TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER v: LICENSING AND REGULATIONS
PART 1200 INDUSTRIAL HEMP ACT
SECTION 1200.120 VIOLATIONS


 

Section 1200.120  Violations

 

a)         A licensee shall be subject to subsection (b) if the Department determines that the licensee has negligently violated the Act or this Part, including by negligently:

 

1)         Failing to provide a legal description of land on which the licensee produces hemp;

 

2)         Failing to obtain a license; or

 

3)         Producing Cannabis sativa L. with a delta-9 THC concentration of more than 0.3% on a dry weight basis.

 

b)         A hemp licensee described in subsection (a) shall comply with a plan established by the Department to correct the negligent violation, including:

 

1)         a reasonable date by which the licensee shall correct the negligent violation; and

 

2)         A requirement that the licensee shall periodically report to the Department on the compliance of the licensee for a period of not less than 2 calendar years.

 

c)         A licensee that negligently violates the Act or this Part (see subsection (a)) shall not, as a result of that violation, be subject to any criminal enforcement action by any federal, State or local government.

 

d)         A licensee that negligently violates subsection (a) 3 times in a 5 year period shall be ineligible to produce hemp for a period of 5 years beginning on the date of the third violation.

 

e)         If the Department determines that a licensee has violated the Act or this Part with a culpable mental state greater than negligence, the Department shall immediately report the licensee to:

 

1)         The Attorney General of the United States;

 

2)         The Attorney General of Illinois; and

 

3)         The Illinois State Police.