Bill Text: IL SB2772 | 2017-2018 | 100th General Assembly | Engrossed
Bill Title: Amends the Arthritis Prevention, Control, and Cure Act. Makes a technical change in a Section concerning the short title.
Spectrum: 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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1 | AN ACT concerning health.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. Short title. This Act may be cited as the | ||||||
5 | Commercial Low THC Hemp Extract Act.
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6 | Section 5. Definitions. In this Act: | ||||||
7 | "Certificate of analysis" means a certificate from an | ||||||
8 | independent testing laboratory describing the results of the | ||||||
9 | laboratory's testing of a sample of a product. | ||||||
10 | "Hemp" means cannabis sativa L. that has no more than 0.3% | ||||||
11 | total THC available, upon heating, or maximum delta-9 THC | ||||||
12 | content possible. | ||||||
13 | "Independent testing laboratory" means a laboratory: | ||||||
14 | (1) with respect to which no person having a direct or | ||||||
15 | indirect interest in the laboratory also has a direct or | ||||||
16 | indirect interest in a facility that: | ||||||
17 | (A) processes, distributes, or sells low THC hemp | ||||||
18 | extract or a substantially similar substance; | ||||||
19 | (B) cultivates, processes, distributes, dispenses, | ||||||
20 | or sells either medical or recreational cannabis; or | ||||||
21 | (C) cultivates, processes, or distributes | ||||||
22 | industrial hemp; and | ||||||
23 | (2) that has been accredited as a testing laboratory |
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1 | according to the standards of the International | ||||||
2 | Organization for Standardization by a third-party | ||||||
3 | accrediting body, such as the American Association for | ||||||
4 | Laboratory Accreditation or the Assured Calibration and | ||||||
5 | Laboratory Accreditation Select Services. | ||||||
6 | "Label" means a display of written, printed, or graphic | ||||||
7 | matter upon the immediate container of any article; and a | ||||||
8 | requirement made by or under the authority of this Act that any | ||||||
9 | word, statement, or other information appearing on the label | ||||||
10 | shall not be considered to be complied with unless the word, | ||||||
11 | statement, or other information also appears on the outside | ||||||
12 | container or wrapper, if any, of the retail package of the | ||||||
13 | article, or is easily legible through the outside container or | ||||||
14 | wrapper. | ||||||
15 | "Labeling" means all labels and other written, printed, or | ||||||
16 | graphic matter upon an article or any of its containers or | ||||||
17 | wrappers or accompanying the article. | ||||||
18 | "Low THC hemp extract" means a substance or compound that: | ||||||
19 | (1) is derived from hemp and is produced by extracting | ||||||
20 | cannabinoids from the plant through the use of propylene | ||||||
21 | glycol, glycerin, butter, olive oil, or other typical | ||||||
22 | cooking fats; water, ice, or dry ice; or butane, propane, | ||||||
23 | CO 2 , ethanol, or isopropanol; | ||||||
24 | (2) contains no more than 0.3% total THC by weight; and | ||||||
25 | (3) contains no other controlled substances. | ||||||
26 | "THC" means tetrahydrocannabinol.
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1 | Section 10. Distribution and sale of low THC hemp extract. | ||||||
2 | (a) A person or commercial enterprise may distribute or | ||||||
3 | sell low THC hemp extract if the person or commercial | ||||||
4 | enterprise can produce a certificate of analysis for the | ||||||
5 | product that shows that it contains no more than 0.3% total THC | ||||||
6 | by weight. | ||||||
7 | (b) A person or commercial enterprise may not distribute | ||||||
8 | low THC hemp extract without having obtained the certificate of | ||||||
9 | analysis for the product. | ||||||
10 | (c) Low THC hemp extract must be clearly labeled. The label | ||||||
11 | must include the following: | ||||||
12 | (1) a scannable bar code or Quick Response code linked | ||||||
13 | to a document that contains information with respect to the | ||||||
14 | manufacture of the low THC hemp extract, including: | ||||||
15 | (A) the product name; | ||||||
16 | (B) the batch identification number for the tested | ||||||
17 | product; | ||||||
18 | (C) the expiration date, which must be not more | ||||||
19 | than 2 years from the date of manufacture; | ||||||
20 | (D) the ingredients used; and | ||||||
21 | (E) a download link for a certificate of analysis | ||||||
22 | for the product; | ||||||
23 | (2) the batch number for the tested product; | ||||||
24 | (3) a download link for the certificate of analysis for | ||||||
25 | the batch number; |
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1 | (4) the expiration date; | ||||||
2 | (5) the number of milligrams of low THC hemp extract; | ||||||
3 | (6) the ingredients used; | ||||||
4 | (7) the manufacturer of the product; and | ||||||
5 | (8) the fact that the product contains no more than | ||||||
6 | 0.3% total THC by weight. | ||||||
7 | (d) Nothing in this Act prevents a person who knowingly | ||||||
8 | distributes, sells, or uses a hemp extract that contains more | ||||||
9 | than 0.3% THC or who knowingly sells, distributes, or uses a | ||||||
10 | misbranded low THC hemp extract product from being prosecuted | ||||||
11 | under the Cannabis Control Act, the Illinois Controlled | ||||||
12 | Substances Act, or the Illinois Food, Drug and Cosmetic Act. | ||||||
13 | (e) Low THC hemp extract shall be considered misbranded if: | ||||||
14 | (1) it is falsely labeled or offered for sale under the | ||||||
15 | name of another product; or | ||||||
16 | (2) any word, statement, or other information required | ||||||
17 | by or under the authority of this Act to appear on the | ||||||
18 | label or labeling is not prominently and conspicuously | ||||||
19 | placed as compared with other words, statements, designs, | ||||||
20 | or devices in the labeling, and in terms that render it | ||||||
21 | likely to be read and understood by the ordinary individual | ||||||
22 | under customary conditions of purchase and use. | ||||||
23 | (f) Nothing in this Act shall be construed to change | ||||||
24 | current State laws on the cultivation or production of hemp or | ||||||
25 | any strain of cannabis.
