102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4987

 

Introduced 1/27/2022, by Rep. Bob Morgan

 

SYNOPSIS AS INTRODUCED:
 
410 ILCS 705/55-100 new

    Amends the Cannabis Regulation and Tax Act. Provides that a cannabis business establishment licensed by the Department of Agriculture for cultivating, growing, processing, manufacturing, or infusing cannabis or a cannabis-infused product pursuant to the Cannabis Regulation and Tax Act or the Compassionate Use of Medicinal Cannabis Program Act may use industrial hemp as an ingredient in cannabis or a cannabis-infused product that is offered for sale at a dispensary. Provides that hemp flower may not be sold to a dispensary. Provides that industrial hemp may be procured from a licensed third-party grower or processor from within the State of Illinois or from any other state with a regulated industrial hemp program. Requires all hemp and hemp derivatives obtained by a cannabis business establishment to be obtained from a licensed or registered hemp grower or processor. Provides that a cultivation center that intends to use hemp or a hemp derivative must apply for, and be issued, a Hemp Processor License by the Department. Requires a representative sample of all final products containing industrial hemp or hemp derivatives to undergo specified testing. Contains other provisions. Effective immediately.


LRB102 24141 CPF 35353 b

 

 

A BILL FOR

 

HB4987LRB102 24141 CPF 35353 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Cannabis Regulation and Tax Act is amended
5by adding Section 55-100 as follows:
 
6    (410 ILCS 705/55-100 new)
7    Sec. 55-100. Hemp in cannabis-infused products.
8    (a) In this Section:
9    "Hemp" or "industrial hemp" has the same meaning as
10provided in Section 5 of the Industrial Hemp Act.
11    (b) A cannabis business establishment licensed by the
12Department for cultivating, growing, processing,
13manufacturing, or infusing cannabis or a cannabis-infused
14product pursuant to this Act or the Compassionate Use of
15Medicinal Cannabis Program Act may use industrial hemp as an
16ingredient in cannabis or a cannabis-infused product that is
17offered for sale at a dispensary. However, hemp flower may not
18be sold to a dispensary.
19    (c) Hemp obtained under subsection (b) must be used in
20extracted form and only in a cannabis-infused product.
21    (d) Industrial hemp may be procured from a licensed
22third-party grower or processor from within the State of
23Illinois or from any other state with a regulated industrial

 

 

HB4987- 2 -LRB102 24141 CPF 35353 b

1hemp program.
2    (e) All hemp and hemp derivatives obtained by a cannabis
3business establishment must be obtained from a licensed or
4registered hemp grower or processor, regardless of the
5grower's or processor's home state. A cannabis business
6establishment that obtains hemp or a hemp derivative must
7provide a copy of the hemp grower's or processor's license
8issued by Illinois or another state upon demand of the
9Department or the Illinois State Police.
10    (f) A cultivation center that intends to use hemp or a hemp
11derivative must apply for, and be issued, a Hemp Processor
12License by the Department.
13    (g) Industrial hemp flower and biomass may be purchased
14and extracted by a cultivation center.
15    (h) A cultivation center may procure or process industrial
16hemp in the form of distillate or isolate. All processed hemp
17derivatives must be accompanied by a certificate of analysis
18showing potency levels for delta-9 tetrahydrocannabinol (THC),
19THCa, CBD, and CBDa.
20    (i) The delta-9 tetrahydrocannabinol (THC) contained in
21hemp or a hemp derivative procured or processed under
22subsection (h) may not be concentrated above the allowable
230.3% threshold.
24    (j) Hemp or hemp derivatives may not be used to
25concentrate or to synthesize delta-9 tetrahydrocannabinol
26(THC), unless the concentration or synthesis of the hemp or

 

 

HB4987- 3 -LRB102 24141 CPF 35353 b

1hemp derivative is performed at a cultivation center, craft
2grower, or infuser.
3    (k) A representative sample of all final products
4containing industrial hemp or hemp derivatives must undergo
5testing pursuant to the Compassionate Use of Medical Cannabis
6Act, the Cannabis Regulation and Tax Act, and any applicable
7administrative rules.
 
8    Section 99. Effective date. This Act takes effect upon
9becoming law.