Illinois General Assembly

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Full Text of HB5085  98th General Assembly


Rep. David R. Leitch

Filed: 3/26/2014





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2    AMENDMENT NO. ______. Amend House Bill 5085 by replacing
3everything after the enacting clause with the following:
4    "Section 1. Short title. This Act may be cited as the
5Industrial Hemp Research and Production Act.
6    Section 5. Definitions. As used in this Act:
7    "Department" means the Illinois Department of Agriculture.
8    "Director" means the Director of Agriculture.
9    "Fund" means the Industrial Hemp Production Oversight
11    "Industrial hemp" means cannabis sativa L. having no more
12than three-tenths of 1% Delta-9-tetrahydrocannabinol.
13    Section 10. Industrial hemp license.
14    (a) Any person growing or processing industrial hemp for
15commercial purposes or research shall apply to the Department



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1for a license on a form prescribed by the Department. The
2application for a license shall include the name and address of
3the applicant and the legal description of the land area to be
4used to produce or process industrial hemp. Except for
5employees of the Department and employees of state universities
6involved in research-related activities, the Director shall
7require each applicant for initial licensure to submit to State
8and national criminal history records check. An applicant for a
9second or subsequent license shall submit to an additional
10State and national criminal history records check if the last
11submission of a records check was 5 or more years earlier. The
12criminal history records check shall be conducted by the
13Department of State Police. The Department of State Police
14shall not charge a fee for conducting the criminal history
15records check greater than the actual cost of the records
17    (b) All costs associated with the criminal history records
18check shall be paid by the applicant. Criminal history records
19provided to the Director under this Act shall be held
20confidential. The Director may use the records only in
21determining an applicant's eligibility for licensure. Any
22person with a prior conviction of the Illinois Controlled
23Substances Act, the Methamphetamine Control and Community
24Protection Act, or the Cannabis Control Act shall be ineligible
25for licensure.
26    (c) If the applicant has completed the application process



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1to the satisfaction of the Director, including submitting a
2$100 nonrefundable application fee and the fee for the criminal
3history records check, the Director shall issue the license,
4which shall be valid for a period of one year. Any person
5licensed under this Act shall be presumed to be growing or
6processing industrial hemp for commercial purposes or
8    (d) A license under this Act shall not be conditioned on or
9subject to review or approval by the United States Drug
10Enforcement Agency. This subsection (d) does not apply to any
11person licensed by the United States Drug Enforcement Agency to
12conduct research.
13    (e) Each licensee shall file with the Department
14documentation indicating that the seeds planted were a type and
15variety certified to have no more than three-tenths of 1%
16tetrahydrocannabinol and a copy of any contract to grow
17industrial hemp. Each licensee shall notify the Department of
18the sale or distribution of any industrial hemp grown by the
19licensee and the names of the persons to whom the hemp was sold
20or distributed.
21    (f) Except as provided in this Section, persons without a
22license issued under this Section may not plant, grow, or
23process raw industrial hemp.
24    (g) The Department shall adopt rules establishing
25procedures for revocation of licenses and fines for violation
26of this Act.



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1    Section 15. Rules and fees. The Department shall adopt
2rules to allow industrial hemp to be tested during growth for
3Delta-9-tetrahydrocannabinol (Delta-9-THC) levels and to allow
4for supervision during the growing, harvesting, and processing
5of industrial hemp. To provide sufficient funds to pay costs
6associated with monitoring and testing industrial hemp in this
7State, the Department shall assess each applicant a fee of $5
8per acre of industrial hemp grown or $150, whichever is
9greater. The funds collected from this fee shall be deposited
10into the Industrial Hemp Production Oversight Fund.
11    Section 20. The Industrial Hemp Production Oversight Fund.
12The Industrial Hemp Production Oversight Fund is hereby created
13as a special fund in the State treasury. All fines and license,
14monitoring, and testing fees assessed under this Act shall be
15deposited into the Fund. The Fund may receive gifts, grants,
16and federal and State appropriations. The fund shall be used by
17the Department for costs associated with the implementation of
18this Act.
19    Section 900. The State Finance Act is amended by adding
20Section 5.855 as follows:
21    (30 ILCS 105/5.855 new)
22    Sec. 5.855. The Industrial Hemp Production Oversight Fund.



