Full Text of HB5085 98th General Assembly
HB5085ham001 98TH GENERAL ASSEMBLY | Rep. David R. Leitch Filed: 3/26/2014
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| 1 | | AMENDMENT TO HOUSE BILL 5085
| 2 | | AMENDMENT NO. ______. Amend House Bill 5085 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the | 5 | | Industrial Hemp Research and Production Act. | 6 | | Section 5. Definitions.
As used in this Act:
| 7 | | "Department" means the Illinois Department of Agriculture.
| 8 | | "Director" means the Director of Agriculture.
| 9 | | "Fund" means the Industrial Hemp Production Oversight | 10 | | Fund.
| 11 | | "Industrial hemp" means cannabis sativa L. having no more | 12 | | than three-tenths of 1% Delta-9-tetrahydrocannabinol. | 13 | | Section 10. Industrial hemp license.
| 14 | | (a) Any person growing or processing industrial hemp for | 15 | | commercial purposes or research shall apply to the Department |
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| 1 | | for a license on a form prescribed by the Department. The | 2 | | application for a license shall include the name and address of | 3 | | the applicant and the legal description of the land area to be | 4 | | used to produce or process industrial hemp. Except for | 5 | | employees of the Department and employees of state universities | 6 | | involved in research-related activities, the Director shall | 7 | | require each applicant for initial licensure to submit to State | 8 | | and national criminal history records check. An applicant for a | 9 | | second or subsequent license shall submit to an additional | 10 | | State and national criminal history records check if the last | 11 | | submission of a records check was 5 or more years earlier. The | 12 | | criminal history records check shall be conducted by the | 13 | | Department of State Police. The Department of State Police | 14 | | shall not charge a fee for conducting the criminal history | 15 | | records check greater than the actual cost of the records | 16 | | check.
| 17 | | (b) All costs associated with the criminal history records | 18 | | check shall be paid by the applicant. Criminal history records | 19 | | provided to the Director under this Act shall be held | 20 | | confidential. The Director may use the records only in | 21 | | determining an applicant's eligibility for licensure. Any | 22 | | person with a prior conviction of the Illinois Controlled | 23 | | Substances Act, the Methamphetamine Control and Community | 24 | | Protection Act, or the Cannabis Control Act shall be ineligible | 25 | | for licensure.
| 26 | | (c) If the applicant has completed the application process |
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| 1 | | to the satisfaction of the Director, including submitting a | 2 | | $100 nonrefundable application fee and the fee for the criminal | 3 | | history records check, the Director shall issue the license, | 4 | | which shall be valid for a period of one year. Any person | 5 | | licensed under this Act shall be presumed to be growing or | 6 | | processing industrial hemp for commercial purposes or | 7 | | research.
| 8 | | (d) A license under this Act shall not be conditioned on or | 9 | | subject to review or approval by the United States Drug | 10 | | Enforcement Agency. This subsection (d) does not apply to any | 11 | | person licensed by the United States Drug Enforcement Agency to | 12 | | conduct research.
| 13 | | (e) Each licensee shall file with the Department | 14 | | documentation indicating that the seeds planted were a type and | 15 | | variety certified to have no more than three-tenths of 1% | 16 | | tetrahydrocannabinol and a copy of any contract to grow | 17 | | industrial hemp. Each licensee shall notify the Department of | 18 | | the sale or distribution of any industrial hemp grown by the | 19 | | licensee and the names of the persons to whom the hemp was sold | 20 | | or distributed.
| 21 | | (f) Except as provided in this Section, persons without a | 22 | | license issued under this Section may not plant, grow, or | 23 | | process raw industrial hemp.
| 24 | | (g) The Department shall adopt rules establishing | 25 | | procedures for revocation of licenses and fines for violation | 26 | | of this Act. |
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| 1 | | Section 15. Rules and fees. The Department shall adopt | 2 | | rules to allow industrial hemp to be tested during growth for | 3 | | Delta-9-tetrahydrocannabinol (Delta-9-THC) levels and to allow | 4 | | for supervision during the growing, harvesting, and processing | 5 | | of industrial hemp. To provide sufficient funds to pay costs | 6 | | associated with monitoring and testing industrial hemp in this | 7 | | State, the Department shall assess each applicant a fee of $5 | 8 | | per acre of industrial hemp grown or $150, whichever is | 9 | | greater. The funds collected from this fee shall be deposited | 10 | | into the Industrial Hemp Production Oversight Fund. | 11 | | Section 20. The Industrial Hemp Production Oversight Fund. | 12 | | The Industrial Hemp Production Oversight Fund is hereby created | 13 | | as a special fund in the State treasury. All fines and license, | 14 | | monitoring, and testing fees assessed under this Act shall be | 15 | | deposited into the Fund. The Fund may receive gifts, grants, | 16 | | and federal and State appropriations. The fund shall be used by | 17 | | the Department for costs associated with the implementation of | 18 | | this Act. | 19 | | Section 900. The State Finance Act is amended by adding | 20 | | Section 5.855 as follows: | 21 | | (30 ILCS 105/5.855 new) | 22 | | Sec. 5.855. The Industrial Hemp Production Oversight Fund. |
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| 1 | | Section 905. The Illinois Noxious Weed Law is amended by | 2 | | changing Section 2 as follows:
| 3 | | (505 ILCS 100/2) (from Ch. 5, par. 952)
| 4 | | Sec. 2. As used in this Act: (1) "Person" means any | 5 | | individual, partnership,
firm, corporation, company, society, | 6 | | association, the State or any
department, agency, or | 7 | | subdivision thereof, or any other entity.
