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


Sen. Darin M. LaHood

Filed: 5/2/2014





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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
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.



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1    (c) More than 20, but not more than 50 plants, is guilty of
2a Class 3 felony.
3    (d) More than 50, but not more than 200 plants, is guilty
4of a Class 2 felony for which a fine not to exceed $100,000 may
5be imposed and for which liability for the cost of conducting
6the investigation and eradicating such plants may be assessed.
7Compensation for expenses incurred in the enforcement of this
8provision shall be transmitted to and deposited in the
9treasurer's office at the level of government represented by
10the Illinois law enforcement agency whose officers or employees
11conducted the investigation or caused the arrest or arrests
12leading to the prosecution, to be subsequently made available
13to that law enforcement agency as expendable receipts for use
14in the enforcement of laws regulating controlled substances and
15cannabis. If such seizure was made by a combination of law
16enforcement personnel representing different levels of
17government, the court levying the assessment shall determine
18the allocation of such assessment. The proceeds of assessment
19awarded to the State treasury shall be deposited in a special
20fund known as the Drug Traffic Prevention Fund.
21    (e) More than 200 plants is guilty of a Class 1 felony for
22which a fine not to exceed $100,000 may be imposed and for
23which liability for the cost of conducting the investigation
24and eradicating such plants may be assessed. Compensation for
25expenses incurred in the enforcement of this provision shall be
26transmitted to and deposited in the treasurer's office at the



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1level of government represented by the Illinois law enforcement
2agency whose officers or employees conducted the investigation
3or caused the arrest or arrests leading to the prosecution, to
4be subsequently made available to that law enforcement agency
5as expendable receipts for use in the enforcement of laws
6regulating controlled substances and cannabis. If such seizure
7was made by a combination of law enforcement personnel
8representing different levels of government, the court levying
9the assessment shall determine the allocation of such
10assessment. The proceeds of assessment awarded to the State
11treasury shall be deposited in a special fund known as the Drug
12Traffic Prevention Fund.
13(Source: P.A. 95-247, eff. 1-1-08.)
14    (720 ILCS 550/15.2 new)
15    Sec. 15.2. Industrial hemp pilot program.
16    (a) Pursuant to Section 7606 the federal Agricultural Act
17of 2014, an institution of higher education or the Department
18of Agriculture may grow or cultivate industrial hemp if:
19        (1) the industrial hemp is grown or cultivated for
20    purposes of research conducted under an agricultural pilot
21    program or other agricultural or academic research;
22        (2) the pilot program studies the growth, cultivation,
23    or marketing of industrial hemp; and
24        (3) any site used for the growing or cultivating of
25    industrial hemp is certified by, and registered with, the



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1    Department of Agriculture.
2    (b) Before conducting industrial hemp research, an
3institution of higher education shall notify the Department of
4Agriculture and any local law enforcement agency in writing.
5    (c) The institution of higher education shall provide
6quarterly reports and an annual report to the Department of
7Agriculture on the research and the research program shall be
8subject to random inspection by the Department of Agriculture,
9the Department of State Police, or local law enforcement
10agencies. The institution of higher education shall submit the
11annual report to the Department of Agriculture on or before
12October 1.
13    (d) The Department of Agriculture may adopt rules to
14implement this Section. In order to provide for the expeditious
15and timely implementation of this Section, upon notification by
16an institution of higher education that the institution wishes
17to engage in the growth or cultivation of industrial hemp for
18agricultural research purposes, the Department of Agriculture
19may adopt emergency rules under Section 5-45 of the Illinois
20Administrative Procedure Act to implement the provisions of
21this Section. If changes to the rules are required to comply
22with federal rules, the Department of Agriculture may adopt
23peremptory rules as necessary to comply with changes to
24corresponding federal rules. All other rules that the
25Department of Agriculture deems necessary to adopt in
26connection with this Section must proceed through the ordinary



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1rule-making process. The adoption of emergency rules
2authorized by this Section shall be deemed to be necessary for
3the public interest, safety, and welfare.
4    The Department of Agriculture may determine, by rule, the
5duration of an institution of higher education's pilot program
6or industrial hemp research. If the institution of higher
7education has not completed its program within the timeframe
8established by rule, then the Department of Agriculture may
9grant an extension to the pilot program if unanticipated
10circumstances arose that impacted the program.
11    (e) As used in this Section:
12        "Industrial hemp" means cannabis sativa L. having no
13    more than 0.3% total THC available, upon heating, or
14    maximum delta-9 tetrahydrocannabinol content possible.
15        "Institution of higher education" means a State
16    institution of higher education that offers a 4-year degree
17    in agricultural science.".