Full Text of HB2668 98th General Assembly
HB2668eng 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning agriculture.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | ARTICLE 5 | 5 | | Section 5-1. Short title. This Act may be cited as the | 6 | | Industrial Hemp Research Act. | 7 | | Section 5-5. Definitions. For the purposes of this Act: | 8 | | "Department" means the Department of Agriculture. | 9 | | "Industrial hemp" means any variety of Cannabis sativa L. | 10 | | with a delta-9 tetrahydrocannabinol (THC) concentration that | 11 | | does not exceed 0.3% on a dry weight basis and that is grown in | 12 | | compliance with federal and State licensing conditions. | 13 | | Section 5-10. Industrial hemp study. Public universities | 14 | | in the State are authorized to study the feasibility and | 15 | | desirability of industrial hemp production in this State. This | 16 | | authority expires on January 1, 2019 and is subject to renewal. | 17 | | Any study shall include an analysis of required soils and | 18 | | growing conditions, seed availability and varieties, including | 19 | | in-the-ground seed variety trials, harvest methods, market | 20 | | economies, and environmental benefits. Research shall include | 21 | | finding high producing, high quality varieties with a zero |
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| 1 | | percent level of THC. In addition, research shall address the | 2 | | potential impact of commercial production of industrial hemp on | 3 | | law enforcement, including, but not limited to, the impact on | 4 | | the State's crime laboratory system. Any public university in | 5 | | the State shall obtain all federal and State permits needed to | 6 | | legally grow industrial hemp for fiber or seed production prior | 7 | | to importing any non-sterilized industrial hemp seeds capable | 8 | | of germination into the State. All research conducted in this | 9 | | Section is subject to the availability of funding, which shall | 10 | | be sought by institutions performing the research from federal, | 11 | | private, corporate, and other sources other than the State of | 12 | | Illinois. Any university conducting the research shall report | 13 | | its research, progress, and any findings and recommendations to | 14 | | the General Assembly by January 1, 2017. | 15 | | ARTICLE 10 | 16 | | Section 10-5. The Cannabis Control Act is amended by | 17 | | changing Section 3 as follows:
| 18 | | (720 ILCS 550/3) (from Ch. 56 1/2, par. 703)
| 19 | | Sec. 3. As used in this Act, unless the context otherwise | 20 | | requires:
| 21 | | (a) "Cannabis" includes marihuana, hashish and other | 22 | | substances which
are identified as including any parts of the | 23 | | plant Cannabis Sativa, whether
growing or not; the seeds |
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| 1 | | thereof, the resin extracted from any part of
such plant; and | 2 | | any compound, manufacture, salt, derivative, mixture, or
| 3 | | preparation of such plant, its seeds, or resin, including | 4 | | tetrahydrocannabinol
(THC) and all other cannabinol | 5 | | derivatives, including its naturally occurring
or | 6 | | synthetically produced ingredients, whether produced directly | 7 | | or indirectly
by extraction, or independently by means of | 8 | | chemical synthesis or by a
combination
of extraction and | 9 | | chemical synthesis; but shall not include the mature stalks
of | 10 | | such plant, fiber produced from such stalks, oil or cake made | 11 | | from the
seeds of such plant, any other compound, manufacture, | 12 | | salt, derivative,
mixture, or preparation of such mature stalks | 13 | | (except the resin extracted
therefrom), fiber, oil or cake, or | 14 | | the sterilized seed of such plant which
is incapable of | 15 | | germination , or industrial hemp solely as authorized for the | 16 | | purposes of the Industrial Hemp Research Act .
| 17 | | (b) "Casual delivery" means the delivery of not more than | 18 | | 10 grams of
any substance containing cannabis without | 19 | | consideration.
| 20 | | (c) "Department" means the Illinois Department of Human | 21 | | Services (as
successor to the Department of Alcoholism and | 22 | | Substance Abuse) or its successor agency.
| 23 | | (d) "Deliver" or "delivery" means the actual, constructive | 24 | | or attempted
transfer of possession of cannabis, with or | 25 | | without consideration, whether
or not there is an agency | 26 | | relationship.
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| 1 | | (e) "Department of State Police" means the Department
of | 2 | | State Police of the State of Illinois or its successor agency.
| 3 | | (f) "Director" means the Director of the Department of | 4 | | State Police
or his designated agent.
| 5 | | (g) "Local authorities" means a duly organized State, | 6 | | county, or municipal
peace unit or police force.
| 7 | | (h) "Manufacture" means the production, preparation, | 8 | | propagation,
compounding,
conversion or processing of | 9 | | cannabis, either directly or indirectly, by
extraction from | 10 | | substances of natural origin, or independently by means
of | 11 | | chemical synthesis, or by a combination of extraction and | 12 | | chemical
synthesis,
and includes any packaging or repackaging | 13 | | of cannabis or labeling of its
container, except that this term | 14 | | does not include the preparation, compounding,
packaging, or | 15 | | labeling of cannabis as an incident to lawful research, | 16 | | teaching,
or chemical analysis and not for sale.