| 8 | | (2) "Control", "controlled" or "controlling" includes | 9 | | being in
charge of or being in possession, whether as owner, | 10 | | lessee, renter, or
tenant, under statutory authority, or | 11 | | otherwise.
| 12 | | (3) "Director" means the Director of the Department of | 13 | | Agriculture
of the State of Illinois, or his duly appointed | 14 | | representative.
| 15 | | (4) "Department" means the Department of Agriculture of the | 16 | | State of
Illinois.
| 17 | | (5) "Noxious weed" means any plant which is determined by | 18 | | the
Director, the Dean of the College of Agriculture of the | 19 | | University of
Illinois and the Director of the Agricultural | 20 | | Experiment Station at the
University of Illinois, to be | 21 | | injurious to public health, crops,
livestock, land or other | 22 | | property. "Noxious weed" does not include industrial hemp as | 23 | | defined and authorized under the Industrial Hemp Research and | 24 | | Production Act.
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| 1 | | (6) "Control Authority" means the governing body of each | 2 | | county, and
shall represent all rural areas and cities, | 3 | | villages and townships
within the county boundaries.
| 4 | | (7) "Applicable fund" means the fund current at the time | 5 | | the work is
performed or the money is received.
| 6 | | (Source: P.A. 77-1037.)
| 7 | | Section 910. The Cannabis Control Act is amended by | 8 | | changing Section 3 as follows:
| 9 | | (720 ILCS 550/3) (from Ch. 56 1/2, par. 703)
| 10 | | Sec. 3. As used in this Act, unless the context otherwise | 11 | | requires:
| 12 | | (a) "Cannabis" includes marihuana, hashish and other | 13 | | substances which
are identified as including any parts of the | 14 | | plant Cannabis Sativa, whether
growing or not; the seeds | 15 | | thereof, the resin extracted from any part of
such plant; and | 16 | | any compound, manufacture, salt, derivative, mixture, or
| 17 | | preparation of such plant, its seeds, or resin, including | 18 | | tetrahydrocannabinol
(THC) and all other cannabinol | 19 | | derivatives, including its naturally occurring
or | 20 | | synthetically produced ingredients, whether produced directly | 21 | | or indirectly
by extraction, or independently by means of | 22 | | chemical synthesis or by a
combination
of extraction and | 23 | | chemical synthesis; but shall not include the mature stalks
of | 24 | | such plant, fiber produced from such stalks, oil or cake made |
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| 1 | | from the
seeds of such plant, any other compound, manufacture, | 2 | | salt, derivative,
mixture, or preparation of such mature stalks | 3 | | (except the resin extracted
therefrom), fiber, oil or cake, or | 4 | | the sterilized seed of such plant which
is incapable of | 5 | | germination. "Cannabis" does not include industrial hemp as | 6 | | defined and authorized under the Industrial Hemp Research and | 7 | | Production Act.
| 8 | | (b) "Casual delivery" means the delivery of not more than | 9 | | 10 grams of
any substance containing cannabis without | 10 | | consideration.
| 11 | | (c) "Department" means the Illinois Department of Human | 12 | | Services (as
successor to the Department of Alcoholism and | 13 | | Substance Abuse) or its successor agency.
| 14 | | (d) "Deliver" or "delivery" means the actual, constructive | 15 | | or attempted
transfer of possession of cannabis, with or | 16 | | without consideration, whether
or not there is an agency | 17 | | relationship.
| 18 | | (e) "Department of State Police" means the Department
of | 19 | | State Police of the State of Illinois or its successor agency.
| 20 | | (f) "Director" means the Director of the Department of | 21 | | State Police
or his designated agent.
| 22 | | (g) "Local authorities" means a duly organized State, | 23 | | county, or municipal
peace unit or police force.
| 24 | | (h) "Manufacture" means the production, preparation, | 25 | | propagation,
compounding,
conversion or processing of | 26 | | cannabis, either directly or indirectly, by
extraction from |
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| 1 | | substances of natural origin, or independently by means
of | 2 | | chemical synthesis, or by a combination of extraction and | 3 | | chemical
synthesis,
and includes any packaging or repackaging | 4 | | of cannabis or labeling of its
container, except that this term | 5 | | does not include the preparation, compounding,
packaging, or | 6 | | labeling of cannabis as an incident to lawful research, | 7 | | teaching,
or chemical analysis and not for sale.
| 8 | | (i) "Person" means any individual, corporation, government | 9 | | or governmental
subdivision or agency, business trust, estate, | 10 | | trust, partnership or association,
or any other entity.
| 11 | | (j) "Produce" or "production" means planting, cultivating, | 12 | | tending or harvesting.
| 13 | | (k) "State" includes the State of Illinois and any state, | 14 | | district, commonwealth,
territory, insular possession thereof, | 15 | | and any area subject to the legal
authority of the United | 16 | | States of America.
| 17 | | (l) "Subsequent offense" means an offense under this Act, | 18 | | the offender
of which, prior to his conviction of the offense, | 19 | | has at any time been convicted
under this Act or under any laws | 20 | | of the United States or of any state relating
to cannabis, or | 21 | | any controlled substance as defined in the Illinois Controlled
| 22 | | Substances Act.
| 23 | | (Source: P.A. 89-507, eff. 7-1-97 .)
| 24 | | Section 999. Effective date. This Act takes effect upon | 25 | | becoming law.".
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