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Public Act 100-1091 | ||||
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AN ACT concerning agriculture.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. Short title. This Act may be cited as the | ||||
Industrial Hemp Act. | ||||
Section 5. Definitions. In this Act: | ||||
"Department" means the Department of Agriculture. | ||||
"Director" means the Director of Agriculture. | ||||
"Industrial hemp" means the plant Cannabis sativa L. and | ||||
any part of that plant, whether growing or not, with a delta-9 | ||||
tetrahydrocannabinol concentration of not more than 0.3 | ||||
percent on a dry weight basis that has been cultivated under a | ||||
license issued under this Act or is otherwise lawfully present | ||||
in this State, and includes any intermediate or finished | ||||
product made or derived from industrial hemp. | ||||
"Land area" means a farm as defined in Section 1-60 of the | ||||
Property Tax Code in this State or land or facilities under the | ||||
control of an institution of higher education. | ||||
"Person" means any individual, partnership, firm, | ||||
corporation, company, society, association, the State or any | ||||
department, agency, or subdivision thereof, or any other | ||||
entity. | ||||
"Process" means the conversion of raw industrial hemp plant |
material into a form that is presently legal to import from | ||
outside the United States under federal law. | ||
"THC" means delta-9 tetrahydrocannabinol. | ||
Section 10. Licenses and registration. | ||
(a) Under Section 5940 of Title 7 of the United States | ||
Code, no person shall cultivate industrial hemp in this State | ||
without a license issued by the Department.
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(b) The application for a license shall include: | ||
(1) the name and address of the applicant; | ||
(2) the legal description of the land area, including | ||
Global Positioning System coordinates, to be used to | ||
cultivate industrial hemp; and | ||
(3) if federal law requires a research purpose for the | ||
cultivation of industrial hemp, a description of one or | ||
more research purposes planned for the cultivation of | ||
industrial hemp which may include the study of the growth, | ||
cultivation, or marketing of industrial hemp; however, the | ||
research purpose requirement shall not be construed to | ||
limit the commercial sale of industrial hemp. | ||
(b-5) A person shall not process industrial hemp in this | ||
State without registering with the Department on a form | ||
prescribed by the Department. | ||
(c) The Department may determine, by rule, the duration of | ||
a license or registration; application, registration, and | ||
license fees; and the requirements for license or registration |
renewal. | ||
Section 15. Rules. | ||
(a) The application and licensing requirements shall be | ||
determined by the Department and set by rule within 120 days of | ||
the effective date of this Act. | ||
(b) The rules set by the Department shall include one
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yearly inspection of a licensed industrial hemp cultivation | ||
operation and allow for additional unannounced inspections of a
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licensed industrial hemp cultivation operation at the | ||
Department's discretion. | ||
(c) The Department shall adopt rules necessary for the | ||
administration and enforcement of this Act, including rules | ||
concerning standards and criteria for licensure and | ||
registration, for the payment of applicable fees, signage, and | ||
for forms required for the administration of this Act. | ||
(d) The Department shall adopt rules for the testing of the | ||
industrial hemp THC levels and the disposal of plant matter | ||
exceeding lawful THC levels, including an option for a | ||
cultivator to retest for a minor violation, with the retest | ||
threshold determined by the Department and set in rule. Those | ||
rules may provide for the use of seed certified to meet the THC | ||
levels mandated by this Act as an alternative to testing.
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Section 17. Administrative hearings. Administrative | ||
hearings involving licensees under this Act shall be conducted |
under the Department's rules governing formal administrative | ||
proceedings. | ||
Section 18. Industrial Hemp Regulatory Fund. There is | ||
created in the State treasury a special fund to be known as the | ||
Industrial Hemp Regulatory Fund. All fees and fines collected | ||
by the Department under this Act shall be deposited into the | ||
Fund. Moneys in the Fund shall be utilized by the Department | ||
for the purposes of implementation, administration, and | ||
enforcement of this Act. | ||
Section 19. Immunity. Except for willful or wanton | ||
misconduct, a person employed by the Department shall not be | ||
subject to criminal or civil penalties for taking any action | ||
under this Act when the actions are within the scope of his or | ||
her employment. Representation and indemnification of | ||
Department employees shall be provided to Department employees | ||
as set forth in Section 2 of the State Employee Indemnification | ||
Act. | ||
Section 20. Hemp products. Nothing in this Act shall alter | ||
the legality of hemp or hemp products that are presently legal | ||
to possess or own. | ||
Section 25. Violation of federal law. Nothing in this Act | ||
shall be construed to authorize any person to violate federal |
rules, regulations, or laws. If any part of this Act conflicts | ||
with a provision of the federal laws regarding industrial hemp, | ||
the federal provisions shall control to the extent of the | ||
conflict.
