Full Text of HB5085 98th General Assembly
HB5085enr 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 | | Section 8 and adding Section 15.2 as follows:
| 6 | | (720 ILCS 550/8) (from Ch. 56 1/2, par. 708)
| 7 | | Sec. 8. It is unlawful for any person knowingly to produce | 8 | | the
cannabis sativa plant or to possess such plants unless | 9 | | production or possession
has been authorized pursuant to the | 10 | | provisions of Section 11 or 15.2 of the Act.
Any person who | 11 | | violates this Section with respect to production or possession | 12 | | of:
| 13 | | (a) Not more than 5 plants is guilty of a Class A | 14 | | misdemeanor.
| 15 | | (b) More than 5, but not more than 20 plants, is guilty
of | 16 | | a Class 4 felony.
| 17 | | (c) More than 20, but not more than 50 plants, is
guilty of | 18 | | a Class 3 felony.
| 19 | | (d) More than 50, but not more than 200 plants, is guilty | 20 | | of a Class 2 felony for which
a fine not to exceed $100,000 may | 21 | | be imposed and for which liability for
the cost of conducting | 22 | | the investigation and eradicating such plants may be
assessed. | 23 | | Compensation for expenses incurred in the enforcement of this
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| 1 | | provision shall be transmitted to and deposited in the | 2 | | treasurer's office
at the level of government represented by | 3 | | the Illinois law enforcement
agency whose officers or employees | 4 | | conducted the investigation or caused
the arrest or arrests | 5 | | leading to the prosecution, to be subsequently made
available | 6 | | to that law enforcement agency as expendable receipts for use | 7 | | in
the enforcement of laws regulating controlled substances and | 8 | | cannabis. If
such seizure was made by a combination of law | 9 | | enforcement personnel
representing different levels of | 10 | | government, the court levying the
assessment shall determine | 11 | | the allocation of such assessment. The proceeds
of assessment | 12 | | awarded to the State treasury shall be deposited in a special
| 13 | | fund known as the Drug Traffic Prevention Fund. | 14 | | (e) More than 200 plants is guilty of a Class 1 felony for | 15 | | which
a fine not to exceed $100,000 may be imposed and for | 16 | | which liability for
the cost of conducting the investigation | 17 | | and eradicating such plants may be
assessed. Compensation for | 18 | | expenses incurred in the enforcement of this
provision shall be | 19 | | transmitted to and deposited in the treasurer's office
at the | 20 | | level of government represented by the Illinois law enforcement
| 21 | | agency whose officers or employees conducted the investigation | 22 | | or caused
the arrest or arrests leading to the prosecution, to | 23 | | be subsequently made
available to that law enforcement agency | 24 | | as expendable receipts for use in
the enforcement of laws | 25 | | regulating controlled substances and cannabis. If
such seizure | 26 | | was made by a combination of law enforcement personnel
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| 1 | | representing different levels of government, the court levying | 2 | | the
assessment shall determine the allocation of such | 3 | | assessment. The proceeds
of assessment awarded to the State | 4 | | treasury shall be deposited in a special
fund known as the Drug | 5 | | Traffic Prevention Fund.
| 6 | | (Source: P.A. 95-247, eff. 1-1-08.)
| 7 | | (720 ILCS 550/15.2 new) | 8 | | Sec. 15.2. Industrial hemp pilot program. | 9 | | (a) Pursuant to Section 7606 the federal Agricultural Act | 10 | | of 2014, an institution of higher education or the Department | 11 | | of Agriculture may grow or cultivate industrial hemp if: | 12 | | (1) the industrial hemp is grown or cultivated for | 13 | | purposes of research conducted under an agricultural pilot | 14 | | program or other agricultural or academic research; | 15 | | (2) the pilot program studies the growth, cultivation, | 16 | | or marketing of industrial hemp; and | 17 | | (3) any site used for the growing or cultivating of | 18 | | industrial hemp is certified by, and registered with, the | 19 | | Department of Agriculture. | 20 | | (b) Before conducting industrial hemp research, an | 21 | | institution of higher education shall notify the Department of | 22 | | Agriculture and any local law enforcement agency in writing. | 23 | | (c) The institution of higher education shall provide | 24 | | quarterly reports and an annual report to the
Department of | 25 | | Agriculture on the research and the research program shall be |
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| 1 | | subject to random inspection by the Department of Agriculture, | 2 | | the Department of State Police, or local law enforcement | 3 | | agencies. The institution of higher education shall submit the | 4 | | annual report to the Department of Agriculture on or before | 5 | | October 1. | 6 | | (d) The Department of Agriculture may adopt rules to | 7 | | implement this Section. In order to provide for the expeditious | 8 | | and timely implementation of this Section, upon notification by | 9 | | an institution of higher education that the institution wishes | 10 | | to engage in the growth or cultivation of industrial hemp for | 11 | | agricultural research purposes, the Department of Agriculture | 12 | | may adopt emergency rules under Section 5-45 of the Illinois | 13 | | Administrative Procedure Act to implement the provisions of | 14 | | this Section. If changes to the rules are required to comply | 15 | | with federal rules, the Department of Agriculture may adopt | 16 | | peremptory rules as necessary to comply with changes to | 17 | | corresponding federal rules. All other rules that the | 18 | | Department of Agriculture deems necessary to adopt in | 19 | | connection with this Section must proceed through the ordinary | 20 | | rule-making process. The adoption of emergency rules | 21 | | authorized by this Section shall be deemed to be necessary for | 22 | | the public interest, safety, and welfare. | 23 | | The Department of Agriculture may determine, by rule, the | 24 | | duration of an institution of higher education's pilot program | 25 | | or industrial hemp research. If the institution of higher | 26 | | education has not completed its program within the timeframe |
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| 1 | | established by rule, then the Department of Agriculture may | 2 | | grant an extension to the pilot program if unanticipated | 3 | | circumstances arose that impacted the program. | 4 | | (e) As used in this Section: | 5 | | "Industrial hemp" means cannabis sativa L. having no | 6 | | more than 0.3% total THC available, upon heating, or | 7 | | maximum delta-9 tetrahydrocannabinol content possible. | 8 | | "Institution of higher education" means a State | 9 | | institution of higher education that offers a 4-year degree | 10 | | in agricultural science.
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