Illinois General Assembly - Full Text of HB2668
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Full Text of HB2668  98th General Assembly

HB2668ham002 98TH GENERAL ASSEMBLY

Rep. Kenneth Dunkin

Filed: 4/12/2013

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 2668

2    AMENDMENT NO. ______. Amend House Bill 2668, AS AMENDED, by
3replacing everything after the enacting clause with the
4following:
 
5
"ARTICLE 5

 
6    Section 5-1. Short title. This Act may be cited as the
7Industrial Hemp Research Act.
 
8    Section 5-5. Definitions. For the purposes of this Act:
9    "Department" means the Department of Agriculture.
10    "Industrial hemp" means any variety of Cannabis sativa L.
11with a delta-9 tetrahydrocannabinol (THC) concentration that
12does not exceed 0.3% on a dry weight basis and that is grown in
13compliance with federal and State licensing conditions.
 
14    Section 5-10. Industrial hemp study. Public universities

 

 

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1in the State are authorized to study the feasibility and
2desirability of industrial hemp production in this State. This
3authority expires on January 1, 2019 and is subject to renewal.
4Any study shall include an analysis of required soils and
5growing conditions, seed availability and varieties, including
6in-the-ground seed variety trials, harvest methods, market
7economies, and environmental benefits. Research shall include
8finding high producing, high quality varieties with a zero
9percent level of THC. In addition, research shall address the
10potential impact of commercial production of industrial hemp on
11law enforcement, including, but not limited to, the impact on
12the State's crime laboratory system. Any public university in
13the State shall obtain all federal and State permits needed to
14legally grow industrial hemp for fiber or seed production prior
15to importing any non-sterilized industrial hemp seeds capable
16of germination into the State. All research conducted in this
17Section is subject to the availability of funding, which shall
18be sought by institutions performing the research from federal,
19private, corporate, and other sources other than the State of
20Illinois. Any university conducting the research shall report
21its research, progress, and any findings and recommendations to
22the General Assembly by January 1, 2017.
 
23
ARTICLE 10

 
24    Section 10-5. The Cannabis Control Act is amended by

 

 

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1changing Section 3 as follows:
 
2    (720 ILCS 550/3)  (from Ch. 56 1/2, par. 703)
3    Sec. 3. As used in this Act, unless the context otherwise
4requires:
5    (a) "Cannabis" includes marihuana, hashish and other
6substances which are identified as including any parts of the
7plant Cannabis Sativa, whether growing or not; the seeds
8thereof, the resin extracted from any part of such plant; and
9any compound, manufacture, salt, derivative, mixture, or
10preparation of such plant, its seeds, or resin, including
11tetrahydrocannabinol (THC) and all other cannabinol
12derivatives, including its naturally occurring or
13synthetically produced ingredients, whether produced directly
14or indirectly by extraction, or independently by means of
15chemical synthesis or by a combination of extraction and
16chemical synthesis; but shall not include the mature stalks of
17such plant, fiber produced from such stalks, oil or cake made
18from the seeds of such plant, any other compound, manufacture,
19salt, derivative, mixture, or preparation of such mature stalks
20(except the resin extracted therefrom), fiber, oil or cake, or
21the sterilized seed of such plant which is incapable of
22germination, or industrial hemp solely as authorized for the
23purposes of the Industrial Hemp Research Act.
24    (b) "Casual delivery" means the delivery of not more than
2510 grams of any substance containing cannabis without

 

 

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1consideration.
2    (c) "Department" means the Illinois Department of Human
3Services (as successor to the Department of Alcoholism and
4Substance Abuse) or its successor agency.
5    (d) "Deliver" or "delivery" means the actual, constructive
6or attempted transfer of possession of cannabis, with or
7without consideration, whether or not there is an agency
8relationship.
9    (e) "Department of State Police" means the Department of
10State Police of the State of Illinois or its successor agency.
11    (f) "Director" means the Director of the Department of
12State Police or his designated agent.
13    (g) "Local authorities" means a duly organized State,
14county, or municipal peace unit or police force.
15    (h) "Manufacture" means the production, preparation,
16propagation, compounding, conversion or processing of
17cannabis, either directly or indirectly, by extraction from
18substances of natural origin, or independently by means of
19chemical synthesis, or by a combination of extraction and
20chemical synthesis, and includes any packaging or repackaging
21of cannabis or labeling of its container, except that this term
22does not include the preparation, compounding, packaging, or
23labeling of cannabis as an incident to lawful research,
24teaching, or chemical analysis and not for sale.
25    (i) "Person" means any individual, corporation, government
26or governmental subdivision or agency, business trust, estate,

