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| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 SB2406 Introduced 2/3/2016, by Sen. Toi W. Hutchinson SYNOPSIS AS INTRODUCED: |
| New Act | | 505 ILCS 100/2 | from Ch. 5, par. 952 | 720 ILCS 550/3 | from Ch. 56 1/2, par. 703 |
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Creates the Industrial Hemp Act. Provides that any person desiring to grow, process, cultivate, harvest, process, possess, sell, or purchase industrial hemp or industrial hemp related 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 to be used to grow or process industrial hemp and that the license shall be valid for a period of 5 years. 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.
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| | FISCAL NOTE ACT MAY APPLY | | HOME RULE NOTE ACT MAY APPLY |
| | A BILL FOR |
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| | SB2406 | | LRB099 13665 MGM 37618 b |
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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,
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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 | | Industrial 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 fibres, seeds, and roots |
10 | | cultivated from plants of the cannabis genus with a THC |
11 | | (tetrahydrocannabinol) content of 1% or lower. |
12 | | Section 10. Licenses. |
13 | | (a) Any person desiring to grow, process, cultivate, |
14 | | harvest, process, possess, sell, or purchase industrial hemp or |
15 | | industrial hemp related products must be licensed by the |
16 | | Department. |
17 | | (b) The application for a license shall include the name |
18 | | and address of the applicant and the legal description of the |
19 | | land area to be used to grow or process industrial hemp. |
20 | | (c) If the applicant completes the application process to |
21 | | the satisfaction of the Department, then the Department shall |
22 | | issue the license, which shall be valid for a period of 5 |
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1 | | years. |
2 | | Section 15. Rules. |
3 | | (a) The application and licensing requirements shall be |
4 | | determined by the Department and set by rule within 180 days of |
5 | | this Act becoming law. |
6 | | (b) The rules set by the Department shall include one |
7 | | yearly inspection and one yearly surprise inspection of a |
8 | | licensed industrial hemp cultivation operation. |
9 | | (c) The Department shall adopt rules necessary for the |
10 | | administration and enforcement of this Act, including rules |
11 | | concerning standards and criteria for licensure, for the |
12 | | payment of applicable fees, signage, and for forms required for |
13 | | the administration of this Act. |
14 | | Section 20. Hemp products. Nothing in this Act shall alter |
15 | | the legality of hemp or hemp products that are presently legal |
16 | | to possess or own. |
17 | | Section 25. Violation of federal law. Nothing in this Act |
18 | | shall be construed to authorize any person to violate federal |
19 | | rules, regulations, or laws. If any part of this Act conflicts |
20 | | with a provision of the federal laws regarding industrial hemp, |
21 | | the federal provisions shall control to the extent of the |
22 | | conflict. |
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1 | | Section 30. Home rule. It is declared to be the public
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2 | | policy of this State, under subsection (h) of Section 6 of
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3 | | Article VII of the Illinois Constitution of 1970, that any |
4 | | power or
function set forth in this Act to be exercised by the |
5 | | State is an
exclusive State power or function. The power or |
6 | | function shall
not be exercised concurrently, either directly |
7 | | or indirectly, by
any unit of local government, including home |
8 | | rule units, except as
otherwise provided in this Act. This is a |
9 | | limitation of home rule
powers.
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10 | | Section 900. The Illinois Noxious Weed Law is amended by |
11 | | changing Section 2 as follows:
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12 | | (505 ILCS 100/2) (from Ch. 5, par. 952)
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13 | | Sec. 2. As used in this Act: (1) "Person" means any |
14 | | individual, partnership,
firm, corporation, company, society, |
15 | | association, the State or any
department, agency, or |
16 | | subdivision thereof, or any other entity.
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17 | | (2) "Control", "controlled" or "controlling" includes |
18 | | being in
charge of or being in possession, whether as owner, |
19 | | lessee, renter, or
tenant, under statutory authority, or |
20 | | otherwise.
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21 | | (3) "Director" means the Director of the Department of |
22 | | Agriculture
of the State of Illinois, or his duly appointed |
23 | | representative.
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24 | | (4) "Department" means the Department of Agriculture of the |
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1 | | State of
Illinois.