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Section 895. The State Finance Act is amended by adding | ||
Section 5.886 as follows: | ||
(30 ILCS 105/5.886 new) | ||
Sec. 5.886. The Industrial Hemp Regulatory Fund. | ||
Section 900. The Illinois Noxious Weed Law is amended by | ||
changing Section 2 as follows:
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(505 ILCS 100/2) (from Ch. 5, par. 952)
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Sec. 2. As used in this Act: | ||
(1) "Person" means any individual, partnership,
firm, | ||
corporation, company, society, association, the State or any
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department, agency, or subdivision thereof, or any other | ||
entity.
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(2) "Control", "controlled" or "controlling" includes | ||
being in
charge of or being in possession, whether as owner, | ||
lessee, renter, or
tenant, under statutory authority, or | ||
otherwise.
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(3) "Director" means the Director of the Department of | ||
Agriculture
of the State of Illinois, or his or her duly |
appointed representative.
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(4) "Department" means the Department of Agriculture of the | ||
State of
Illinois.
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(5) "Noxious weed" means any plant which is determined by | ||
the
Director, the Dean of the College of Agricultural, Consumer | ||
and Environmental Sciences of the University of
Illinois and | ||
the Director of the Agricultural Experiment Station at the
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University of Illinois, to be injurious to public health, | ||
crops,
livestock, land or other property. "Noxious weed" does | ||
not include industrial hemp as defined and authorized under the | ||
Industrial Hemp Act.
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(6) "Control Authority" means the governing body of each | ||
county, and
shall represent all rural areas and cities, | ||
villages and townships
within the county boundaries.
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(7) "Applicable fund" means the fund current at the time | ||
the work is
performed or the money is received.
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(Source: P.A. 99-539, eff. 7-8-16.)
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Section 905. The Cannabis Control Act is amended by | ||
changing Sections 3 and 8 as follows:
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(720 ILCS 550/3) (from Ch. 56 1/2, par. 703)
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Sec. 3. As used in this Act, unless the context otherwise | ||
requires:
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(a) "Cannabis" includes marihuana, hashish and other | ||
substances which
are identified as including any parts of the |
plant Cannabis Sativa, whether
growing or not; the seeds | ||
thereof, the resin extracted from any part of
such plant; and | ||
any compound, manufacture, salt, derivative, mixture, or
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preparation of such plant, its seeds, or resin, including | ||
tetrahydrocannabinol
(THC) and all other cannabinol | ||
derivatives, including its naturally occurring
or | ||
synthetically produced ingredients, whether produced directly | ||
or indirectly
by extraction, or independently by means of | ||
chemical synthesis or by a
combination
of extraction and | ||
chemical synthesis; but shall not include the mature stalks
of | ||
such plant, fiber produced from such stalks, oil or cake made | ||
from the
seeds of such plant, any other compound, manufacture, | ||
salt, derivative,
mixture, or preparation of such mature stalks | ||
(except the resin extracted
therefrom), fiber, oil or cake, or | ||
the sterilized seed of such plant which
is incapable of | ||
germination. "Cannabis" does not include industrial hemp as | ||
defined and authorized under the Industrial Hemp Act.
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(b) "Casual delivery" means the delivery of not more than | ||
10 grams of
any substance containing cannabis without | ||
consideration.
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(c) "Department" means the Illinois Department of Human | ||
Services (as
successor to the Department of Alcoholism and | ||
Substance Abuse) or its successor agency.
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(d) "Deliver" or "delivery" means the actual, constructive | ||
or attempted
transfer of possession of cannabis, with or | ||
without consideration, whether
or not there is an agency |
relationship.
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(e) "Department of State Police" means the Department
of | ||
State Police of the State of Illinois or its successor agency.
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(f) "Director" means the Director of the Department of | ||
State Police
or his designated agent.
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(g) "Local authorities" means a duly organized State, | ||
county, or municipal
peace unit or police force.
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(h) "Manufacture" means the production, preparation, | ||
propagation,
compounding,
conversion or processing of | ||
cannabis, either directly or indirectly, by
extraction from | ||
substances of natural origin, or independently by means
of | ||
chemical synthesis, or by a combination of extraction and | ||
chemical
synthesis,
and includes any packaging or repackaging | ||
of cannabis or labeling of its
container, except that this term | ||
does not include the preparation, compounding,
packaging, or | ||
labeling of cannabis as an incident to lawful research, | ||
teaching,
or chemical analysis and not for sale.
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(i) "Person" means any individual, corporation, government | ||
or governmental
subdivision or agency, business trust, estate, | ||
trust, partnership or association,
or any other entity.
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(j) "Produce" or "production" means planting, cultivating, | ||
tending or harvesting.
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(k) "State" includes the State of Illinois and any state, | ||
district, commonwealth,
territory, insular possession thereof, | ||
and any area subject to the legal
authority of the United | ||
States of America.
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(l) "Subsequent offense" means an offense under this Act, | ||
the offender
of which, prior to his conviction of the offense, | ||
has at any time been convicted
under this Act or under any laws | ||
of the United States or of any state relating
to cannabis, or | ||
any controlled substance as defined in the Illinois Controlled
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Substances Act.
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(Source: P.A. 89-507, eff. 7-1-97 .)
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Section 999. Effective date. This Act takes effect upon | ||
becoming law.
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