant or to possess such plants unless
14production or possession has been authorized pursuant to the
15provisions of Section 11 or 15.2 of the Act. Any person who
16violates this Section with respect to production or possession
17of:
18 (a) Not more than 5 plants is guilty of a Class A
19misdemeanor.
20 (b) More than 5, but not more than 20 plants, is guilty of
21a Class 4 felony.
22 (c) More than 20, but not more than 50 plants, is guilty of
23a Class 3 felony.
24 (d) More than 50, but not more than 200 plants, is guilty
25of a Class 2 felony for which a fine not to exceed $100,000 may

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1be imposed and for which liability for the cost of conducting
2the investigation and eradicating such plants may be assessed.
3Compensation for expenses incurred in the enforcement of this
4provision shall be transmitted to and deposited in the
5treasurer's office at the level of government represented by
6the Illinois law enforcement agency whose officers or employees
7conducted the investigation or caused the arrest or arrests
8leading to the prosecution, to be subsequently made available
9to that law enforcement agency as expendable receipts for use
10in the enforcement of laws regulating controlled substances and
11cannabis. If such seizure was made by a combination of law
12enforcement personnel representing different levels of
13government, the court levying the assessment shall determine
14the allocation of such assessment. The proceeds of assessment
15awarded to the State treasury shall be deposited in a special
16fund known as the Drug Traffic Prevention Fund.
17 (e) More than 200 plants is guilty of a Class 1 felony for
18which a fine not to exceed $100,000 may be imposed and for
19which liability for the cost of conducting the investigation
20and eradicating such plants may be assessed. Compensation for
21expenses incurred in the enforcement of this provision shall be
22transmitted to and deposited in the treasurer's office at the
23level of government represented by the Illinois law enforcement
24agency whose officers or employees conducted the investigation
25or caused the arrest or arrests leading to the prosecution, to
26be subsequently made available to that law enforcement agency

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1as expendable receipts for use in the enforcement of laws
2regulating controlled substances and cannabis. If such seizure
3was made by a combination of law enforcement personnel
4representing different levels of government, the court levying
5the assessment shall determine the allocation of such
6assessment. The proceeds of assessment awarded to the State
7treasury shall be deposited in a special fund known as the Drug
8Traffic Prevention Fund.
9(Source: P.A. 98-1072, eff. 1-1-15.)
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