HB2668 EngrossedLRB098 10464 CEL 40685 b

1    AN ACT concerning agriculture.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4
ARTICLE 5

 
5    Section 5-1. Short title. This Act may be cited as the
6Industrial Hemp Research Act.
 
7    Section 5-5. Definitions. For the purposes of this Act:
8    "Department" means the Department of Agriculture.
9    "Industrial hemp" means any variety of Cannabis sativa L.
10with a delta-9 tetrahydrocannabinol (THC) concentration that
11does not exceed 0.3% on a dry weight basis and that is grown in
12compliance with federal and State licensing conditions.
 
13    Section 5-10. Industrial hemp study. Public universities
14in the State are authorized to study the feasibility and
15desirability of industrial hemp production in this State. This
16authority expires on January 1, 2019 and is subject to renewal.
17Any study shall include an analysis of required soils and
18growing conditions, seed availability and varieties, including
19in-the-ground seed variety trials, harvest methods, market
20economies, and environmental benefits. Research shall include
21finding high producing, high quality varieties with a zero

 

 

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1percent level of THC. In addition, research shall address the
2potential impact of commercial production of industrial hemp on
3law enforcement, including, but not limited to, the impact on
4the State's crime laboratory system. Any public university in
5the State shall obtain all federal and State permits needed to
6legally grow industrial hemp for fiber or seed production prior
7to importing any non-sterilized industrial hemp seeds capable
8of germination into the State. All research conducted in this
9Section is subject to the availability of funding, which shall
10be sought by institutions performing the research from federal,
11private, corporate, and other sources other than the State of
12Illinois. Any university conducting the research shall report
13its research, progress, and any findings and recommendations to
14the General Assembly by January 1, 2017.
 
15
ARTICLE 10

 
16    Section 10-5. The Cannabis Control Act is amended by
17changing Section 3 as follows:
 
18    (720 ILCS 550/3)  (from Ch. 56 1/2, par. 703)
19    Sec. 3. As used in this Act, unless the context otherwise
20requires:
21    (a) "Cannabis" includes marihuana, hashish and other
22substances which are identified as including any parts of the
23plant Cannabis Sativa, whether growing or not; the seeds

 

 

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1thereof, the resin extracted from any part of such plant; and
2any compound, manufacture, salt, derivative, mixture, or
3preparation of such plant, its seeds, or resin, including
4tetrahydrocannabinol (THC) and all other cannabinol
5derivatives, including its naturally occurring or
6synthetically produced ingredients, whether produced directly
7or indirectly by extraction, or independently by means of
8chemical synthesis or by a combination of extraction and
9chemical synthesis; but shall not include the mature stalks of
10such plant, fiber produced from such stalks, oil or cake made
11from the seeds of such plant, any other compound, manufacture,
12salt, derivative, mixture, or preparation of such mature stalks
13(except the resin extracted therefrom), fiber, oil or cake, or
14the sterilized seed of such plant which is incapable of
15germination, or industrial hemp solely as authorized for the
16purposes of the Industrial Hemp Research Act.
17    (b) "Casual delivery" means the delivery of not more than
1810 grams of any substance containing cannabis without
19consideration.
20    (c) "Department" means the Illinois Department of Human
21Services (as successor to the Department of Alcoholism and
22Substance Abuse) or its successor agency.
23    (d) "Deliver" or "delivery" means the actual, constructive
24or attempted transfer of possession of cannabis, with or
25without consideration, whether or not there is an agency
26relationship.

 

 

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1    (e) "Department of State Police" means the Department of
2State Police of the State of Illinois or its successor agency.
3    (f) "Director" means the Director of the Department of
4State Police or his designated agent.
5    (g) "Local authorities" means a duly organized State,
6county, or municipal peace unit or police force.
7    (h) "Manufacture" means the production, preparation,
8propagation, compounding, conversion or processing of
9cannabis, either directly or indirectly, by extraction from
10substances of natural origin, or independently by means of
11chemical synthesis, or by a combination of extraction and
12chemical synthesis, and includes any packaging or repackaging
13of cannabis or labeling of its container, except that this term
14does not include the preparation, compounding, packaging, or
15labeling of cannabis as an incident to lawful research,
16teaching, or chemical analysis and not for sale.
17    (i) "Person" means any individual, corporation, government
18or governmental subdivision or agency, business trust, estate,
19trust, partnership or association, or any other entity.
20    (j) "Produce" or "production" means planting, cultivating,
21tending or harvesting.
22    (k) "State" includes the State of Illinois and any state,
23district, commonwealth, territory, insular possession thereof,
24and any area subject to the legal authority of the United
25States of America.
26    (l) "Subsequent offense" means an offense under this Act,