 

 

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1trust, partnership or association, or any other entity.
2    (j) "Produce" or "production" means planting, cultivating,
3tending or harvesting.
4    (k) "State" includes the State of Illinois and any state,
5district, commonwealth, territory, insular possession thereof,
6and any area subject to the legal authority of the United
7States of America.
8    (l) "Subsequent offense" means an offense under this Act,
9the offender of which, prior to his conviction of the offense,
10has at any time been convicted under this Act or under any laws
11of the United States or of any state relating to cannabis, or
12any controlled substance as defined in the Illinois Controlled
13Substances Act.
14(Source: P.A. 89-507, eff. 7-1-97.)
 
15    Section 10-10. The Cannabis and Controlled Substances Tort
16Claims Act is amended by changing Section 3 as follows:
 
17    (740 ILCS 20/3)  (from Ch. 70, par. 903)
18    Sec. 3. Definitions. As used in this Act, unless the
19context otherwise requires:
20    "Cannabis" includes marihuana, hashish, and other
21substances that are identified as including any parts of the
22plant Cannabis Sativa, whether growing or not, the seeds of
23that plant, the resin extracted from any part of that plant,
24and any compound, manufacture, salt, derivative, mixture, or

 

 

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1preparation of that plant, its seeds, or resin, including
2tetrahydrocannabinol (THC) and all other cannabinol
3derivatives, including its naturally occurring or
4synthetically produced ingredients, whether produced directly
5or indirectly by extraction, independently by means of chemical
6synthesis, or by a combination of extraction and chemical
7synthesis. "Cannabis" does not include the mature stalks of
8that plant, fiber produced from those stalks, oil or cake made
9from the seeds of that plant, any other compound, manufacture,
10salt, derivative, mixture, or preparation of mature stalks
11(except the extracted resin), fiber, oil or cake, or the
12sterilized seeds of that plant that are incapable of
13germination, or industrial hemp solely as authorized for the
14purposes of the Industrial Hemp Research Act.
15    "Controlled substance" means a drug, substance, or
16immediate precursor in the Schedules of Article II of the
17Illinois Controlled Substances Act.
18    "Counterfeit substance" means a controlled substance or
19the container or labeling of a controlled substance that,
20without authorization, bears the trademark, trade name, or
21other identifying mark, imprint, number, device, or any
22likeness thereof of a manufacturer, distributor, or dispenser
23other than the person who in fact manufactured, distributed, or
24dispensed the substance.
25    "Deliver" or "delivery" means the actual, constructive, or
26attempted transfer of possession of a controlled substance or

 

 

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1cannabis, with or without consideration, whether or not there
2is an agency relationship.
3    "Manufacture" means the production, preparation,
4propagation, compounding, conversion, or processing of a
5controlled substance, either directly or indirectly, by
6extraction from substances of natural origin, independently by
7means of chemical synthesis, or by a combination of extraction
8and chemical synthesis, and includes any packaging or
9repackaging of the substance or labeling of its container,
10except that the term does not include:
11        (1) by an ultimate user, the preparation or compounding
12    of a controlled substance for his own use;
13        (2) by a practitioner or his authorized agent under his
14    supervision, the preparation, compounding, packaging, or
15    labeling of a controlled substance:
16            (A) as an incident to his administering or
17        dispensing of a controlled substance in the course of
18        his professional practice; or
19            (B) as an incident to lawful research, teaching or
20        chemical analysis and not for sale; or
21        (3) the preparation, compounding, packaging, or
22    labeling of cannabis as an incident to lawful research,
23    teaching, or chemical analysis and not for sale.
24    "Owner" means a person who has possession of or any
25interest whatsoever in the property involved.
26    "Person" means an individual, a corporation, a government,

 

 

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1a governmental subdivision or agency, a business trust, an
2estate, a trust, a partnership or association, or any other
3entity.
4    "Production" means planting, cultivating, tending, or
5harvesting.
6    "Property" means real property, including things growing
7on, affixed to, and found in land, and tangible or intangible
8personal property, including rights, services, privileges,
9interests, claims, and securities.
10(Source: P.A. 96-328, eff. 8-11-09.)".