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1    Section 905. The Illinois Noxious Weed Law is amended by
2changing Section 2 as follows:
3    (505 ILCS 100/2)  (from Ch. 5, par. 952)
4    Sec. 2. As used in this Act: (1) "Person" means any
5individual, partnership, firm, corporation, company, society,
6association, the State or any department, agency, or
7subdivision thereof, or any other entity.
8    (2) "Control", "controlled" or "controlling" includes
9being in charge of or being in possession, whether as owner,
10lessee, renter, or tenant, under statutory authority, or
12    (3) "Director" means the Director of the Department of
13Agriculture of the State of Illinois, or his duly appointed
15    (4) "Department" means the Department of Agriculture of the
16State of Illinois.
17    (5) "Noxious weed" means any plant which is determined by
18the Director, the Dean of the College of Agriculture of the
19University of Illinois and the Director of the Agricultural
20Experiment Station at the University of Illinois, to be
21injurious to public health, crops, livestock, land or other
22property. "Noxious weed" does not include industrial hemp as
23defined and authorized under the Industrial Hemp Research and
24Production Act.



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1    (6) "Control Authority" means the governing body of each
2county, and shall represent all rural areas and cities,
3villages and townships within the county boundaries.
4    (7) "Applicable fund" means the fund current at the time
5the work is performed or the money is received.
6(Source: P.A. 77-1037.)
7    Section 910. The Cannabis Control Act is amended by
8changing Section 3 as follows:
9    (720 ILCS 550/3)  (from Ch. 56 1/2, par. 703)
10    Sec. 3. As used in this Act, unless the context otherwise
12    (a) "Cannabis" includes marihuana, hashish and other
13substances which are identified as including any parts of the
14plant Cannabis Sativa, whether growing or not; the seeds
15thereof, the resin extracted from any part of such plant; and
16any compound, manufacture, salt, derivative, mixture, or
17preparation of such plant, its seeds, or resin, including
18tetrahydrocannabinol (THC) and all other cannabinol
19derivatives, including its naturally occurring or
20synthetically produced ingredients, whether produced directly
21or indirectly by extraction, or independently by means of
22chemical synthesis or by a combination of extraction and
23chemical synthesis; but shall not include the mature stalks of
24such plant, fiber produced from such stalks, oil or cake made



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1from the seeds of such plant, any other compound, manufacture,
2salt, derivative, mixture, or preparation of such mature stalks
3(except the resin extracted therefrom), fiber, oil or cake, or
4the sterilized seed of such plant which is incapable of
5germination. "Cannabis" does not include industrial hemp as
6defined and authorized under the Industrial Hemp Research and
7Production Act.
8    (b) "Casual delivery" means the delivery of not more than
910 grams of any substance containing cannabis without
11    (c) "Department" means the Illinois Department of Human
12Services (as successor to the Department of Alcoholism and
13Substance Abuse) or its successor agency.
14    (d) "Deliver" or "delivery" means the actual, constructive
15or attempted transfer of possession of cannabis, with or
16without consideration, whether or not there is an agency
18    (e) "Department of State Police" means the Department of
19State Police of the State of Illinois or its successor agency.
20    (f) "Director" means the Director of the Department of
21State Police or his designated agent.
22    (g) "Local authorities" means a duly organized State,
23county, or municipal peace unit or police force.
24    (h) "Manufacture" means the production, preparation,
25propagation, compounding, conversion or processing of
26cannabis, either directly or indirectly, by extraction from



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1substances of natural origin, or independently by means of
2chemical synthesis, or by a combination of extraction and
3chemical synthesis, and includes any packaging or repackaging
4of cannabis or labeling of its container, except that this term
5does not include the preparation, compounding, packaging, or
6labeling of cannabis as an incident to lawful research,
7teaching, or chemical analysis and not for sale.
8    (i) "Person" means any individual, corporation, government
9or governmental subdivision or agency, business trust, estate,
10trust, partnership or association, or any other entity.
11    (j) "Produce" or "production" means planting, cultivating,
12tending or harvesting.
13    (k) "State" includes the State of Illinois and any state,
14district, commonwealth, territory, insular possession thereof,
15and any area subject to the legal authority of the United
16States of America.
17    (l) "Subsequent offense" means an offense under this Act,
18the offender of which, prior to his conviction of the offense,
19has at any time been convicted under this Act or under any laws
20of the United States or of any state relating to cannabis, or
21any controlled substance as defined in the Illinois Controlled
22Substances Act.
23(Source: P.A. 89-507, eff. 7-1-97.)
24    Section 999. Effective date. This Act takes effect upon
25becoming law.".