 

 

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1the offender of which, prior to his conviction of the offense,
2has at any time been convicted under this Act or under any laws
3of the United States or of any state relating to cannabis, or
4any controlled substance as defined in the Illinois Controlled
5Substances Act.
6(Source: P.A. 89-507, eff. 7-1-97.)
 
7    Section 10-10. The Cannabis and Controlled Substances Tort
8Claims Act is amended by changing Section 3 as follows:
 
9    (740 ILCS 20/3)  (from Ch. 70, par. 903)
10    Sec. 3. Definitions. As used in this Act, unless the
11context otherwise requires:
12    "Cannabis" includes marihuana, hashish, and other
13substances that are identified as including any parts of the
14plant Cannabis Sativa, whether growing or not, the seeds of
15that plant, the resin extracted from any part of that plant,
16and any compound, manufacture, salt, derivative, mixture, or
17preparation of that plant, its seeds, or resin, including
18tetrahydrocannabinol (THC) and all other cannabinol
19derivatives, including its naturally occurring or
20synthetically produced ingredients, whether produced directly
21or indirectly by extraction, independently by means of chemical
22synthesis, or by a combination of extraction and chemical
23synthesis. "Cannabis" does not include the mature stalks of
24that plant, fiber produced from those stalks, oil or cake made

 

 

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1from the seeds of that plant, any other compound, manufacture,
2salt, derivative, mixture, or preparation of mature stalks
3(except the extracted resin), fiber, oil or cake, or the
4sterilized seeds of that plant that are incapable of
5germination, or industrial hemp solely as authorized for the
6purposes of the Industrial Hemp Research Act.
7    "Controlled substance" means a drug, substance, or
8immediate precursor in the Schedules of Article II of the
9Illinois Controlled Substances Act.
10    "Counterfeit substance" means a controlled substance or
11the container or labeling of a controlled substance that,
12without authorization, bears the trademark, trade name, or
13other identifying mark, imprint, number, device, or any
14likeness thereof of a manufacturer, distributor, or dispenser
15other than the person who in fact manufactured, distributed, or
16dispensed the substance.
17    "Deliver" or "delivery" means the actual, constructive, or
18attempted transfer of possession of a controlled substance or
19cannabis, with or without consideration, whether or not there
20is an agency relationship.
21    "Manufacture" means the production, preparation,
22propagation, compounding, conversion, or processing of a
23controlled substance, either directly or indirectly, by
24extraction from substances of natural origin, independently by
25means of chemical synthesis, or by a combination of extraction
26and chemical synthesis, and includes any packaging or

 

 

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1repackaging of the substance or labeling of its container,
2except that the term does not include:
3        (1) by an ultimate user, the preparation or compounding
4    of a controlled substance for his own use;
5        (2) by a practitioner or his authorized agent under his
6    supervision, the preparation, compounding, packaging, or
7    labeling of a controlled substance:
8            (A) as an incident to his administering or
9        dispensing of a controlled substance in the course of
10        his professional practice; or
11            (B) as an incident to lawful research, teaching or
12        chemical analysis and not for sale; or
13        (3) the preparation, compounding, packaging, or
14    labeling of cannabis as an incident to lawful research,
15    teaching, or chemical analysis and not for sale.
16    "Owner" means a person who has possession of or any
17interest whatsoever in the property involved.
18    "Person" means an individual, a corporation, a government,
19a governmental subdivision or agency, a business trust, an
20estate, a trust, a partnership or association, or any other
21entity.
22    "Production" means planting, cultivating, tending, or
23harvesting.
24    "Property" means real property, including things growing
25on, affixed to, and found in land, and tangible or intangible
26personal property, including rights, services, privileges,

 

 

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1interests, claims, and securities.
2(Source: P.A. 96-328, eff. 8-11-09.)