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1 | | AN ACT concerning agriculture.
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2 | | Be it enacted by the People of the State of Illinois, |
3 | | represented in the General Assembly:
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4 | | Section 5. The Cannabis Control Act is amended by changing |
5 | | Section 8 and adding Section 15.2 as follows:
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6 | | (720 ILCS 550/8) (from Ch. 56 1/2, par. 708)
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7 | | Sec. 8. It is unlawful for any person knowingly to produce |
8 | | the
cannabis sativa plant or to possess such plants unless |
9 | | production or possession
has been authorized pursuant to the |
10 | | provisions of Section 11 or 15.2 of the Act.
Any person who |
11 | | violates this Section with respect to production or possession |
12 | | of:
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13 | | (a) Not more than 5 plants is guilty of a Class A |
14 | | misdemeanor.
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15 | | (b) More than 5, but not more than 20 plants, is guilty
of |
16 | | a Class 4 felony.
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17 | | (c) More than 20, but not more than 50 plants, is
guilty of |
18 | | a Class 3 felony.
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19 | | (d) More than 50, but not more than 200 plants, is guilty |
20 | | of a Class 2 felony for which
a fine not to exceed $100,000 may |
21 | | be imposed and for which liability for
the cost of conducting |
22 | | the investigation and eradicating such plants may be
assessed. |
23 | | Compensation for expenses incurred in the enforcement of this
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1 | | provision shall be transmitted to and deposited in the |
2 | | treasurer's office
at the level of government represented by |
3 | | the Illinois law enforcement
agency whose officers or employees |
4 | | conducted the investigation or caused
the arrest or arrests |
5 | | leading to the prosecution, to be subsequently made
available |
6 | | to that law enforcement agency as expendable receipts for use |
7 | | in
the enforcement of laws regulating controlled substances and |
8 | | cannabis. If
such seizure was made by a combination of law |
9 | | enforcement personnel
representing different levels of |
10 | | government, the court levying the
assessment shall determine |
11 | | the allocation of such assessment. The proceeds
of assessment |
12 | | awarded to the State treasury shall be deposited in a special
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13 | | fund known as the Drug Traffic Prevention Fund. |
14 | | (e) More than 200 plants is guilty of a Class 1 felony for |
15 | | which
a fine not to exceed $100,000 may be imposed and for |
16 | | which liability for
the cost of conducting the investigation |
17 | | and eradicating such plants may be
assessed. Compensation for |
18 | | expenses incurred in the enforcement of this
provision shall be |
19 | | transmitted to and deposited in the treasurer's office
at the |
20 | | level of government represented by the Illinois law enforcement
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21 | | agency whose officers or employees conducted the investigation |
22 | | or caused
the arrest or arrests leading to the prosecution, to |
23 | | be subsequently made
available to that law enforcement agency |
24 | | as expendable receipts for use in
the enforcement of laws |
25 | | regulating controlled substances and cannabis. If
such seizure |
26 | | was made by a combination of law enforcement personnel
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1 | | representing different levels of government, the court levying |
2 | | the
assessment shall determine the allocation of such |
3 | | assessment. The proceeds
of assessment awarded to the State |
4 | | treasury shall be deposited in a special
fund known as the Drug |
5 | | Traffic Prevention Fund.
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6 | | (Source: P.A. 95-247, eff. 1-1-08.)
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7 | | (720 ILCS 550/15.2 new) |
8 | | Sec. 15.2. Industrial hemp pilot program. |
9 | | (a) Pursuant to Section 7606 the federal Agricultural Act |
10 | | of 2014, an institution of higher education or the Department |
11 | | of Agriculture may grow or cultivate industrial hemp if: |
12 | | (1) the industrial hemp is grown or cultivated for |
13 | | purposes of research conducted under an agricultural pilot |
14 | | program or other agricultural or academic research; |
15 | | (2) the pilot program studies the growth, cultivation, |
16 | | or marketing of industrial hemp; and |
17 | | (3) any site used for the growing or cultivating of |
18 | | industrial hemp is certified by, and registered with, the |
19 | | Department of Agriculture. |
20 | | (b) Before conducting industrial hemp research, an |
21 | | institution of higher education shall notify the Department of |
22 | | Agriculture and any local law enforcement agency in writing. |
23 | | (c) The institution of higher education shall provide |
24 | | quarterly reports and an annual report to the
Department of |
25 | | Agriculture on the research and the research program shall be |
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1 | | subject to random inspection by the Department of Agriculture, |
2 | | the Department of State Police, or local law enforcement |
3 | | agencies. The institution of higher education shall submit the |
4 | | annual report to the Department of Agriculture on or before |
5 | | October 1. |
6 | | (d) The Department of Agriculture may adopt rules to |
7 | | implement this Section. In order to provide for the expeditious |
8 | | and timely implementation of this Section, upon notification by |
9 | | an institution of higher education that the institution wishes |
10 | | to engage in the growth or cultivation of industrial hemp for |
11 | | agricultural research purposes, the Department of Agriculture |
12 | | may adopt emergency rules under Section 5-45 of the Illinois |
13 | | Administrative Procedure Act to implement the provisions of |
14 | | this Section. If changes to the rules are required to comply |
15 | | with federal rules, the Department of Agriculture may adopt |
16 | | peremptory rules as necessary to comply with changes to |
17 | | corresponding federal rules. All other rules that the |
18 | | Department of Agriculture deems necessary to adopt in |
19 | | connection with this Section must proceed through the ordinary |
20 | | rule-making process. The adoption of emergency rules |
21 | | authorized by this Section shall be deemed to be necessary for |
22 | | the public interest, safety, and welfare. |
23 | | The Department of Agriculture may determine, by rule, the |
24 | | duration of an institution of higher education's pilot program |
25 | | or industrial hemp research. If the institution of higher |
26 | | education has not completed its program within the timeframe |
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1 | | established by rule, then the Department of Agriculture may |
2 | | grant an extension to the pilot program if unanticipated |
3 | | circumstances arose that impacted the program. |
4 | | (e) As used in this Section: |
5 | | "Industrial hemp" means cannabis sativa L. having no |
6 | | more than 0.3% total THC available, upon heating, or |
7 | | maximum delta-9 tetrahydrocannabinol content possible. |
8 | | "Institution of higher education" means a State |
9 | | institution of higher education that offers a 4-year degree |
10 | | in agricultural science.
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