Full Text of HB3416 102nd General Assembly
HB3416enr 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Industrial Hemp Act is amended by changing | 5 | | Sections 5, 10, and 15 as follows: | 6 | | (505 ILCS 89/5)
| 7 | | Sec. 5. Definitions. In this Act: | 8 | | "Department" means the Department of Agriculture. | 9 | | "Director" means the Director of Agriculture. | 10 | | " Hemp" or "industrial Industrial hemp" means the plant | 11 | | Cannabis sativa L. and any part of that plant, whether growing | 12 | | or not, with a delta-9 tetrahydrocannabinol concentration of | 13 | | not more than 0.3 percent on a dry weight basis that has been | 14 | | cultivated under a license issued under this Act or is | 15 | | otherwise lawfully present in this State, and includes any | 16 | | intermediate or finished product made or derived from | 17 | | industrial hemp. | 18 | | "Hemp production plan" means a plan submitted by the | 19 | | Department to the Secretary of the United States Department of | 20 | | Agriculture pursuant to the federal Agriculture Improvement | 21 | | Act of 2018, Public Law 115-334, and consistent with the | 22 | | Domestic Hemp Production Program pursuant to 7 CFR Part 990 | 23 | | wherein the Department establishes its desire to have primary |
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| 1 | | regulatory authority over the production of hemp. | 2 | | "Land area" means a farm as defined in Section 1-60 of the | 3 | | Property Tax Code in this State or land or facilities under the | 4 | | control of an institution of higher education. | 5 | | "Person" means any individual, partnership, firm, | 6 | | corporation, company, society, association, the State or any | 7 | | department, agency, or subdivision thereof, or any other | 8 | | entity. | 9 | | "Process" means the conversion of raw industrial hemp | 10 | | plant material into a form that is presently legal to import | 11 | | from outside the United States under federal law. | 12 | | "THC" means delta-9 tetrahydrocannabinol.
| 13 | | (Source: P.A. 100-1091, eff. 8-26-18.) | 14 | | (505 ILCS 89/10)
| 15 | | Sec. 10. Licenses and registration. | 16 | | (a) No Under Section 5940 of Title 7 of the United States | 17 | | Code, no person shall cultivate industrial hemp in this State | 18 | | without a license issued by the Department.
| 19 | | (b) The application for a license shall include: | 20 | | (1) the name and address of the applicant; | 21 | | (2) the legal description of the land area, including | 22 | | Global Positioning System coordinates, to be used to | 23 | | cultivate industrial hemp; and | 24 | | (3) if federal law requires a research purpose for the | 25 | | cultivation of industrial hemp, a description of one or |
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| 1 | | more research purposes planned for the cultivation of | 2 | | industrial hemp which may include the study of the growth, | 3 | | cultivation, or marketing of industrial hemp; however, the | 4 | | research purpose requirement shall not be construed to | 5 | | limit the commercial sale of industrial hemp. | 6 | | (b-5) A person shall not process industrial hemp in this | 7 | | State without registering with the Department on a form | 8 | | prescribed by the Department. | 9 | | (c) The Department may determine, by rule, the duration of | 10 | | a license or registration; application, registration, and | 11 | | license fees; and the requirements for license or registration | 12 | | renewal.
| 13 | | (Source: P.A. 100-1091, eff. 8-26-18.) | 14 | | (505 ILCS 89/15)
| 15 | | Sec. 15. Rules. | 16 | | (a) The Department shall submit to the Secretary of the | 17 | | United States Department of Agriculture a hemp production plan | 18 | | under which the Department monitors and regulates the | 19 | | production of industrial hemp in this State. The Department | 20 | | shall adopt rules incorporating the hemp production plan, | 21 | | including application and licensing requirements shall be | 22 | | determined by the Department and set by rule within 120 days of | 23 | | the effective date of this Act . | 24 | | (b) The rules set by the Department shall include one
| 25 | | yearly inspection of a licensed industrial hemp cultivation |
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| 1 | | operation and allow for additional unannounced inspections of | 2 | | a
licensed industrial hemp cultivation operation at the | 3 | | Department's discretion. | 4 | | (c) The Department shall adopt rules necessary for the | 5 | | administration and enforcement of this Act in accordance with | 6 | | all applicable State and federal laws and regulations , | 7 | | including rules concerning standards and criteria for | 8 | | licensure and registration, for the payment of applicable | 9 | | fees, signage, and for forms required for the administration | 10 | | of this Act. | 11 | | (d) The Department shall adopt rules for the testing of | 12 | | the industrial hemp THC levels and the disposal of plant | 13 | | matter exceeding lawful THC levels, including an option for a | 14 | | cultivator to retest for a minor violation, with the retest | 15 | | threshold determined by the Department and set in rule. Those | 16 | | rules may provide for the use of seed certified to meet the THC | 17 | | levels mandated by this Act as an alternative to testing.
| 18 | | (Source: P.A. 100-1091, eff. 8-26-18.)
| 19 | | Section 99. Effective date. This Act takes effect upon | 20 | | becoming law. |
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