Illinois General Assembly - Full Text of HB1383
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Full Text of HB1383  97th General Assembly




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1    AN ACT concerning agriculture.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 1. Short title. This Act may be cited as the
5Industrial Hemp Act.
6    Section 5. Definitions. In this Act:
7    "Department" means the Department of Agriculture.
8    "Director" means the Director of Agriculture.
9    "Industrial hemp" means fibres cultivated from plants of
10the cannabis genus with a THC (tetrahydrocannabinol) content of
110.3% or lower.
12    Section 10. Licenses.
13    (a) Any person desiring to grow, process, cultivate,
14harvest, process, possess, sell, or purchase industrial hemp or
15industrial hemp related products must be licensed by the
17    (b) The application for a license shall include the name
18and address of the applicant and the legal description of the
19land area to be used to grow or process industrial hemp.
20    (c) Each individual shall submit his or her fingerprints to
21the Department of State Police in an electronic format that
22complies with the form and manner for requesting and furnishing



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1criminal history record information prescribed by the
2Department of State Police. The fingerprints submitted under
3this Section shall be checked against the fingerprint records
4filed in the Department of State Police criminal history record
5databases. The Department of State Police shall charge a fee
6for conducting the criminal history records check, which shall
7not exceed the actual cost of the records check. The Department
8of State Police shall provide information concerning any
9criminal convictions against the individual to the Department.
10No person with a prior felony conviction within 10 years of
11applying for a license shall be eligible for licensure.
12    (d) If the applicant completes the application process to
13the satisfaction of the Department, then the Department shall
14issue the license, which shall be valid for a period of one
16    Section 15. Rules.
17    (a) The application and licensing requirements shall be
18determined by the Department and set by rule.
19    (b) The rules set by the Department shall include one
20yearly inspection and one yearly surprise inspection of a
21licensed industrial hemp cultivation operation.
22    (c) The Department shall adopt rules necessary for the
23administration and enforcement of this Act, including rules
24concerning standards and criteria for licensure, for the
25payment of applicable fees, and for forms required for the



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1administration of this Act.
2    Section 20. Hemp products. Nothing in this Act shall alter
3the legality of hemp or hemp products that are presently legal
4to possess or own.
5    Section 25. Violation of federal law. Nothing in this Act
6shall be construed to authorize any person to violate federal
7rules, regulations, or laws. If any part of this Act conflicts
8with a provision of the federal laws regarding industrial hemp,
9the federal provisions shall control to the extent of the
11    Section 30. Home rule. It is declared to be the public
12policy of this State, under subsection (h) of Section 6 of
13Article VII of the Illinois Constitution of 1970, that any
14power or function set forth in this Act to be exercised by the
15State is an exclusive State power or function. The power or
16function shall not be exercised concurrently, either directly
17or indirectly, by any unit of local government, including home
18rule units, except as otherwise provided in this Act. This is a
19limitation of home rule powers.