Full Text of HB5085 98th General Assembly
HB5085eng 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning agriculture.
| 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly:
| 4 | | Section 5. The Cannabis Control Act is amended by changing | 5 | | Sections 3 and 15 as follows:
| 6 | | (720 ILCS 550/3) (from Ch. 56 1/2, par. 703)
| 7 | | Sec. 3. As used in this Act, unless the context otherwise | 8 | | requires:
| 9 | | (a) "Cannabis" includes marihuana, hashish and other | 10 | | substances which
are identified as including any parts of the | 11 | | plant Cannabis Sativa, whether
growing or not; the seeds | 12 | | thereof, the resin extracted from any part of
such plant; and | 13 | | any compound, manufacture, salt, derivative, mixture, or
| 14 | | preparation of such plant, its seeds, or resin, including | 15 | | tetrahydrocannabinol
(THC) and all other cannabinol | 16 | | derivatives, including its naturally occurring
or | 17 | | synthetically produced ingredients, whether produced directly | 18 | | or indirectly
by extraction, or independently by means of | 19 | | chemical synthesis or by a
combination
of extraction and | 20 | | chemical synthesis; but shall not include the mature stalks
of | 21 | | such plant, fiber produced from such stalks, oil or cake made | 22 | | from the
seeds of such plant, any other compound, manufacture, | 23 | | salt, derivative,
mixture, or preparation of such mature stalks |
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| 1 | | (except the resin extracted
therefrom), fiber, oil or cake, or | 2 | | the sterilized seed of such plant which
is incapable of | 3 | | germination.
| 4 | | (b) "Casual delivery" means the delivery of not more than | 5 | | 10 grams of
any substance containing cannabis without | 6 | | consideration.
| 7 | | (c) "Department" means the Illinois Department of Human | 8 | | Services (as
successor to the Department of Alcoholism and | 9 | | Substance Abuse) or its successor agency.
| 10 | | (d) "Deliver" or "delivery" means the actual, constructive | 11 | | or attempted
transfer of possession of cannabis, with or | 12 | | without consideration, whether
or not there is an agency | 13 | | relationship.
| 14 | | (e) "Department of State Police" means the Department
of | 15 | | State Police of the State of Illinois or its successor agency.
| 16 | | (f) "Director" means the Director of the Department of | 17 | | State Police
or his designated agent.
| 18 | | (f-5) "Industrial hemp" means cannabis sativa L. having no | 19 | | more than three-tenths of 1% Delta-9-tetrahydrocannabinol. | 20 | | (g) "Local authorities" means a duly organized State, | 21 | | county, or municipal
peace unit or police force.
| 22 | | (h) "Manufacture" means the production, preparation, | 23 | | propagation,
compounding,
conversion or processing of | 24 | | cannabis, either directly or indirectly, by
extraction from | 25 | | substances of natural origin, or independently by means
of | 26 | | chemical synthesis, or by a combination of extraction and |
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| 1 | | chemical
synthesis,
and includes any packaging or repackaging | 2 | | of cannabis or labeling of its
container, except that this term | 3 | | does not include the preparation, compounding,
packaging, or | 4 | | labeling of cannabis as an incident to lawful research, | 5 | | teaching,
or chemical analysis and not for sale.
| 6 | | (i) "Person" means any individual, corporation, government | 7 | | or governmental
subdivision or agency, business trust, estate, | 8 | | trust, partnership or association,
or any other entity.
| 9 | | (j) "Produce" or "production" means planting, cultivating, | 10 | | tending or harvesting.
| 11 | | (k) "State" includes the State of Illinois and any state, | 12 | | district, commonwealth,
territory, insular possession thereof, | 13 | | and any area subject to the legal
authority of the United | 14 | | States of America.
| 15 | | (l) "Subsequent offense" means an offense under this Act, | 16 | | the offender
of which, prior to his conviction of the offense, | 17 | | has at any time been convicted
under this Act or under any laws | 18 | | of the United States or of any state relating
to cannabis, or | 19 | | any controlled substance as defined in the Illinois Controlled
| 20 | | Substances Act.
| 21 | | (Source: P.A. 89-507, eff. 7-1-97 .)
| 22 | | (720 ILCS 550/15) (from Ch. 56 1/2, par. 715)
| 23 | | Sec. 15. Research The Department shall
encourage research | 24 | | on cannabis. | 25 | | (a) The Department shall encourage research on cannabis. In |
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| 1 | | connection with the research, and in
furtherance of the | 2 | | purposes of this Act, the Department it may:
| 3 | | (1) establish methods to assess accurately the effect | 4 | | of cannabis;
| 5 | | (2) make studies and undertake programs of research to:
| 6 | | (i) develop new or improved approaches, | 7 | | techniques, systems,
equipment and devices to | 8 | | strengthen the enforcement of this Act;
| 9 | | (ii) determine patterns of use of cannabis and its | 10 | | social effects;
and
| 11 | | (iii) improve methods for preventing, predicting, | 12 | | understanding, and
dealing with the use of cannabis;
| 13 | | (3) enter into contracts with public agencies, | 14 | | educational
institutions, and private organizations or | 15 | | individuals for the purpose
of conducting research, | 16 | | demonstrations, or special projects which relate
to the use | 17 | | of cannabis.
| 18 | | (b) The Department of Agriculture may encourage research on | 19 | | industrial hemp for agricultural purposes. In connection with | 20 | | the research, and in furtherance of this purpose, the | 21 | | Department of Agriculture may: | 22 | | (1) grow and cultivate industrial hemp; | 23 | | (2) perform studies and undertake programs of research | 24 | | to: | 25 | | (i) develop new or improved approaches, | 26 | | techniques, systems, equipment, and devices for |
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| 1 | | growing and cultivating industrial hemp; and | 2 | | (ii) determine uses for industrial hemp; and | 3 | | (3) authorize institutions of higher learning to grow | 4 | | or cultivate industrial hemp for the purpose of conducting | 5 | | research, demonstrations, or special projects which relate | 6 | | to the use of industrial hemp. | 7 | | The Department of Agriculture may adopt rules to implement | 8 | | this subsection. In order to provide for the expeditious and | 9 | | timely implementation of this subsection, upon notification by | 10 | | an institution of higher learning that the institution wishes | 11 | | to engage in the growth or cultivation of industrial hemp for | 12 | | agricultural research purposes, the Department of Agriculture | 13 | | shall adopt emergency rules under Section 5-45 of the Illinois | 14 | | Administrative Procedure Act to implement the provisions of | 15 | | this subsection. If changes to the rules are required to comply | 16 | | with federal rules, the Department of Agriculture may adopt | 17 | | peremptory rules as necessary to comply with changes to | 18 | | corresponding federal rules. All other rules that the | 19 | | Department of Agriculture deems necessary to adopt in | 20 | | connection with this Section must proceed through the ordinary | 21 | | rule-making process. The adoption of emergency rules | 22 | | authorized by this subsection (b) shall be deemed to be | 23 | | necessary for the public interest, safety, and welfare. | 24 | | (Source: P.A. 83-969.)
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