| 17 | | (i) "Person" means any individual, corporation, government | 18 | | or governmental
subdivision or agency, business trust, estate, | 19 | | trust, partnership or association,
or any other entity.
| 20 | | (j) "Produce" or "production" means planting, cultivating, | 21 | | tending or harvesting.
| 22 | | (k) "State" includes the State of Illinois and any state, | 23 | | district, commonwealth,
territory, insular possession thereof, | 24 | | and any area subject to the legal
authority of the United | 25 | | States of America.
| 26 | | (l) "Subsequent offense" means an offense under this Act, |
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| 1 | | the offender
of which, prior to his conviction of the offense, | 2 | | has at any time been convicted
under this Act or under any laws | 3 | | of the United States or of any state relating
to cannabis, or | 4 | | any controlled substance as defined in the Illinois Controlled
| 5 | | Substances Act.
| 6 | | (Source: P.A. 89-507, eff. 7-1-97 .)
| 7 | | Section 10-10. The Cannabis and Controlled Substances Tort | 8 | | Claims Act is amended by changing Section 3 as follows:
| 9 | | (740 ILCS 20/3) (from Ch. 70, par. 903)
| 10 | | Sec. 3. Definitions. As used in this Act, unless the | 11 | | context otherwise
requires:
| 12 | | "Cannabis" includes marihuana, hashish, and other | 13 | | substances that
are identified as including any parts of the | 14 | | plant Cannabis Sativa, whether
growing or not, the seeds of | 15 | | that plant, the resin extracted from any part of
that plant, | 16 | | and any compound, manufacture, salt, derivative, mixture, or
| 17 | | preparation of that plant, its seeds, or resin, including
| 18 | | tetrahydrocannabinol (THC) and all other cannabinol | 19 | | derivatives, including
its naturally occurring or | 20 | | synthetically produced ingredients, whether
produced directly | 21 | | or indirectly by extraction, independently by means of
chemical | 22 | | synthesis, or by a combination of extraction and chemical
| 23 | | synthesis. "Cannabis" does not include the mature stalks of | 24 | | that plant, fiber
produced from those stalks, oil or cake made |
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| 1 | | from the seeds of that plant,
any other compound, manufacture, | 2 | | salt, derivative, mixture, or preparation
of mature stalks | 3 | | (except the extracted resin), fiber, oil
or cake, or the | 4 | | sterilized seeds of that plant that are incapable of
| 5 | | germination , or industrial hemp solely as authorized for the | 6 | | purposes of the Industrial Hemp Research Act .
| 7 | | "Controlled substance" means a drug, substance, or | 8 | | immediate precursor in
the Schedules of Article II of the | 9 | | Illinois Controlled Substances Act.
| 10 | | "Counterfeit substance" means a controlled substance or | 11 | | the container or
labeling of a controlled substance that, | 12 | | without authorization, bears the
trademark, trade name, or | 13 | | other identifying mark, imprint, number, device,
or any | 14 | | likeness thereof of a manufacturer, distributor, or dispenser | 15 | | other
than the person who in fact manufactured, distributed, or | 16 | | dispensed the
substance.
| 17 | | "Deliver" or "delivery" means the actual, constructive, or | 18 | | attempted
transfer of possession of a controlled substance or | 19 | | cannabis, with or
without consideration, whether or not there | 20 | | is an agency relationship.
| 21 | | "Manufacture" means the production, preparation, | 22 | | propagation,
compounding, conversion, or processing of a | 23 | | controlled substance, either
directly or indirectly, by | 24 | | extraction from substances of natural origin,
independently by | 25 | | means of chemical synthesis, or by a combination of
extraction | 26 | | and chemical synthesis, and includes any packaging or
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| 1 | | repackaging of the substance or labeling of its container, | 2 | | except that the
term does not include:
| 3 | | (1) by an ultimate user, the preparation or compounding | 4 | | of a
controlled substance for his own use;
| 5 | | (2) by a practitioner or his authorized agent under his | 6 | | supervision,
the preparation, compounding, packaging, or | 7 | | labeling of a controlled substance:
| 8 | | (A) as an incident to his administering or | 9 | | dispensing of a controlled
substance in the course of | 10 | | his professional practice; or
| 11 | | (B) as an incident to lawful research, teaching or | 12 | | chemical analysis
and not for sale; or
| 13 | | (3) the preparation, compounding, packaging, or | 14 | | labeling of cannabis
as an incident to lawful research, | 15 | | teaching, or chemical analysis and not
for sale.
| 16 | | "Owner" means a person who has possession of or any | 17 | | interest
whatsoever in the property involved.
| 18 | | "Person" means an individual, a corporation, a government,
| 19 | | a governmental subdivision or agency, a business trust, an | 20 | | estate, a trust,
a partnership or association, or any other | 21 | | entity.
| 22 | | "Production" means planting, cultivating, tending, or | 23 | | harvesting.
| 24 | | "Property" means real property, including things growing | 25 | | on,
affixed to, and found in land, and tangible or intangible | 26 | | personal
property, including rights, services, privileges, |
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| 1 | | interests, claims,
and securities.
| 2 | | (Source: P.A. 96-328, eff. 8-11-09.)
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