Full Text of HB2668 98th General Assembly
HB2668ham001 98TH GENERAL ASSEMBLY | Rep. Kenneth Dunkin Filed: 3/15/2013
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| 1 | | AMENDMENT TO HOUSE BILL 2668
| 2 | | AMENDMENT NO. ______. Amend House Bill 2668 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "ARTICLE 1 | 5 | | Section 1-1. Short title. This Act may be cited as the | 6 | | Industrial Hemp Act. | 7 | | Section 1-5. Definitions. In this Act: | 8 | | "Department" means the Department of Agriculture. | 9 | | "Director" means the Director of Agriculture. | 10 | | "Industrial hemp" means fibres cultivated from plants of | 11 | | the cannabis genus with a THC (tetrahydrocannabinol) content of | 12 | | 0.3% or lower. | 13 | | Section 1-10. Licenses. | 14 | | (a) Any person desiring to grow, process, cultivate, or |
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| 1 | | harvest industrial hemp or industrial hemp related products | 2 | | must be licensed by the Department. | 3 | | (b) The application for a license shall include the name | 4 | | and address of the applicant and the legal description of the | 5 | | land area to be used to grow or process industrial hemp. | 6 | | (c) Each individual shall submit his or her fingerprints to | 7 | | the Department of State Police in an electronic format that | 8 | | complies with the form and manner for requesting and furnishing | 9 | | criminal history record information prescribed by the | 10 | | Department of State Police. The fingerprints submitted under | 11 | | this Section shall be checked against the fingerprint records | 12 | | filed in the Department of State Police criminal history record | 13 | | databases. The Department of State Police shall charge a fee | 14 | | for conducting the criminal history records check, which shall | 15 | | not exceed the actual cost of the records check. The Department | 16 | | of State Police shall provide information concerning any | 17 | | criminal convictions against the individual to the Department. | 18 | | No person with a prior felony conviction within 10 years of | 19 | | applying for a license shall be eligible for licensure.
| 20 | | (d) If the applicant completes the application process to | 21 | | the satisfaction of the Department, then the Department shall | 22 | | issue the license, which shall be valid for a period of one | 23 | | year. | 24 | | Section 1-15. Rules. | 25 | | (a) The application and licensing requirements shall be |
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| 1 | | determined by the Department and set by rule. | 2 | | (b) The rules set by the Department shall include one | 3 | | yearly inspection and one yearly surprise inspection of a | 4 | | licensed industrial hemp cultivation operation. | 5 | | (c) Within 180 days after the federal government's approval | 6 | | of any waiver requested under this Act, the Department shall | 7 | | adopt rules necessary for the administration and enforcement of | 8 | | this Act, including rules concerning standards and criteria for | 9 | | licensure, for the payment of applicable fees that shall offset | 10 | | the cost of enforcement of this Act, and for forms required for | 11 | | the administration of this Act. | 12 | | Section 1-20. Hemp products. Nothing in this Act shall | 13 | | alter the legality of hemp or hemp products that are presently | 14 | | legal to possess or own. | 15 | | Section 1-25. Violation of federal law. Nothing in this Act | 16 | | shall be construed to authorize any person to violate federal | 17 | | rules, regulations, or laws. If any part of this Act conflicts | 18 | | with a provision of the federal laws regarding industrial hemp, | 19 | | the federal provisions shall control to the extent of the | 20 | | conflict. | 21 | | Section 1-30. Home rule. It is declared to be the public
| 22 | | policy of this State, under subsection (h) of Section 6 of
| 23 | | Article VII of the Illinois Constitution of 1970, that any |
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| 1 | | power or
function set forth in this Act to be exercised by the | 2 | | State is an
exclusive State power or function. The power or | 3 | | function shall
not be exercised concurrently, either directly | 4 | | or indirectly, by
any unit of local government, including home | 5 | | rule units, except as
otherwise provided in this Act. This is a | 6 | | limitation of home rule
powers.
