Bill Text: IL SB2298 | 2017-2018 | 100th General Assembly | Engrossed


Bill Title: Creates the Industrial Hemp Act. Provides that a person desiring to grow, cultivate, or process industrial hemp or industrial hemp 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, including Global Positioning System coordinates, to be used to cultivate industrial hemp. Provides that the Department may determine, by rule, the duration of a license and the requirements for license renewal. 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. Makes conforming changes in the State Finance Act.

Spectrum: Slight Partisan Bill (Democrat 26-10)

Status: (Engrossed) 2018-05-18 - Added Alternate Co-Sponsor Rep. Steven A. Andersson [SB2298 Detail]

Download: Illinois-2017-SB2298-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 or is otherwise lawfully present
14in this State, and includes any intermediate or finished
15product made or derived from industrial hemp.
16 "Land area" means a farm as defined in Section 1-60 of the
17Property Tax Code in this State or land or facilities under the
18control of an institution of higher education.
19 "Person" means any individual, partnership, firm,
20corporation, company, society, association, the State or any
21department, agency, or subdivision thereof, or any other
22entity.
23 "Process" means the conversion of raw industrial hemp plant

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1material into a form that is presently legal to import from
2outside the United States under federal law.
3 "THC" means delta-9 tetrahydrocannabinol.
4 Section 10. Licenses and registration.
5 (a) Under Section 5940 of Title 7 of the United States
6Code, no person shall cultivate industrial hemp in this State
7without a license issued by the Department.
8 (b) The application for a license shall include:
9 (1) the name and address of the applicant;
10 (2) the legal description of the land area, including
11 Global Positioning System coordinates, to be used to
12 cultivate industrial hemp; and
13 (3) if federal law requires a research purpose for the
14 cultivation of industrial hemp, a description of one or
15 more research purposes planned for the cultivation of
16 industrial hemp which may include the study of the growth,
17 cultivation, or marketing of industrial hemp; however, the
18 research purpose requirement shall not be construed to
19 limit the commercial sale of industrial hemp.
20 (b-5) A person shall not process industrial hemp in this
21State without registering with the Department on a form
22prescribed by the Department.
23 (c) The Department may determine, by rule, the duration of
24a license or registration; application, registration, and
25license fees; and the requirements for license or registration

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1renewal.
2 Section 15. Rules.
3 (a) The application and licensing requirements shall be
4determined by the Department and set by rule within 120 days of
5the effective date of this Act.
6 (b) The rules set by the Department shall include one
7yearly inspection of a licensed industrial hemp cultivation
8operation and allow for additional unannounced inspections of a
9licensed industrial hemp cultivation operation at the
10Department's discretion.
11 (c) The Department shall adopt rules necessary for the
12administration and enforcement of this Act, including rules
13concerning standards and criteria for licensure and
14registration, for the payment of applicable fees, signage, and
15for forms required for the administration of this Act.
16 (d) The Department shall adopt rules for the testing of the
17industrial hemp THC levels and the disposal of plant matter
18exceeding lawful THC levels, including an option for a
19cultivator to retest for a minor violation, with the retest
20threshold determined by the Department and set in rule. Those
21rules may provide for the use of seed certified to meet the THC
22levels mandated by this Act as an alternative to testing.
23 Section 17. Administrative hearings. Administrative
24hearings involving licensees under this Act shall be conducted

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1under the Department's rules governing formal administrative
2proceedings.
3 Section 18. Industrial Hemp Regulatory Fund. There is
4created in the State treasury a special fund to be known as the
5Industrial Hemp Regulatory Fund. All fees and fines collected
6by the Department under this Act shall be deposited into the
7Fund. Moneys in the Fund shall be utilized by the Department
8for the purposes of implementation, administration, and
9enforcement of this Act.
10 Section 19. Immunity. A person employed by the Department
11shall not be subject to criminal or civil penalties for taking
12any action under this Act when the actions are within the scope
13of his or her employment. Representation and indemnification of
14Department employees shall be provided to Department employees
15as set forth in Section 2 of the State Employee Indemnification
16Act.
17 Section 20. Hemp products. Nothing in this Act shall alter
18the legality of hemp or hemp products that are presently legal
19to possess or own.
20 Section 25. Violation of federal law. Nothing in this Act
21shall be construed to authorize any person to violate federal
22rules, regulations, or laws. If any part of this Act conflicts

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1with a provision of the federal laws regarding industrial hemp,
2the federal provisions shall control to the extent of the
3conflict.
4 Section 895. The State Finance Act is amended by adding
5Section 5.886 as follows:
6 (30 ILCS 105/5.886 new)
7 Sec. 5.886. The Industrial Hemp Regulatory Fund.
8 Section 900. The Illinois Noxious Weed Law is amended by
9changing Section 2 as follows:
10 (505 ILCS 100/2) (from Ch. 5, par. 952)
11 Sec. 2. As used in this Act:
12 (1) "Person" means any individual, partnership, firm,
13corporation, company, society, association, the State or any
14department, agency, or subdivision thereof, or any other
15entity.
16 (2) "Control", "controlled" or "controlling" includes
17being in charge of or being in possession, whether as owner,
18lessee, renter, or tenant, under statutory authority, or
19otherwise.
20 (3) "Director" means the Director of the Department of
21Agriculture of the State of Illinois, or his or her duly
22appointed 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 Sections 3 and 8 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.)
7 Section 999. Effective date. This Act takes effect upon
8becoming law.
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