Section 1100.10  Definitions

 

"Act" means the Cannabis Control Act [720 ILCS 550].

 

"Agent in Charge" means the institution of higher education faculty member designated by the institution of higher education in the Application for Registration to have control and management over the day to day operations of the research project.

 

"Department" means the Illinois Department of Agriculture.

 

"Industrial Hemp" means cannabis sativa L. having no more than 0.3% total THC available, upon heating, or maximum delta-9 tetrahydrocannabinol content possible. (Section 15.2(e) of the Act)

 

"Institution of Higher Education" means a State institution of higher education that offers a 4-year degree in agricultural science. (Section 15.2(e) of the Act)

 

"Registration" means official recognition from the Department, required by federal law (7 USC 5940(b)(1)(B)(ii)), that an institution of higher education is certified to cultivate industrial hemp as part of a research project.

 

"Research Project" means a plan stating the objectives and purposes of the research being proposed and the methods and procedures for carrying out the research.

 

"Security Plan" means a plan to control and limit unauthorized access to industrial hemp, whether in seed, plant or harvested form, and methods used to prevent the inadvertent dissemination of industrial hemp.

 

Section 1100.20  General Provisions

 

a)         An institution of higher education shall not cultivate industrial hemp without first applying for and receiving a registration from the Department.

 

b)         The Agent in Charge is responsible for all communication between the institution of higher education and the Department during both the application period and throughout the duration of the research project and approved registration period.

 

c)         The Agent in Charge shall ultimately be responsible for all activities associated with the institution of higher education's cultivation of industrial hemp.

 

d)         All individuals involved in any manner in cultivating industrial hemp must be employees or students of the registered institution of higher education.

 

e)         A copy of the registration shall accompany any transportation of industrial hemp off registered premises.

 

Section 1100.30  Registration Required

 

a)         An institution of higher education shall not cultivate industrial hemp unless it has received a registration from the Department.

 

b)         The Department will only provide registration if:

 

1)         The industrial hemp is cultivated for purposes of agricultural or academic research; and

 

2)         The research project studies the cultivation or marketing of industrial hemp.

 

Section 1100.40  Application for Registration

 

An institution of higher education may apply for registration by submitting an Application for Registration form, which shall be provided by the Department and shall include, but not be limited to:

 

a)         A description of the research project;

 

b)         The name, if any, and either the legal description or global positioning coordinates of the locations where industrial hemp will be cultivated;

 

c)         The name, professional address, professional telephone number, and professional e-mail address of the Agent in Charge;

 

d)         The names of all individuals known at the time of application who will be involved in any manner in cultivating industrial hemp;

 

e)         A security plan describing how the institution of higher education plans to secure the industrial hemp;

 

f)         The anticipated start date and expected duration of the research project;

 

g)         A $100 application fee.

 

Section 1100.50  Department Decision on Application for Registration

 

a)                  In deciding whether to grant a registration, the Department may consider:

 

1)         Whether the proposed research project studies the cultivation or marketing of industrial hemp;

 

2)         The feasibility of the proposed research project;

 

3)         The feasibility and adequacy of the security plan;

 

4)         Prior violations of this Part or the Act by the institution of higher education or the Agent in Charge; and

 

5)         Whether the proposed research project would comply with local, Illinois and federal law specifically including Section 7606 of the Agricultural Act of 2014.

 

b)         The Department may request fingerprint-based background checks for any individual identified in the Application for Registration if it determines that there are concerns about the individual in question or if the Department receives communication from an identifiable individual or entity stating a reason why the Department should question the fitness of the applicant to work with a hemp program. Concerns that could lead to a request for a background check may include, but are not limited to, information related to criminal convictions; convictions/charges related to drug use, manufacturing or trafficking; mental illness or developmental disability, criminal affiliation, problems/issues that developed in association with previous involvement with a hemp program; etc. If background checks are requested, the Department will accept background checks from a livescan fingerprint vendor licensed by DFPR or from local law enforcement, or the Department will accept a background check that is on file with, or that was submitted to, the individual's employer, if that background check was performed within the 2 years prior to submission of the Application for Registration. The Department will consider any failure to submit to a background check as part of its evaluation of the Application for Registration. The results of any background check shall be kept confidential by the Department.

 

c)         The Department shall notify the institution of higher education of its decision in writing within 30 days.  The Department's decision is a final administrative decision and reviewable under the Administrative Review Law [735 ILCS 5/Art. III].

 

d)         The Application for Registration shall be incorporated into the registration and be binding on the institution of higher education, along with any other conditions imposed by the Department.  The Department may, at any time, impose additional conditions on the registration, including, but not limited to, security and disposal of industrial hemp.

 

e)         The term of the registration shall be as specified by the Department on the registration, not to exceed three years unless a longer period is authorized under Section 1100.60.

 

Section 1100.60  Amending Registration

 

a)                  An institution of higher education may apply in writing to the Department for an extension of the term of the registration by setting forth the need and reasons for the extension no more than 60 days prior to the original expiration of the term.

 

b)                  An institution of higher education may apply in writing to the Department for an amendment to any other provision of the registration by setting forth the need and reasons for the amendment.

 

c)                  In deciding whether to approve an extension or amendment, the Department shall consider the factors listed in Section 1100.50.

 

d)                  An institution of higher education shall not implement any amendment unless and until written approval has been received from the Department.

 

Section 1100.70  Notice to Local Law Enforcement

 

An institution of higher education registered by the Department to cultivate industrial hemp shall notify local law enforcement in writing at least 10 days prior to commencement of that cultivation.

 

Section 1100.80  Recordkeeping

 

a)         A registered institution of higher education shall create, maintain and make available accurate records, in a form and at a location satisfactory to the Department, that set forth, for the reporting period required by Section 1100.90, the following information:

 

1)         the name of the cultivars cultivated and the volume of each cultivar purchased, acquired and/or used; and

 

2)         the volume of industrial hemp:

 

A)        cultivated;

 

B)        harvested; and

 

C)        disposed of, along with the date, location and method of each disposal, if any.

 

b)         The records and materials referred to in subsection (a) shall be maintained on the registered premises and made available to the Department for two years from the date they were made or prepared.

 

Section 1100.90  Reports

 

a)         A registered institution of higher education shall provide quarterly reports to the Department detailing research results related to the issues and matters set forth in its Application for Registration as provided in the following chart:

 

Reporting Period		Due Date
July 1-September 30		October 15
October 1-December 31		January 15
January 1-March 31		April 15
April 1-June 30		July 15

 

b)         A registered institution of higher education shall also provide an annual report for the period July 1 through June 30 to the Department by October 1 of each year.

 

Section 1100.100  Inspections and Violations

 

a)         An institution of higher education registered to cultivate industrial hemp under this Part shall be subject to random inspections by the Department, the Illinois State Police, and local law enforcement agencies.

 

b)         The Department may revoke a registration for any violation of the provisions of the registration, this Part, or any federal, State or local law.  Revocation of the registration is a final administrative decision and reviewable under the Administrative Review Law.

 

c)         An institution of higher education shall comply with all Illinois and federal law, specifically including any permits required by the United States Drug Enforcement Administration.