HB5085ham001 98TH GENERAL ASSEMBLY

Rep. David R. Leitch

Filed: 3/26/2014

09800HB5085ham001 LRB098 16286 MLW 57570 a

AMENDMENT TO HOUSE BILL 5085

AMENDMENT NO. ______. Amend House Bill 5085 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Industrial Hemp Research and Production Act.

Section 5. Definitions. As used in this Act:

"Department" means the Illinois Department of Agriculture.

"Director" means the Director of Agriculture.

"Fund" means the Industrial Hemp Production Oversight Fund.

"Industrial hemp" means cannabis sativa L. having no more than three-tenths of 1% Delta-9-tetrahydrocannabinol.

Section 10. Industrial hemp license.

(a) Any person growing or processing industrial hemp for commercial purposes or research shall apply to the Department for a license on a form prescribed by the Department. The application for a license shall include the name and address of the applicant and the legal description of the land area to be used to produce or process industrial hemp. Except for employees of the Department and employees of state universities involved in research-related activities, the Director shall require each applicant for initial licensure to submit to State and national criminal history records check. An applicant for a second or subsequent license shall submit to an additional State and national criminal history records check if the last submission of a records check was 5 or more years earlier. The criminal history records check shall be conducted by the Department of State Police. The Department of State Police shall not charge a fee for conducting the criminal history records check greater than the actual cost of the records check.

(b) All costs associated with the criminal history records check shall be paid by the applicant. Criminal history records provided to the Director under this Act shall be held confidential. The Director may use the records only in determining an applicant's eligibility for licensure. Any person with a prior conviction of the Illinois Controlled Substances Act, the Methamphetamine Control and Community Protection Act, or the Cannabis Control Act shall be ineligible for licensure.

(c) If the applicant has completed the application process to the satisfaction of the Director, including submitting a $100 nonrefundable application fee and the fee for the criminal history records check, the Director shall issue the license, which shall be valid for a period of one year. Any person licensed under this Act shall be presumed to be growing or processing industrial hemp for commercial purposes or research.

(d) A license under this Act shall not be conditioned on or subject to review or approval by the United States Drug Enforcement Agency. This subsection (d) does not apply to any person licensed by the United States Drug Enforcement Agency to conduct research.

(e) Each licensee shall file with the Department documentation indicating that the seeds planted were a type and variety certified to have no more than three-tenths of 1% tetrahydrocannabinol and a copy of any contract to grow industrial hemp. Each licensee shall notify the Department of the sale or distribution of any industrial hemp grown by the licensee and the names of the persons to whom the hemp was sold or distributed.

(f) Except as provided in this Section, persons without a license issued under this Section may not plant, grow, or process raw industrial hemp.

(g) The Department shall adopt rules establishing procedures for revocation of licenses and fines for violation of this Act.

Section 15. Rules and fees. The Department shall adopt rules to allow industrial hemp to be tested during growth for Delta-9-tetrahydrocannabinol (Delta-9-THC) levels and to allow for supervision during the growing, harvesting, and processing of industrial hemp. To provide sufficient funds to pay costs associated with monitoring and testing industrial hemp in this State, the Department shall assess each applicant a fee of $5 per acre of industrial hemp grown or $150, whichever is greater. The funds collected from this fee shall be deposited into the Industrial Hemp Production Oversight Fund.

Section 20. The Industrial Hemp Production Oversight Fund. The Industrial Hemp Production Oversight Fund is hereby created as a special fund in the State treasury. All fines and license, monitoring, and testing fees assessed under this Act shall be deposited into the Fund. The Fund may receive gifts, grants, and federal and State appropriations. The fund shall be used by the Department for costs associated with the implementation of this Act.

Section 900. The State Finance Act is amended by adding Section 5.855 as follows:

(30 ILCS 105/5.855 new)

Sec. 5.855. The Industrial Hemp Production Oversight Fund.

Section 905. The Illinois Noxious Weed Law is amended by changing Section 2 as follows:

(505 ILCS 100/2) (from Ch. 5, par. 952)

Sec. 2. As used in this Act: (1) "Person" means any individual, partnership, firm, corporation, company, society, association, the State or any department, agency, or subdivision thereof, or any other entity.

(2) "Control", "controlled" or "controlling" includes being in charge of or being in possession, whether as owner, lessee, renter, or tenant, under statutory authority, or otherwise.

(3) "Director" means the Director of the Department of Agriculture of the State of Illinois, or his duly appointed representative.

(4) "Department" means the Department of Agriculture of the State of Illinois.

(5) "Noxious weed" means any plant which is determined by the Director, the Dean of the College of Agriculture of the University of Illinois and the Director of the Agricultural Experiment Station at the University of Illinois, to be injurious to public health, crops, livestock, land or other property. "Noxious weed" does not include industrial hemp as defined and authorized under the Industrial Hemp Research and Production Act.

(6) "Control Authority" means the governing body of each county, and shall represent all rural areas and cities, villages and townships within the county boundaries.

(7) "Applicable fund" means the fund current at the time the work is performed or the money is received.

(Source: P.A. 77-1037.)

Section 910. The Cannabis Control Act is amended by changing Section 3 as follows:

(720 ILCS 550/3) (from Ch. 56 1/2, par. 703)

Sec. 3. As used in this Act, unless the context otherwise requires:

(a) "Cannabis" includes marihuana, hashish and other substances which are identified as including any parts of the plant Cannabis Sativa, whether growing or not; the seeds thereof, the resin extracted from any part of such plant; and any compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds, or resin, including tetrahydrocannabinol (THC) and all other cannabinol derivatives, including its naturally occurring or synthetically produced ingredients, whether produced directly or indirectly by extraction, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis; but shall not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of such plant which is incapable of germination. "Cannabis" does not include industrial hemp as defined and authorized under the Industrial Hemp Research and Production Act.

(b) "Casual delivery" means the delivery of not more than 10 grams of any substance containing cannabis without consideration.

(c) "Department" means the Illinois Department of Human Services (as successor to the Department of Alcoholism and Substance Abuse) or its successor agency.

(d) "Deliver" or "delivery" means the actual, constructive or attempted transfer of possession of cannabis, with or without consideration, whether or not there is an agency relationship.

(e) "Department of State Police" means the Department of State Police of the State of Illinois or its successor agency.

(f) "Director" means the Director of the Department of State Police or his designated agent.

(g) "Local authorities" means a duly organized State, county, or municipal peace unit or police force.

(h) "Manufacture" means the production, preparation, propagation, compounding, conversion or processing of cannabis, either directly or indirectly, by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of cannabis or labeling of its container, except that this term does not include the preparation, compounding, packaging, or labeling of cannabis as an incident to lawful research, teaching, or chemical analysis and not for sale.

(i) "Person" means any individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other entity.

(j) "Produce" or "production" means planting, cultivating, tending or harvesting.

(k) "State" includes the State of Illinois and any state, district, commonwealth, territory, insular possession thereof, and any area subject to the legal authority of the United States of America.

(l) "Subsequent offense" means an offense under this Act, the offender of which, prior to his conviction of the offense, has at any time been convicted under this Act or under any laws of the United States or of any state relating to cannabis, or any controlled substance as defined in the Illinois Controlled Substances Act.

(Source: P.A. 89-507, eff. 7-1-97.)

Section 999. Effective date. This Act takes effect upon becoming law.".