| 7 | | ARTICLE 5 | 8 | | Section 5-1. Short title. This Act may be cited as the | 9 | | Industrial Hemp Research Act. | 10 | | Section 5-5. Definitions. For the purposes of this Act: | 11 | | "Department" means the Department of Agriculture. | 12 | | "Industrial hemp" means any variety of Cannabis sativa L. | 13 | | with a delta-9 tetrahydrocannabinol (THC) concentration that | 14 | | does not exceed 0.3% on a dry weight basis and that is grown in | 15 | | compliance with federal and State licensing conditions. | 16 | | Section 5-10. Industrial hemp study. Public universities | 17 | | in the State, except the University of Illinois at Chicago, are | 18 | | authorized to study the feasibility and desirability of | 19 | | industrial hemp production in this State. This authority | 20 | | expires on January 1, 2019 and is subject to renewal. Any study | 21 | | shall include an analysis of required soils and growing | 22 | | conditions, seed availability and varieties, including |
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| 1 | | in-the-ground seed variety trials, harvest methods, market | 2 | | economies, and environmental benefits. Research shall include | 3 | | finding high producing, high quality varieties with a zero | 4 | | percent level of THC. In addition, research shall address the | 5 | | potential impact of commercial production of industrial hemp on | 6 | | law enforcement, including, but not limited to, the impact on | 7 | | the State's crime laboratory system. Any public university in | 8 | | the State shall obtain all federal and State permits needed to | 9 | | legally grow industrial hemp for fiber or seed production prior | 10 | | to importing any non-sterilized industrial hemp seeds capable | 11 | | of germination into the State. All research conducted in this | 12 | | Section is subject to the availability of funding, which shall | 13 | | be sought by institutions performing the research from federal, | 14 | | private, corporate, and other sources other than the State of | 15 | | Illinois. Any university conducting the research shall report | 16 | | its research, progress, and any findings and recommendations to | 17 | | the General Assembly by January 1, 2017. | 18 | | ARTICLE 10 | 19 | | Section 10-5. The Cannabis Control Act is amended by | 20 | | changing Section 3 as follows:
| 21 | | (720 ILCS 550/3) (from Ch. 56 1/2, par. 703)
| 22 | | Sec. 3. As used in this Act, unless the context otherwise | 23 | | requires:
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| 1 | | (a) "Cannabis" includes marihuana, hashish and other | 2 | | substances which
are identified as including any parts of the | 3 | | plant Cannabis Sativa, whether
growing or not; the seeds | 4 | | thereof, the resin extracted from any part of
such plant; and | 5 | | any compound, manufacture, salt, derivative, mixture, or
| 6 | | preparation of such plant, its seeds, or resin, including | 7 | | tetrahydrocannabinol
(THC) and all other cannabinol | 8 | | derivatives, including its naturally occurring
or | 9 | | synthetically produced ingredients, whether produced directly | 10 | | or indirectly
by extraction, or independently by means of | 11 | | chemical synthesis or by a
combination
of extraction and | 12 | | chemical synthesis; but shall not include the mature stalks
of | 13 | | such plant, fiber produced from such stalks, oil or cake made | 14 | | from the
seeds of such plant, any other compound, manufacture, | 15 | | salt, derivative,
mixture, or preparation of such mature stalks | 16 | | (except the resin extracted
therefrom), fiber, oil or cake, or | 17 | | the sterilized seed of such plant which
is incapable of | 18 | | germination , or industrial hemp solely as authorized for the | 19 | | purposes of the Industrial Hemp Research Act .
| 20 | | (b) "Casual delivery" means the delivery of not more than | 21 | | 10 grams of
any substance containing cannabis without | 22 | | consideration.
| 23 | | (c) "Department" means the Illinois Department of Human | 24 | | Services (as
successor to the Department of Alcoholism and | 25 | | Substance Abuse) or its successor agency.
| 26 | | (d) "Deliver" or "delivery" means the actual, constructive |
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| 1 | | or attempted
transfer of possession of cannabis, with or | 2 | | without consideration, whether
or not there is an agency | 3 | | relationship.
| 4 | | (e) "Department of State Police" means the Department
of | 5 | | State Police of the State of Illinois or its successor agency.
| 6 | | (f) "Director" means the Director of the Department of | 7 | | State Police
or his designated agent.
| 8 | | (g) "Local authorities" means a duly organized State, | 9 | | county, or municipal
peace unit or police force.
| 10 | | (h) "Manufacture" means the production, preparation, | 11 | | propagation,
compounding,
conversion or processing of | 12 | | cannabis, either directly or indirectly, by
extraction from | 13 | | substances of natural origin, or independently by means
of | 14 | | chemical synthesis, or by a combination of extraction and | 15 | | chemical
synthesis,
and includes any packaging or repackaging | 16 | | of cannabis or labeling of its
container, except that this term | 17 | | does not include the preparation, compounding,
packaging, or | 18 | | labeling of cannabis as an incident to lawful research, | 19 | | teaching,
or chemical analysis and not for sale.
| 20 | | (i) "Person" means any individual, corporation, government | 21 | | or governmental
subdivision or agency, business trust, estate, | 22 | | trust, partnership or association,
or any other entity.
| 23 | | (j) "Produce" or "production" means planting, cultivating, | 24 | | tending or harvesting.
| 25 | | (k) "State" includes the State of Illinois and any state, | 26 | | district, commonwealth,
territory, insular possession thereof, |
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| 1 | | and any area subject to the legal
authority of the United | 2 | | States of America.
