Illinois General Assembly - Full Text of HB5085
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Full Text of HB5085  98th General Assembly


Rep. David R. Leitch

Filed: 4/8/2014





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2    AMENDMENT NO. ______. Amend House Bill 5085 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Cannabis Control Act is amended by changing
5Sections 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
9    (a) "Cannabis" includes marihuana, hashish and other
10substances which are identified as including any parts of the
11plant Cannabis Sativa, whether growing or not; the seeds
12thereof, the resin extracted from any part of such plant; and
13any compound, manufacture, salt, derivative, mixture, or
14preparation of such plant, its seeds, or resin, including
15tetrahydrocannabinol (THC) and all other cannabinol
16derivatives, including its naturally occurring or



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1synthetically produced ingredients, whether produced directly
2or indirectly by extraction, or independently by means of
3chemical synthesis or by a combination of extraction and
4chemical synthesis; but shall not include the mature stalks of
5such plant, fiber produced from such stalks, oil or cake made
6from the seeds of such plant, any other compound, manufacture,
7salt, derivative, mixture, or preparation of such mature stalks
8(except the resin extracted therefrom), fiber, oil or cake, or
9the sterilized seed of such plant which is incapable of
11    (b) "Casual delivery" means the delivery of not more than
1210 grams of any substance containing cannabis without
14    (c) "Department" means the Illinois Department of Human
15Services (as successor to the Department of Alcoholism and
16Substance Abuse) or its successor agency.
17    (d) "Deliver" or "delivery" means the actual, constructive
18or attempted transfer of possession of cannabis, with or
19without consideration, whether or not there is an agency
21    (e) "Department of State Police" means the Department of
22State Police of the State of Illinois or its successor agency.
23    (f) "Director" means the Director of the Department of
24State Police or his designated agent.
25    (f-5) "Industrial hemp" means cannabis sativa L. having no
26more than three-tenths of 1% Delta-9-tetrahydrocannabinol.



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1    (g) "Local authorities" means a duly organized State,
2county, or municipal peace unit or police force.
3    (h) "Manufacture" means the production, preparation,
4propagation, compounding, conversion or processing of
5cannabis, either directly or indirectly, by extraction from
6substances of natural origin, or independently by means of
7chemical synthesis, or by a combination of extraction and
8chemical synthesis, and includes any packaging or repackaging
9of cannabis or labeling of its container, except that this term
10does not include the preparation, compounding, packaging, or
11labeling of cannabis as an incident to lawful research,
12teaching, or chemical analysis and not for sale.
13    (i) "Person" means any individual, corporation, government
14or governmental subdivision or agency, business trust, estate,
15trust, partnership or association, or any other entity.
16    (j) "Produce" or "production" means planting, cultivating,
17tending or harvesting.
18    (k) "State" includes the State of Illinois and any state,
19district, commonwealth, territory, insular possession thereof,
20and any area subject to the legal authority of the United
21States of America.
22    (l) "Subsequent offense" means an offense under this Act,
23the offender of which, prior to his conviction of the offense,
24has at any time been convicted under this Act or under any laws
25of the United States or of any state relating to cannabis, or
26any controlled substance as defined in the Illinois Controlled



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1Substances Act.
2(Source: P.A. 89-507, eff. 7-1-97.)
3    (720 ILCS 550/15)  (from Ch. 56 1/2, par. 715)
4    Sec. 15. Research The Department shall encourage research
5on cannabis.
6    (a) The Department shall encourage research on cannabis. In
7connection with the research, and in furtherance of the
8purposes of this Act, the Department it may:
9        (1) establish methods to assess accurately the effect
10    of cannabis;
11        (2) make studies and undertake programs of research to:
12            (i) develop new or improved approaches,
13        techniques, systems, equipment and devices to
14        strengthen the enforcement of this Act;
15            (ii) determine patterns of use of cannabis and its
16        social effects; and
17            (iii) improve methods for preventing, predicting,
18        understanding, and dealing with the use of cannabis;
19        (3) enter into contracts with public agencies,
20    educational institutions, and private organizations or
21    individuals for the purpose of conducting research,
22    demonstrations, or special projects which relate to the use
23    of cannabis.
24    (b) The Department of Agriculture may encourage research on
25industrial hemp for agricultural purposes. In connection with



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1the research, and in furtherance of this purpose, the
2Department of Agriculture may:
3        (1) grow and cultivate industrial hemp;
4        (2) perform studies and undertake programs of research
5    to:
6            (i) develop new or improved approaches,
7        techniques, systems, equipment, and devices for
8        growing and cultivating industrial hemp; and
9            (ii) determine uses for industrial hemp; and
10        (3) authorize institutions of higher learning to grow
11    or cultivate industrial hemp for the purpose of conducting
12    research, demonstrations, or special projects which relate
13    to the use of industrial hemp.
14    The Department of Agriculture may adopt rules to implement
15this subsection. In order to provide for the expeditious and
16timely implementation of this subsection, upon notification by
17an institution of higher learning that the institution wishes
18to engage in the growth or cultivation of industrial hemp for
19agricultural research purposes, the Department of Agriculture
20shall adopt emergency rules under Section 5-45 of the Illinois
21Administrative Procedure Act to implement the provisions of
22this subsection. If changes to the rules are required to comply
23with federal rules, the Department of Agriculture may adopt
24peremptory rules as necessary to comply with changes to
25corresponding federal rules. All other rules that the
26Department of Agriculture deems necessary to adopt in



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1connection with this Section must proceed through the ordinary
2rule-making process. The adoption of emergency rules
3authorized by this subsection (b) shall be deemed to be
4necessary for the public interest, safety, and welfare.
5(Source: P.A. 83-969.)".