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2 | | (5) "Noxious weed" means any plant which is determined by |
3 | | the
Director, the Dean of the College of Agriculture of the |
4 | | University of
Illinois and the Director of the Agricultural |
5 | | Experiment Station at the
University of Illinois, to be |
6 | | injurious to public health, crops,
livestock, land or other |
7 | | property. "Noxious weed" does not include industrial hemp as |
8 | | defined and authorized under the Industrial Hemp Act.
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9 | | (6) "Control Authority" means the governing body of each |
10 | | county, and
shall represent all rural areas and cities, |
11 | | villages and townships
within the county boundaries.
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12 | | (7) "Applicable fund" means the fund current at the time |
13 | | the work is
performed or the money is received.
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14 | | (Source: P.A. 77-1037.)
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15 | | Section 905. The Cannabis Control Act is amended by |
16 | | changing Section 3 as follows:
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17 | | (720 ILCS 550/3) (from Ch. 56 1/2, par. 703)
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18 | | Sec. 3. As used in this Act, unless the context otherwise |
19 | | requires:
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20 | | (a) "Cannabis" includes marihuana, hashish and other |
21 | | substances which
are identified as including any parts of the |
22 | | plant Cannabis Sativa, whether
growing or not; the seeds |
23 | | thereof, the resin extracted from any part of
such plant; and |
24 | | any compound, manufacture, salt, derivative, mixture, or
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1 | | preparation of such plant, its seeds, or resin, including |
2 | | tetrahydrocannabinol
(THC) and all other cannabinol |
3 | | derivatives, including its naturally occurring
or |
4 | | synthetically produced ingredients, whether produced directly |
5 | | or indirectly
by extraction, or independently by means of |
6 | | chemical synthesis or by a
combination
of extraction and |
7 | | chemical synthesis; but shall not include the mature stalks
of |
8 | | such plant, fiber produced from such stalks, oil or cake made |
9 | | from the
seeds of such plant, any other compound, manufacture, |
10 | | salt, derivative,
mixture, or preparation of such mature stalks |
11 | | (except the resin extracted
therefrom), fiber, oil or cake, or |
12 | | the sterilized seed of such plant which
is incapable of |
13 | | germination. "Cannabis" does not include industrial hemp as |
14 | | defined and authorized under the Industrial Hemp Act.
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15 | | (b) "Casual delivery" means the delivery of not more than |
16 | | 10 grams of
any substance containing cannabis without |
17 | | consideration.
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18 | | (c) "Department" means the Illinois Department of Human |
19 | | Services (as
successor to the Department of Alcoholism and |
20 | | Substance Abuse) or its successor agency.
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21 | | (d) "Deliver" or "delivery" means the actual, constructive |
22 | | or attempted
transfer of possession of cannabis, with or |
23 | | without consideration, whether
or not there is an agency |
24 | | relationship.
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25 | | (e) "Department of State Police" means the Department
of |
26 | | State Police of the State of Illinois or its successor agency.
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1 | | (f) "Director" means the Director of the Department of |
2 | | State Police
or his designated agent.
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3 | | (g) "Local authorities" means a duly organized State, |
4 | | county, or municipal
peace unit or police force.
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5 | | (h) "Manufacture" means the production, preparation, |
6 | | propagation,
compounding,
conversion or processing of |
7 | | cannabis, either directly or indirectly, by
extraction from |
8 | | substances of natural origin, or independently by means
of |
9 | | chemical synthesis, or by a combination of extraction and |
10 | | chemical
synthesis,
and includes any packaging or repackaging |
11 | | of cannabis or labeling of its
container, except that this term |
12 | | does not include the preparation, compounding,
packaging, or |
13 | | labeling of cannabis as an incident to lawful research, |
14 | | teaching,
or chemical analysis and not for sale.
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15 | | (i) "Person" means any individual, corporation, government |
16 | | or governmental
subdivision or agency, business trust, estate, |
17 | | trust, partnership or association,
or any other entity.
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18 | | (j) "Produce" or "production" means planting, cultivating, |
19 | | tending or harvesting.
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20 | | (k) "State" includes the State of Illinois and any state, |
21 | | district, commonwealth,
territory, insular possession thereof, |
22 | | and any area subject to the legal
authority of the United |
23 | | States of America.
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24 | | (l) "Subsequent offense" means an offense under this Act, |
25 | | the offender
of which, prior to his conviction of the offense, |
26 | | has at any time been convicted
under this Act or under any laws |