Bill Amendment: IL SB2298 | 2017-2018 | 100th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: INDUSTRIAL HEMP ACT
Status: 2018-08-26 - Public Act . . . . . . . . . 100-1091 [SB2298 Detail]
Download: Illinois-2017-SB2298-Senate_Amendment_001.html
Bill Title: INDUSTRIAL HEMP ACT
Status: 2018-08-26 - Public Act . . . . . . . . . 100-1091 [SB2298 Detail]
Download: Illinois-2017-SB2298-Senate_Amendment_001.html
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1 | AMENDMENT TO SENATE BILL 2298
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2 | AMENDMENT NO. ______. Amend Senate Bill 2298 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 1. Short title. This Act may be cited as the | ||||||
5 | Industrial Hemp Act.
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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 the plant Cannabis sativa L. and | ||||||
10 | any part of that plant, whether growing or not, with a delta-9 | ||||||
11 | tetrahydrocannabinol concentration of not more than 0.3 | ||||||
12 | percent on a dry weight basis that has been cultivated under a | ||||||
13 | license issued under this Act or is otherwise lawfully present | ||||||
14 | in this State, and includes any intermediate or finished | ||||||
15 | product made or derived from industrial hemp. | ||||||
16 | "Land area" means a farm as defined in Section 1-60 of the |
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1 | Property Tax Code in this State or land or facilities under the | ||||||
2 | control of an institution of higher education. | ||||||
3 | "Person" means any individual, partnership, firm, | ||||||
4 | corporation, company, society, association, the State or any | ||||||
5 | department, agency, or subdivision thereof, or any other | ||||||
6 | entity. | ||||||
7 | "Process" means the conversion of raw industrial hemp plant | ||||||
8 | material into a form that is presently legal to import from | ||||||
9 | outside the United States under federal law. | ||||||
10 | "THC" means delta-9 tetrahydrocannabinol.
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11 | Section 10. Licenses and registration. | ||||||
12 | (a) Under Section 5940 of Title 7 of the United States | ||||||
13 | Code, no person shall cultivate industrial hemp in this State | ||||||
14 | without a license issued by the Department.
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15 | (b) The application for a license shall include: | ||||||
16 | (1) the name and address of the applicant; | ||||||
17 | (2) the legal description of the land area, including | ||||||
18 | Global Positioning System coordinates, to be used to | ||||||
19 | cultivate industrial hemp; and | ||||||
20 | (3) if federal law requires a research purpose for the | ||||||
21 | cultivation of industrial hemp, a description of one or | ||||||
22 | more research purposes planned for the cultivation of | ||||||
23 | industrial hemp which may include the study of the growth, | ||||||
24 | cultivation, or marketing of industrial hemp; however, the | ||||||
25 | research purpose requirement shall not be construed to |
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1 | limit the commercial sale of industrial hemp. | ||||||
2 | (b-5) A person shall not process industrial hemp in this | ||||||
3 | State without registering with the Department on a form | ||||||
4 | prescribed by the Department. | ||||||
5 | (c) The Department may determine, by rule, the duration of | ||||||
6 | a license or registration; application, registration, and | ||||||
7 | license fees; and the requirements for license or registration | ||||||
8 | renewal.
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9 | Section 15. Rules. | ||||||
10 | (a) The application and licensing requirements shall be | ||||||
11 | determined by the Department and set by rule within 120 days of | ||||||
12 | the effective date of this Act. | ||||||
13 | (b) The rules set by the Department shall include one
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14 | yearly inspection of a licensed industrial hemp cultivation | ||||||
15 | operation and allow for additional unannounced inspections of a
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16 | licensed industrial hemp cultivation operation at the | ||||||
17 | Department's discretion. | ||||||
18 | (c) The Department shall adopt rules necessary for the | ||||||
19 | administration and enforcement of this Act, including rules | ||||||
20 | concerning standards and criteria for licensure and | ||||||
21 | registration, for the payment of applicable fees, signage, and | ||||||
22 | for forms required for the administration of this Act. | ||||||
23 | (d) The Department shall adopt rules for the testing of the | ||||||
24 | industrial hemp THC levels and the disposal of plant matter | ||||||
25 | exceeding lawful THC levels, including an option for a |
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1 | cultivator to retest for a minor violation, with the retest | ||||||
2 | threshold determined by the Department and set in rule. Those | ||||||
3 | rules may provide for the use of seed certified to meet the THC | ||||||
4 | levels mandated by this Act as an alternative to testing.
