HB4987 102ND GENERAL ASSEMBLY

LRB102 24141 CPF 35353 b

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.

A BILL FOR

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Cannabis Regulation and Tax Act is amended by adding Section 55-100 as follows:

(410 ILCS 705/55-100 new)

Sec. 55-100. Hemp in cannabis-infused products.

(a) In this Section:

"Hemp" or "industrial hemp" has the same meaning as provided in Section 5 of the Industrial Hemp Act.

(b) A cannabis business establishment licensed by the Department for cultivating, growing, processing, manufacturing, or infusing cannabis or a cannabis-infused product pursuant to this 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. However, hemp flower may not be sold to a dispensary.

(c) Hemp obtained under subsection (b) must be used in extracted form and only in a cannabis-infused product.

(d) 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.

(e) All hemp and hemp derivatives obtained by a cannabis business establishment must be obtained from a licensed or registered hemp grower or processor, regardless of the grower's or processor's home state. A cannabis business establishment that obtains hemp or a hemp derivative must provide a copy of the hemp grower's or processor's license issued by Illinois or another state upon demand of the Department or the Illinois State Police.

(f) 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.

(g) Industrial hemp flower and biomass may be purchased and extracted by a cultivation center.

(h) A cultivation center may procure or process industrial hemp in the form of distillate or isolate. All processed hemp derivatives must be accompanied by a certificate of analysis showing potency levels for delta-9 tetrahydrocannabinol (THC), THCa, CBD, and CBDa.

(i) The delta-9 tetrahydrocannabinol (THC) contained in hemp or a hemp derivative procured or processed under subsection (h) may not be concentrated above the allowable 0.3% threshold.

(j) Hemp or hemp derivatives may not be used to concentrate or to synthesize delta-9 tetrahydrocannabinol (THC), unless the concentration or synthesis of the hemp or hemp derivative is performed at a cultivation center, craft grower, or infuser.

(k) A representative sample of all final products containing industrial hemp or hemp derivatives must undergo testing pursuant to the Compassionate Use of Medical Cannabis Act, the Cannabis Regulation and Tax Act, and any applicable administrative rules.

Section 99. Effective date. This Act takes effect upon becoming law.