SB3820 104TH GENERAL ASSEMBLY

LRB104 20131 BDA 33582 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3820

Introduced 2/6/2026, by Sen. Kimberly A. Lightford

SYNOPSIS AS INTRODUCED:

505 ILCS 89/5
505 ILCS 89/15
505 ILCS 89/20
720 ILCS 550/15.2

Amends the Industrial Hemp Act and the Cannabis Control Act. Makes changes to conform with changes in federal law. Directs the Department of Agriculture, within 12 months of the effective date of the amendatory Act, to adopt rules consistent with the changes in federal law with respect to hemp and industrial hemp reflected in the federal Continuing Appropriations, Agriculture, Legislative Branch, Military Construction and Veterans Affairs, and Extensions Act, 2026. Effective immediately.

A BILL FOR

AN ACT concerning agriculture.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Industrial Hemp Act is amended by changing Sections 5, 15, and 20 as follows:

(505 ILCS 89/5)

Sec. 5. Definitions. In this Act:

"Department" means the Department of Agriculture.

"Director" means the Director of Agriculture.

"Hemp" has the meaning given to that term in 7 U.S.C. 1639o. or "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 and includes any intermediate or finished product made or derived from industrial hemp.

"Hemp-derived cannabinoid product" has the meaning given to that term in 7 U.S.C. 1639o.

"Hemp production plan" means a plan submitted by the Department to the Secretary of the United States Department of Agriculture pursuant to 7 U.S.C. 1639p the federal Agriculture Improvement Act of 2018, Public Law 115-334, and consistent with the Domestic Hemp Production Program pursuant to 7 CFR Part 990 or successor regulations wherein the Department establishes its desire to have primary regulatory authority over the production of hemp.

"Industrial hemp" has the meaning given to that term in 7 U.S.C. 1639o.

"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 any delta-9 tetrahydrocannabinol.

(Source: P.A. 102-690, eff. 12-17-21.)

(505 ILCS 89/15)

Sec. 15. Rules.

(a) The Department shall submit to the Secretary of the United States Department of Agriculture a hemp production plan under which the Department monitors and regulates the production of industrial hemp in this State. The Department shall adopt rules incorporating the hemp production plan, including application and licensing requirements.

(b) The rules set by the Department shall include one yearly inspection of a licensed industrial hemp cultivation operation and allow for additional unannounced inspections of a 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 in accordance with all applicable State and federal laws and regulations, 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.

(e) Within 12 months of the effective date of this amendatory Act of the 104th General Assembly, the Department shall adopt rules consistent with the changes in federal law with respect to hemp and industrial hemp reflected in the federal Continuing Appropriations, Agriculture, Legislative Branch, Military Construction and Veterans Affairs, and Extensions Act, 2026 (Public Law 119-37).

(Source: P.A. 102-690, eff. 12-17-21.)

(505 ILCS 89/20)

Sec. 20. Hemp products. Nothing in this Act shall alter the legality of hemp or hemp products or hemp-derived cannabinoid products that are presently legal to possess or own.

(Source: P.A. 100-1091, eff. 8-26-18.)

Section 10. The Cannabis Control Act is amended by changing Section 15.2 as follows:

(720 ILCS 550/15.2)

Sec. 15.2. Industrial hemp pilot program.

(a) Pursuant to Section 7606 of the federal Agricultural Act of 2014, an institution of higher education or the Department of Agriculture may grow or cultivate industrial hemp if:

(1) the industrial hemp is grown or cultivated for purposes of research conducted under an agricultural pilot program or other agricultural or academic research;

(2) the pilot program studies the growth, cultivation, or marketing of industrial hemp; and

(3) any site used for the growing or cultivating of industrial hemp is certified by, and registered with, the Department of Agriculture.

(b) Before conducting industrial hemp research, an institution of higher education shall notify the Department of Agriculture and any local law enforcement agency in writing.

(c) The institution of higher education shall provide quarterly reports and an annual report to the Department of Agriculture on the research and the research program shall be subject to random inspection by the Department of Agriculture, the Illinois State Police, or local law enforcement agencies. The institution of higher education shall submit the annual report to the Department of Agriculture on or before October 1.

(d) The Department of Agriculture may adopt rules to implement this Section. In order to provide for the expeditious and timely implementation of this Section, upon notification by an institution of higher education that the institution wishes to engage in the growth or cultivation of industrial hemp for agricultural research purposes, the Department of Agriculture may adopt emergency rules under Section 5-45 of the Illinois Administrative Procedure Act to implement the provisions of this Section. If changes to the rules are required to comply with federal rules, the Department of Agriculture may adopt peremptory rules as necessary to comply with changes to corresponding federal rules. All other rules that the Department of Agriculture deems necessary to adopt in connection with this Section must proceed through the ordinary rule-making process. The adoption of emergency rules authorized by this Section shall be deemed to be necessary for the public interest, safety, and welfare.

The Department of Agriculture may determine, by rule, the duration of an institution of higher education's pilot program or industrial hemp research. If the institution of higher education has not completed its program within the timeframe established by rule, then the Department of Agriculture may grant an extension to the pilot program if unanticipated circumstances arose that impacted the program.

Within 12 months of the effective date of this amendatory Act of the 104th General Assembly, the Department of Agriculture shall adopt rules consistent with the changes in federal law with respect to hemp and industrial hemp reflected in the federal Continuing Appropriations, Agriculture, Legislative Branch, Military Construction and Veterans Affairs, and Extensions Act, 2026 (Public Law 119-37).

(e) As used in this Section:

"Industrial hemp" has the meaning given to that term in 7 U.S.C. 1639o means cannabis sativa L. having no more than 0.3% total THC available, upon heating, or maximum delta-9 tetrahydrocannabinol content possible.

"Institution of higher education" means a State institution of higher education that offers a 4-year degree in agricultural science.

(Source: P.A. 102-538, eff. 8-20-21.)

Section 99. Effective date. This Act takes effect upon becoming law.