Bill Text: IL SB2772 | 2017-2018 | 100th General Assembly | Engrossed

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Bill Title: Amends the Arthritis Prevention, Control, and Cure Act. Makes a technical change in a Section concerning the short title.

Sponsorship: Slight Partisan Bill (Democrat 2-1)

Status: (Failed) 2019-01-09 - Session Sine Die [SB2772 Detail]

Download: Illinois-2017-SB2772-Engrossed.html

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AN ACT concerning health.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Commercial Low THC Hemp Extract Act.
Section 5. Definitions. In this Act:
"Certificate of analysis" means a certificate from an
independent testing laboratory describing the results of the
laboratory's testing of a sample of a product.
"Hemp" means cannabis sativa L. that has no more than 0.3%
total THC available, upon heating, or maximum delta-9 THC
content possible.
"Independent testing laboratory" means a laboratory:
(1) with respect to which no person having a direct or
indirect interest in the laboratory also has a direct or
indirect interest in a facility that:
(A) processes, distributes, or sells low THC hemp
extract or a substantially similar substance;
(B) cultivates, processes, distributes, dispenses,
or sells either medical or recreational cannabis; or
(C) cultivates, processes, or distributes
industrial hemp; and
(2) that has been accredited as a testing laboratory

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according to the standards of the International
Organization for Standardization by a third-party
accrediting body, such as the American Association for
Laboratory Accreditation or the Assured Calibration and
Laboratory Accreditation Select Services.
"Label" means a display of written, printed, or graphic
matter upon the immediate container of any article; and a
requirement made by or under the authority of this Act that any
word, statement, or other information appearing on the label
shall not be considered to be complied with unless the word,
statement, or other information also appears on the outside
container or wrapper, if any, of the retail package of the
article, or is easily legible through the outside container or
wrapper.
"Labeling" means all labels and other written, printed, or
graphic matter upon an article or any of its containers or
wrappers or accompanying the article.
"Low THC hemp extract" means a substance or compound that:
(1) is derived from hemp and is produced by extracting
cannabinoids from the plant through the use of propylene
glycol, glycerin, butter, olive oil, or other typical
cooking fats; water, ice, or dry ice; or butane, propane,
CO2, ethanol, or isopropanol;
(2) contains no more than 0.3% total THC by weight; and
(3) contains no other controlled substances.
"THC" means tetrahydrocannabinol.

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Section 10. Distribution and sale of low THC hemp extract.
(a) A person or commercial enterprise may distribute or
sell low THC hemp extract if the person or commercial
enterprise can produce a certificate of analysis for the
product that shows that it contains no more than 0.3% total THC
by weight.
(b) A person or commercial enterprise may not distribute
low THC hemp extract without having obtained the certificate of
analysis for the product.
(c) Low THC hemp extract must be clearly labeled. The label
must include the following:
(1) a scannable bar code or Quick Response code linked
to a document that contains information with respect to the
manufacture of the low THC hemp extract, including:
(A) the product name;
(B) the batch identification number for the tested
product;
(C) the expiration date, which must be not more
than 2 years from the date of manufacture;
(D) the ingredients used; and
(E) a download link for a certificate of analysis
for the product;
(2) the batch number for the tested product;
(3) a download link for the certificate of analysis for
the batch number;

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(4) the expiration date;
(5) the number of milligrams of low THC hemp extract;
(6) the ingredients used;
(7) the manufacturer of the product; and
(8) the fact that the product contains no more than
0.3% total THC by weight.
(d) Nothing in this Act prevents a person who knowingly
distributes, sells, or uses a hemp extract that contains more
than 0.3% THC or who knowingly sells, distributes, or uses a
misbranded low THC hemp extract product from being prosecuted
under the Cannabis Control Act, the Illinois Controlled
Substances Act, or the Illinois Food, Drug and Cosmetic Act.
(e) Low THC hemp extract shall be considered misbranded if:
(1) it is falsely labeled or offered for sale under the
name of another product; or
(2) any word, statement, or other information required
by or under the authority of this Act to appear on the
label or labeling is not prominently and conspicuously
placed as compared with other words, statements, designs,
or devices in the labeling, and in terms that render it
likely to be read and understood by the ordinary individual
under customary conditions of purchase and use.
(f) Nothing in this Act shall be construed to change
current State laws on the cultivation or production of hemp or
any strain of cannabis.

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Section 90. The Cannabis Control Act is amended by changing
Section 3 as follows:
(720 ILCS 550/3) (from Ch. 56 1/2, par. 703)
Sec. 3. As used in this Act, unless the context otherwise
requires:
(a) "Cannabis" includes marihuana, hashish and other
substances which are identified as including any parts of the
plant Cannabis Sativa, whether growing or not; the seeds
thereof, the resin extracted from any part of such plant; and
any compound, manufacture, salt, derivative, mixture, or
preparation of such plant, its seeds, or resin, including
tetrahydrocannabinol (THC) and all other cannabinol
derivatives, including its naturally occurring or
synthetically produced ingredients, whether produced directly
or indirectly by extraction, or independently by means of
chemical synthesis or by a combination of extraction and
chemical synthesis; but shall not include the mature stalks of
such plant, fiber produced from such stalks, oil or cake made
from the seeds of such plant, any other compound, manufacture,
salt, derivative, mixture, or preparation of such mature stalks
(except the resin extracted therefrom), fiber, oil or cake, or
the sterilized seed of such plant which is incapable of
germination. "Cannabis" does not include low THC hemp extract
as defined in the Commercial Low THC Hemp Extract Act.
(b) "Casual delivery" means the delivery of not more than

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10 grams of any substance containing cannabis without
consideration.
(c) "Department" means the Illinois Department of Human
Services (as successor to the Department of Alcoholism and
Substance Abuse) or its successor agency.
(d) "Deliver" or "delivery" means the actual, constructive
or attempted transfer of possession of cannabis, with or
without consideration, whether or not there is an agency
relationship.
(e) "Department of State Police" means the Department of
State Police of the State of Illinois or its successor agency.
(f) "Director" means the Director of the Department of
State Police or his designated agent.
(g) "Local authorities" means a duly organized State,
county, or municipal peace unit or police force.
(h) "Manufacture" means the production, preparation,
propagation, compounding, conversion or processing of
cannabis, either directly or indirectly, by extraction from
substances of natural origin, or independently by means of
chemical synthesis, or by a combination of extraction and
chemical synthesis, and includes any packaging or repackaging
of cannabis or labeling of its container, except that this term
does not include the preparation, compounding, packaging, or
labeling of cannabis as an incident to lawful research,
teaching, or chemical analysis and not for sale.
(i) "Person" means any individual, corporation, government

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or governmental subdivision or agency, business trust, estate,
trust, partnership or association, or any other entity.
(j) "Produce" or "production" means planting, cultivating,
tending or harvesting.
(k) "State" includes the State of Illinois and any state,
district, commonwealth, territory, insular possession thereof,
and any area subject to the legal authority of the United
States of America.
(l) "Subsequent offense" means an offense under this Act,
the offender of which, prior to his conviction of the offense,
has at any time been convicted under this Act or under any laws
of the United States or of any state relating to cannabis, or
any controlled substance as defined in the Illinois Controlled
Substances Act.
(Source: P.A. 89-507, eff. 7-1-97.)