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5 | Section 17. Administrative hearings. Administrative | ||||||
6 | hearings involving licensees under the Act shall be conducted | ||||||
7 | under the Department's rules governing formal administrative | ||||||
8 | proceedings.
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9 | Section 18. Industrial Hemp Regulatory Fund. There is | ||||||
10 | created in the State treasury a special fund to be known as the | ||||||
11 | Industrial Hemp Regulatory Fund. All fees and fines collected | ||||||
12 | by the Department under this Act shall be deposited into the | ||||||
13 | Fund. Moneys in the Fund shall be utilized by the Department | ||||||
14 | for the purposes of implementation, administration, and | ||||||
15 | enforcement of this Act.
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16 | Section 19. Immunity. A person employed by the Department | ||||||
17 | shall not be subject to criminal or civil penalties for taking | ||||||
18 | any action under this Act when the actions are within the scope | ||||||
19 | of his or her employment. Representation and indemnification of | ||||||
20 | Department employees shall be provided to Department employees | ||||||
21 | as set forth in Section 2 of the State Employee Indemnification | ||||||
22 | Act.
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1 | Section 20. Hemp products. Nothing in this Act shall alter | ||||||
2 | the legality of hemp or hemp products that are presently legal | ||||||
3 | to possess or own.
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4 | Section 25. Violation of federal law. Nothing in this Act | ||||||
5 | shall be construed to authorize any person to violate federal | ||||||
6 | rules, regulations, or laws. If any part of this Act conflicts | ||||||
7 | with a provision of the federal laws regarding industrial hemp, | ||||||
8 | the federal provisions shall control to the extent of the | ||||||
9 | conflict.
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10 | Section 895. The State Finance Act is amended by adding | ||||||
11 | Section 5.886 as follows:
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12 | (30 ILCS 105/5.886 new) | ||||||
13 | Sec. 5.886. The Industrial Hemp Regulatory Fund.
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14 | Section 900. The Illinois Noxious Weed Law is amended by | ||||||
15 | changing Section 2 as follows:
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16 | (505 ILCS 100/2) (from Ch. 5, par. 952)
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17 | Sec. 2. As used in this Act: | ||||||
18 | (1) "Person" means any individual, partnership,
firm, | ||||||
19 | corporation, company, society, association, the State or any
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20 | department, agency, or subdivision thereof, or any other | ||||||
21 | entity.
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1 | (2) "Control", "controlled" or "controlling" includes | ||||||
2 | being in
charge of or being in possession, whether as owner, | ||||||
3 | lessee, renter, or
tenant, under statutory authority, or | ||||||
4 | otherwise.
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5 | (3) "Director" means the Director of the Department of | ||||||
6 | Agriculture
of the State of Illinois, or his or her duly | ||||||
7 | appointed representative.
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8 | (4) "Department" means the Department of Agriculture of the | ||||||
9 | State of
Illinois.
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10 | (5) "Noxious weed" means any plant which is determined by | ||||||
11 | the
Director, the Dean of the College of Agricultural, Consumer | ||||||
12 | and Environmental Sciences of the University of
Illinois and | ||||||
13 | the Director of the Agricultural Experiment Station at the
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14 | University of Illinois, to be injurious to public health, | ||||||
15 | crops,
livestock, land or other property. "Noxious weed" does | ||||||
16 | not include industrial hemp as defined and authorized under the | ||||||
17 | Industrial Hemp Act.
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18 | (6) "Control Authority" means the governing body of each | ||||||
19 | county, and
shall represent all rural areas and cities, | ||||||
20 | villages and townships
within the county boundaries.
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21 | (7) "Applicable fund" means the fund current at the time | ||||||
22 | the work is
performed or the money is received.
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23 | (Source: P.A. 99-539, eff. 7-8-16.)