| 3 | | (l) "Subsequent offense" means an offense under this Act, | 4 | | the offender
of which, prior to his conviction of the offense, | 5 | | has at any time been convicted
under this Act or under any laws | 6 | | of the United States or of any state relating
to cannabis, or | 7 | | any controlled substance as defined in the Illinois Controlled
| 8 | | Substances Act.
| 9 | | (Source: P.A. 89-507, eff. 7-1-97 .)
| 10 | | Section 10-10. The Cannabis and Controlled Substances Tort | 11 | | Claims Act is amended by changing Section 3 as follows:
| 12 | | (740 ILCS 20/3) (from Ch. 70, par. 903)
| 13 | | Sec. 3. Definitions. As used in this Act, unless the | 14 | | context otherwise
requires:
| 15 | | "Cannabis" includes marihuana, hashish, and other | 16 | | substances that
are identified as including any parts of the | 17 | | plant Cannabis Sativa, whether
growing or not, the seeds of | 18 | | that plant, the resin extracted from any part of
that plant, | 19 | | and any compound, manufacture, salt, derivative, mixture, or
| 20 | | preparation of that plant, its seeds, or resin, including
| 21 | | tetrahydrocannabinol (THC) and all other cannabinol | 22 | | derivatives, including
its naturally occurring or | 23 | | synthetically produced ingredients, whether
produced directly | 24 | | or indirectly by extraction, independently by means of
chemical |
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| 1 | | synthesis, or by a combination of extraction and chemical
| 2 | | synthesis. "Cannabis" does not include the mature stalks of | 3 | | that plant, fiber
produced from those stalks, oil or cake made | 4 | | from the seeds of that plant,
any other compound, manufacture, | 5 | | salt, derivative, mixture, or preparation
of mature stalks | 6 | | (except the extracted resin), fiber, oil
or cake, or the | 7 | | sterilized seeds of that plant that are incapable of
| 8 | | germination , or industrial hemp solely as authorized for the | 9 | | purposes of the Industrial Hemp Research Act .
| 10 | | "Controlled substance" means a drug, substance, or | 11 | | immediate precursor in
the Schedules of Article II of the | 12 | | Illinois Controlled Substances Act.
| 13 | | "Counterfeit substance" means a controlled substance or | 14 | | the container or
labeling of a controlled substance that, | 15 | | without authorization, bears the
trademark, trade name, or | 16 | | other identifying mark, imprint, number, device,
or any | 17 | | likeness thereof of a manufacturer, distributor, or dispenser | 18 | | other
than the person who in fact manufactured, distributed, or | 19 | | dispensed the
substance.
| 20 | | "Deliver" or "delivery" means the actual, constructive, or | 21 | | attempted
transfer of possession of a controlled substance or | 22 | | cannabis, with or
without consideration, whether or not there | 23 | | is an agency relationship.
| 24 | | "Manufacture" means the production, preparation, | 25 | | propagation,
compounding, conversion, or processing of a | 26 | | controlled substance, either
directly or indirectly, by |
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| 1 | | extraction from substances of natural origin,
independently by | 2 | | means of chemical synthesis, or by a combination of
extraction | 3 | | and chemical synthesis, and includes any packaging or
| 4 | | repackaging of the substance or labeling of its container, | 5 | | except that the
term does not include:
| 6 | | (1) by an ultimate user, the preparation or compounding | 7 | | of a
controlled substance for his own use;
| 8 | | (2) by a practitioner or his authorized agent under his | 9 | | supervision,
the preparation, compounding, packaging, or | 10 | | labeling of a controlled substance:
| 11 | | (A) as an incident to his administering or | 12 | | dispensing of a controlled
substance in the course of | 13 | | his professional practice; or
| 14 | | (B) as an incident to lawful research, teaching or | 15 | | chemical analysis
and not for sale; or
| 16 | | (3) the preparation, compounding, packaging, or | 17 | | labeling of cannabis
as an incident to lawful research, | 18 | | teaching, or chemical analysis and not
for sale.
| 19 | | "Owner" means a person who has possession of or any | 20 | | interest
whatsoever in the property involved.
| 21 | | "Person" means an individual, a corporation, a government,
| 22 | | a governmental subdivision or agency, a business trust, an | 23 | | estate, a trust,
a partnership or association, or any other | 24 | | entity.
| 25 | | "Production" means planting, cultivating, tending, or | 26 | | harvesting.
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| 1 | | "Property" means real property, including things growing | 2 | | on,
affixed to, and found in land, and tangible or intangible | 3 | | personal
property, including rights, services, privileges, | 4 | | interests, claims,
and securities.
| 5 | | (Source: P.A. 96-328, eff. 8-11-09.)".
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