HB2668ham001 98TH GENERAL ASSEMBLY

Rep. Kenneth Dunkin

Filed: 3/15/2013

09800HB2668ham001 LRB098 10464 CEL 43107 a

AMENDMENT TO HOUSE BILL 2668

AMENDMENT NO. ______. Amend House Bill 2668 by replacing everything after the enacting clause with the following:

"ARTICLE 1

Section 1-1. Short title. This Act may be cited as the Industrial Hemp Act.

Section 1-5. Definitions. In this Act:

"Department" means the Department of Agriculture.

"Director" means the Director of Agriculture.

"Industrial hemp" means fibres cultivated from plants of the cannabis genus with a THC (tetrahydrocannabinol) content of 0.3% or lower.

Section 1-10. Licenses.

(a) Any person desiring to grow, process, cultivate, or harvest industrial hemp or industrial hemp related products must be licensed by the Department.

(b) 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 grow or process industrial hemp.

(c) Each individual shall submit his or her fingerprints to the Department of State Police in an electronic format that complies with the form and manner for requesting and furnishing criminal history record information prescribed by the Department of State Police. The fingerprints submitted under this Section shall be checked against the fingerprint records filed in the Department of State Police criminal history record databases. The Department of State Police shall charge a fee for conducting the criminal history records check, which shall not exceed the actual cost of the records check. The Department of State Police shall provide information concerning any criminal convictions against the individual to the Department. No person with a prior felony conviction within 10 years of applying for a license shall be eligible for licensure.

(d) If the applicant completes the application process to the satisfaction of the Department, then the Department shall issue the license, which shall be valid for a period of one year.

Section 1-15. Rules.

(a) The application and licensing requirements shall be determined by the Department and set by rule.

(b) The rules set by the Department shall include one yearly inspection and one yearly surprise inspection of a licensed industrial hemp cultivation operation.

(c) Within 180 days after the federal government's approval of any waiver requested under this Act, the Department shall adopt rules necessary for the administration and enforcement of this Act, including rules concerning standards and criteria for licensure, for the payment of applicable fees that shall offset the cost of enforcement of this Act, and for forms required for the administration of this Act.

Section 1-20. Hemp products. Nothing in this Act shall alter the legality of hemp or hemp products that are presently legal to possess or own.

Section 1-25. Violation of federal law. Nothing in this Act shall be construed to authorize any person to violate federal rules, regulations, or laws. If any part of this Act conflicts with a provision of the federal laws regarding industrial hemp, the federal provisions shall control to the extent of the conflict.

Section 1-30. Home rule. It is declared to be the public policy of this State, under subsection (h) of Section 6 of Article VII of the Illinois Constitution of 1970, that any power or function set forth in this Act to be exercised by the State is an exclusive State power or function. The power or function shall not be exercised concurrently, either directly or indirectly, by any unit of local government, including home rule units, except as otherwise provided in this Act. This is a limitation of home rule powers.

ARTICLE 5

Section 5-1. Short title. This Act may be cited as the Industrial Hemp Research Act.

Section 5-5. Definitions. For the purposes of this Act:

"Department" means the Department of Agriculture.

"Industrial hemp" means any variety of Cannabis sativa L. with a delta-9 tetrahydrocannabinol (THC) concentration that does not exceed 0.3% on a dry weight basis and that is grown in compliance with federal and State licensing conditions.

Section 5-10. Industrial hemp study. Public universities in the State, except the University of Illinois at Chicago, are authorized to study the feasibility and desirability of industrial hemp production in this State. This authority expires on January 1, 2019 and is subject to renewal. Any study shall include an analysis of required soils and growing conditions, seed availability and varieties, including in-the-ground seed variety trials, harvest methods, market economies, and environmental benefits. Research shall include finding high producing, high quality varieties with a zero percent level of THC. In addition, research shall address the potential impact of commercial production of industrial hemp on law enforcement, including, but not limited to, the impact on the State's crime laboratory system. Any public university in the State shall obtain all federal and State permits needed to legally grow industrial hemp for fiber or seed production prior to importing any non-sterilized industrial hemp seeds capable of germination into the State. All research conducted in this Section is subject to the availability of funding, which shall be sought by institutions performing the research from federal, private, corporate, and other sources other than the State of Illinois. Any university conducting the research shall report its research, progress, and any findings and recommendations to the General Assembly by January 1, 2017.

ARTICLE 10

Section 10-5. 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, or industrial hemp solely as authorized for the purposes of the Industrial Hemp Research 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 10-10. The Cannabis and Controlled Substances Tort Claims Act is amended by changing Section 3 as follows:

(740 ILCS 20/3) (from Ch. 70, par. 903)

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

"Cannabis" includes marihuana, hashish, and other substances that are identified as including any parts of the plant Cannabis Sativa, whether growing or not, the seeds of that plant, the resin extracted from any part of that plant, and any compound, manufacture, salt, derivative, mixture, or preparation of that 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, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis. "Cannabis" does not include the mature stalks of that plant, fiber produced from those stalks, oil or cake made from the seeds of that plant, any other compound, manufacture, salt, derivative, mixture, or preparation of mature stalks (except the extracted resin), fiber, oil or cake, or the sterilized seeds of that plant that are incapable of germination, or industrial hemp solely as authorized for the purposes of the Industrial Hemp Research Act.

"Controlled substance" means a drug, substance, or immediate precursor in the Schedules of Article II of the Illinois Controlled Substances Act.

"Counterfeit substance" means a controlled substance or the container or labeling of a controlled substance that, without authorization, bears the trademark, trade name, or other identifying mark, imprint, number, device, or any likeness thereof of a manufacturer, distributor, or dispenser other than the person who in fact manufactured, distributed, or dispensed the substance.

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

"Manufacture" means the production, preparation, propagation, compounding, conversion, or processing of a controlled substance, either directly or indirectly, by extraction from substances of natural origin, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling of its container, except that the term does not include:

(1) by an ultimate user, the preparation or compounding of a controlled substance for his own use;

(2) by a practitioner or his authorized agent under his supervision, the preparation, compounding, packaging, or labeling of a controlled substance:

(A) as an incident to his administering or dispensing of a controlled substance in the course of his professional practice; or

(B) as an incident to lawful research, teaching or chemical analysis and not for sale; or

(3) the preparation, compounding, packaging, or labeling of cannabis as an incident to lawful research, teaching, or chemical analysis and not for sale.

"Owner" means a person who has possession of or any interest whatsoever in the property involved.

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

"Production" means planting, cultivating, tending, or harvesting.

"Property" means real property, including things growing on, affixed to, and found in land, and tangible or intangible personal property, including rights, services, privileges, interests, claims, and securities.

(Source: P.A. 96-328, eff. 8-11-09.)".