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24 | Section 905. The Cannabis Control Act is amended by | ||||||
25 | changing Sections 3 and 8 as follows:
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1 | (720 ILCS 550/3) (from Ch. 56 1/2, par. 703)
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2 | Sec. 3. As used in this Act, unless the context otherwise | ||||||
3 | requires:
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4 | (a) "Cannabis" includes marihuana, hashish and other | ||||||
5 | substances which
are identified as including any parts of the | ||||||
6 | plant Cannabis Sativa, whether
growing or not; the seeds | ||||||
7 | thereof, the resin extracted from any part of
such plant; and | ||||||
8 | any compound, manufacture, salt, derivative, mixture, or
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9 | preparation of such plant, its seeds, or resin, including | ||||||
10 | tetrahydrocannabinol
(THC) and all other cannabinol | ||||||
11 | derivatives, including its naturally occurring
or | ||||||
12 | synthetically produced ingredients, whether produced directly | ||||||
13 | or indirectly
by extraction, or independently by means of | ||||||
14 | chemical synthesis or by a
combination
of extraction and | ||||||
15 | chemical synthesis; but shall not include the mature stalks
of | ||||||
16 | such plant, fiber produced from such stalks, oil or cake made | ||||||
17 | from the
seeds of such plant, any other compound, manufacture, | ||||||
18 | salt, derivative,
mixture, or preparation of such mature stalks | ||||||
19 | (except the resin extracted
therefrom), fiber, oil or cake, or | ||||||
20 | the sterilized seed of such plant which
is incapable of | ||||||
21 | germination. "Cannabis" does not include industrial hemp as | ||||||
22 | defined and authorized under the Industrial Hemp Act.
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23 | (b) "Casual delivery" means the delivery of not more than | ||||||
24 | 10 grams of
any substance containing cannabis without | ||||||
25 | consideration.
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1 | (c) "Department" means the Illinois Department of Human | ||||||
2 | Services (as
successor to the Department of Alcoholism and | ||||||
3 | Substance Abuse) or its successor agency.
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4 | (d) "Deliver" or "delivery" means the actual, constructive | ||||||
5 | or attempted
transfer of possession of cannabis, with or | ||||||
6 | without consideration, whether
or not there is an agency | ||||||
7 | relationship.
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8 | (e) "Department of State Police" means the Department
of | ||||||
9 | State Police of the State of Illinois or its successor agency.
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10 | (f) "Director" means the Director of the Department of | ||||||
11 | State Police
or his designated agent.
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12 | (g) "Local authorities" means a duly organized State, | ||||||
13 | county, or municipal
peace unit or police force.
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14 | (h) "Manufacture" means the production, preparation, | ||||||
15 | propagation,
compounding,
conversion or processing of | ||||||
16 | cannabis, either directly or indirectly, by
extraction from | ||||||
17 | substances of natural origin, or independently by means
of | ||||||
18 | chemical synthesis, or by a combination of extraction and | ||||||
19 | chemical
synthesis,
and includes any packaging or repackaging | ||||||
20 | of cannabis or labeling of its
container, except that this term | ||||||
21 | does not include the preparation, compounding,
packaging, or | ||||||
22 | labeling of cannabis as an incident to lawful research, | ||||||
23 | teaching,
or chemical analysis and not for sale.
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24 | (i) "Person" means any individual, corporation, government | ||||||
25 | or governmental
subdivision or agency, business trust, estate, | ||||||
26 | trust, partnership or association,
or any other entity.
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1 | (j) "Produce" or "production" means planting, cultivating, | ||||||
2 | tending or harvesting.
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3 | (k) "State" includes the State of Illinois and any state, | ||||||
4 | district, commonwealth,
territory, insular possession thereof, | ||||||
5 | and any area subject to the legal
authority of the United | ||||||
6 | States of America.
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7 | (l) "Subsequent offense" means an offense under this Act, | ||||||
8 | the offender
of which, prior to his conviction of the offense, | ||||||
9 | has at any time been convicted
under this Act or under any laws | ||||||
10 | of the United States or of any state relating
to cannabis, or | ||||||
11 | any controlled substance as defined in the Illinois Controlled
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12 | Substances Act.
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13 | (Source: P.A. 89-507, eff. 7-1-97 .)
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14 | Section 999. Effective date. This Act takes effect upon | ||||||
15 | becoming law.".
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