(720 ILCS 550/15.1) (from Ch. 56 1/2, par. 715.1)
Sec. 15.1.
(a) If any cannabis derivative is designated or rescheduled
as a controlled substance under federal law and notice thereof is given to
the Department, the Department shall similarly control the substance under
the Illinois Controlled Substances Act after the expiration of 30 days from
publication in the Federal Register of a final order designating a
substance as a controlled substance or rescheduling a substance unless
within that 30 day period the Department objects, or a party adversely
affected files with the Department substantial written objections
to inclusion or rescheduling. In that case, the Department shall publish
the reasons for objection or the substantial written objections and afford
all interested parties an opportunity to be heard. At the conclusion of the
hearing, the Department shall publish its decision, by means of a rule,
which shall be final unless altered by statute. Upon publication of
objections by the Department, similar control under the Illinois Controlled
Substances Act whether by inclusion or rescheduling is suspended until the
Department publishes its ruling.
(b) If any cannabis derivative is deleted as a controlled substance under
Federal law and notice thereof is given to the Department, the Department
shall similarly control the substance under this Act after
the expiration of 30 days from publication in the Federal Register of a
final order deleting a substance as a controlled substance or rescheduling a
substance unless within that 30 day period the Department objects, or a
party adversely affected files with the Department substantial written
objections to inclusion or rescheduling. In that case, the
Department shall publish the reasons for objection or the substantial
written objections and afford all interested parties an opportunity to be
heard. At the conclusion of the hearing, the Department shall publish its
decision, by means of a rule, which shall be final unless altered by
statute. Upon publication of objections by the Department, similar control
under this Act whether by inclusion or rescheduling is
suspended until the Department publishes its ruling.
(c) Cannabis derivatives are deemed to be regulated under this Act until
such time as those derivatives are scheduled as provided for under the
Illinois Controlled Substances Act. Following such scheduling, those
derivatives shall be excepted from this Act and shall be regulated pursuant
to the Illinois Controlled Substances Act. At such time that any derivative
is deleted from schedules provided for under the Illinois Controlled Substances
Act, that derivative shall be
regulated pursuant to this Act.
(Source: P.A. 98-756, eff. 7-16-14.)
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