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1 | Section 90. The Cannabis Control Act is amended by changing | ||||||
2 | Section 3 as follows:
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3 | (720 ILCS 550/3) (from Ch. 56 1/2, par. 703)
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4 | Sec. 3. As used in this Act, unless the context otherwise | ||||||
5 | requires:
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6 | (a) "Cannabis" includes marihuana, hashish and other | ||||||
7 | substances which
are identified as including any parts of the | ||||||
8 | plant Cannabis Sativa, whether
growing or not; the seeds | ||||||
9 | thereof, the resin extracted from any part of
such plant; and | ||||||
10 | any compound, manufacture, salt, derivative, mixture, or
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11 | preparation of such plant, its seeds, or resin, including | ||||||
12 | tetrahydrocannabinol
(THC) and all other cannabinol | ||||||
13 | derivatives, including its naturally occurring
or | ||||||
14 | synthetically produced ingredients, whether produced directly | ||||||
15 | or indirectly
by extraction, or independently by means of | ||||||
16 | chemical synthesis or by a
combination
of extraction and | ||||||
17 | chemical synthesis; but shall not include the mature stalks
of | ||||||
18 | such plant, fiber produced from such stalks, oil or cake made | ||||||
19 | from the
seeds of such plant, any other compound, manufacture, | ||||||
20 | salt, derivative,
mixture, or preparation of such mature stalks | ||||||
21 | (except the resin extracted
therefrom), fiber, oil or cake, or | ||||||
22 | the sterilized seed of such plant which
is incapable of | ||||||
23 | germination. "Cannabis" does not include low THC hemp extract | ||||||
24 | as defined in the Commercial Low THC Hemp Extract Act.
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25 | (b) "Casual delivery" means the delivery of not more than |
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1 | 10 grams of
any substance containing cannabis without | ||||||
2 | consideration.
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3 | (c) "Department" means the Illinois Department of Human | ||||||
4 | Services (as
successor to the Department of Alcoholism and | ||||||
5 | Substance Abuse) or its successor agency.
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6 | (d) "Deliver" or "delivery" means the actual, constructive | ||||||
7 | or attempted
transfer of possession of cannabis, with or | ||||||
8 | without consideration, whether
or not there is an agency | ||||||
9 | relationship.
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10 | (e) "Department of State Police" means the Department
of | ||||||
11 | State Police of the State of Illinois or its successor agency.
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12 | (f) "Director" means the Director of the Department of | ||||||
13 | State Police
or his designated agent.
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14 | (g) "Local authorities" means a duly organized State, | ||||||
15 | county, or municipal
peace unit or police force.
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16 | (h) "Manufacture" means the production, preparation, | ||||||
17 | propagation,
compounding,
conversion or processing of | ||||||
18 | cannabis, either directly or indirectly, by
extraction from | ||||||
19 | substances of natural origin, or independently by means
of | ||||||
20 | chemical synthesis, or by a combination of extraction and | ||||||
21 | chemical
synthesis,
and includes any packaging or repackaging | ||||||
22 | of cannabis or labeling of its
container, except that this term | ||||||
23 | does not include the preparation, compounding,
packaging, or | ||||||
24 | labeling of cannabis as an incident to lawful research, | ||||||
25 | teaching,
or chemical analysis and not for sale.
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26 | (i) "Person" means any individual, corporation, government |
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1 | or governmental
subdivision or agency, business trust, estate, | ||||||
2 | trust, partnership or association,
or any other entity.
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3 | (j) "Produce" or "production" means planting, cultivating, | ||||||
4 | tending or harvesting.
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5 | (k) "State" includes the State of Illinois and any state, | ||||||
6 | district, commonwealth,
territory, insular possession thereof, | ||||||
7 | and any area subject to the legal
authority of the United | ||||||
8 | States of America.
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9 | (l) "Subsequent offense" means an offense under this Act, | ||||||
10 | the offender
of which, prior to his conviction of the offense, | ||||||
11 | has at any time been convicted
under this Act or under any laws | ||||||
12 | of the United States or of any state relating
to cannabis, or | ||||||
13 | any controlled substance as defined in the Illinois Controlled
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14 | Substances Act.
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15 | (Source: P.A. 89-507, eff. 7-1-97 .)
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