Illinois General Assembly - Full Text of HB5085
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Full Text of HB5085  98th 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 5. The Cannabis Control Act is amended by changing
5Section 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
8the cannabis sativa plant or to possess such plants unless
9production or possession has been authorized pursuant to the
10provisions of Section 11 or 15.2 of the Act. Any person who
11violates this Section with respect to production or possession
13    (a) Not more than 5 plants is guilty of a Class A
15    (b) More than 5, but not more than 20 plants, is guilty of
16a Class 4 felony.
17    (c) More than 20, but not more than 50 plants, is guilty of
18a Class 3 felony.
19    (d) More than 50, but not more than 200 plants, is guilty
20of a Class 2 felony for which a fine not to exceed $100,000 may
21be imposed and for which liability for the cost of conducting
22the investigation and eradicating such plants may be assessed.
23Compensation for expenses incurred in the enforcement of this



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1provision shall be transmitted to and deposited in the
2treasurer's office at the level of government represented by
3the Illinois law enforcement agency whose officers or employees
4conducted the investigation or caused the arrest or arrests
5leading to the prosecution, to be subsequently made available
6to that law enforcement agency as expendable receipts for use
7in the enforcement of laws regulating controlled substances and
8cannabis. If such seizure was made by a combination of law
9enforcement personnel representing different levels of
10government, the court levying the assessment shall determine
11the allocation of such assessment. The proceeds of assessment
12awarded to the State treasury shall be deposited in a special
13fund known as the Drug Traffic Prevention Fund.
14    (e) More than 200 plants is guilty of a Class 1 felony for
15which a fine not to exceed $100,000 may be imposed and for
16which liability for the cost of conducting the investigation
17and eradicating such plants may be assessed. Compensation for
18expenses incurred in the enforcement of this provision shall be
19transmitted to and deposited in the treasurer's office at the
20level of government represented by the Illinois law enforcement
21agency whose officers or employees conducted the investigation
22or caused the arrest or arrests leading to the prosecution, to
23be subsequently made available to that law enforcement agency
24as expendable receipts for use in the enforcement of laws
25regulating controlled substances and cannabis. If such seizure
26was made by a combination of law enforcement personnel



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1representing different levels of government, the court levying
2the assessment shall determine the allocation of such
3assessment. The proceeds of assessment awarded to the State
4treasury shall be deposited in a special fund known as the Drug
5Traffic 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
10of 2014, an institution of higher education or the Department
11of 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
21institution of higher education shall notify the Department of
22Agriculture and any local law enforcement agency in writing.
23    (c) The institution of higher education shall provide
24quarterly reports and an annual report to the Department of
25Agriculture on the research and the research program shall be



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1subject to random inspection by the Department of Agriculture,
2the Department of State Police, or local law enforcement
3agencies. The institution of higher education shall submit the
4annual report to the Department of Agriculture on or before
5October 1.
6    (d) The Department of Agriculture may adopt rules to
7implement this Section. In order to provide for the expeditious
8and timely implementation of this Section, upon notification by
9an institution of higher education that the institution wishes
10to engage in the growth or cultivation of industrial hemp for
11agricultural research purposes, the Department of Agriculture
12may adopt emergency rules under Section 5-45 of the Illinois
13Administrative Procedure Act to implement the provisions of
14this Section. If changes to the rules are required to comply
15with federal rules, the Department of Agriculture may adopt
16peremptory rules as necessary to comply with changes to
17corresponding federal rules. All other rules that the
18Department of Agriculture deems necessary to adopt in
19connection with this Section must proceed through the ordinary
20rule-making process. The adoption of emergency rules
21authorized by this Section shall be deemed to be necessary for
22the public interest, safety, and welfare.
23    The Department of Agriculture may determine, by rule, the
24duration of an institution of higher education's pilot program
25or industrial hemp research. If the institution of higher
26education has not completed its program within the timeframe



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1established by rule, then the Department of Agriculture may
2grant an extension to the pilot program if unanticipated
3circumstances 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.