Full Text of SB2298 100th General Assembly
SB2298sam001 100TH GENERAL ASSEMBLY | Sen. Toi W. Hutchinson Filed: 4/6/2018
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| 1 | | AMENDMENT TO SENATE BILL 2298
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2298 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 Act. | 6 | | Section 5. Definitions. In this Act: | 7 | | "Department" means the Department of Agriculture. | 8 | | "Director" means the Director of Agriculture. | 9 | | "Industrial hemp" means the plant Cannabis sativa L. and | 10 | | any part of that plant, whether growing or not, with a delta-9 | 11 | | tetrahydrocannabinol concentration of not more than 0.3 | 12 | | percent on a dry weight basis that has been cultivated under a | 13 | | license issued under this Act or is otherwise lawfully present | 14 | | in this State, and includes any intermediate or finished | 15 | | product made or derived from industrial hemp. | 16 | | "Land area" means a farm as defined in Section 1-60 of the |
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| 1 | | Property Tax Code in this State or land or facilities under the | 2 | | control of an institution of higher education. | 3 | | "Person" means any individual, partnership, firm, | 4 | | corporation, company, society, association, the State or any | 5 | | department, agency, or subdivision thereof, or any other | 6 | | entity. | 7 | | "Process" means the conversion of raw industrial hemp plant | 8 | | material into a form that is presently legal to import from | 9 | | outside the United States under federal law. | 10 | | "THC" means delta-9 tetrahydrocannabinol. | 11 | | Section 10. Licenses and registration. | 12 | | (a) Under Section 5940 of Title 7 of the United States | 13 | | Code, no person shall cultivate industrial hemp in this State | 14 | | without a license issued by the Department.
| 15 | | (b) The application for a license shall include: | 16 | | (1) the name and address of the applicant; | 17 | | (2) the legal description of the land area, including | 18 | | Global Positioning System coordinates, to be used to | 19 | | cultivate industrial hemp; and | 20 | | (3) if federal law requires a research purpose for the | 21 | | cultivation of industrial hemp, a description of one or | 22 | | more research purposes planned for the cultivation of | 23 | | industrial hemp which may include the study of the growth, | 24 | | cultivation, or marketing of industrial hemp; however, the | 25 | | research purpose requirement shall not be construed to |
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| 1 | | limit the commercial sale of industrial hemp. | 2 | | (b-5) A person shall not process industrial hemp in this | 3 | | State without registering with the Department on a form | 4 | | prescribed by the Department. | 5 | | (c) The Department may determine, by rule, the duration of | 6 | | a license or registration; application, registration, and | 7 | | license fees; and the requirements for license or registration | 8 | | renewal. | 9 | | Section 15. Rules. | 10 | | (a) The application and licensing requirements shall be | 11 | | determined by the Department and set by rule within 120 days of | 12 | | the effective date of this Act. | 13 | | (b) The rules set by the Department shall include one
| 14 | | yearly inspection of a licensed industrial hemp cultivation | 15 | | operation and allow for additional unannounced inspections of a
| 16 | | licensed industrial hemp cultivation operation at the | 17 | | Department's discretion. | 18 | | (c) The Department shall adopt rules necessary for the | 19 | | administration and enforcement of this Act, including rules | 20 | | concerning standards and criteria for licensure and | 21 | | registration, for the payment of applicable fees, signage, and | 22 | | for forms required for the administration of this Act. | 23 | | (d) The Department shall adopt rules for the testing of the | 24 | | industrial hemp THC levels and the disposal of plant matter | 25 | | exceeding lawful THC levels, including an option for a |
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| 1 | | cultivator to retest for a minor violation, with the retest | 2 | | threshold determined by the Department and set in rule. Those | 3 | | rules may provide for the use of seed certified to meet the THC | 4 | | levels mandated by this Act as an alternative to testing.
| 5 | | Section 17. Administrative hearings. Administrative | 6 | | hearings involving licensees under the Act shall be conducted | 7 | | under the Department's rules governing formal administrative | 8 | | proceedings. | 9 | | Section 18. Industrial Hemp Regulatory Fund. There is | 10 | | created in the State treasury a special fund to be known as the | 11 | | Industrial Hemp Regulatory Fund. All fees and fines collected | 12 | | by the Department under this Act shall be deposited into the | 13 | | Fund. Moneys in the Fund shall be utilized by the Department | 14 | | for the purposes of implementation, administration, and | 15 | | enforcement of this Act. | 16 | | Section 19. Immunity. A person employed by the Department | 17 | | shall not be subject to criminal or civil penalties for taking | 18 | | any action under this Act when the actions are within the scope | 19 | | of his or her employment. Representation and indemnification of | 20 | | Department employees shall be provided to Department employees | 21 | | as set forth in Section 2 of the State Employee Indemnification | 22 | | Act. |
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| 1 | | Section 20. Hemp products. Nothing in this Act shall alter | 2 | | the legality of hemp or hemp products that are presently legal | 3 | | to possess or own. | 4 | | Section 25. Violation of federal law. Nothing in this Act | 5 | | shall be construed to authorize any person to violate federal | 6 | | rules, regulations, or laws. If any part of this Act conflicts | 7 | | with a provision of the federal laws regarding industrial hemp, | 8 | | the federal provisions shall control to the extent of the | 9 | | conflict.
| 10 | | Section 895. The State Finance Act is amended by adding | 11 | | Section 5.886 as follows: | 12 | | (30 ILCS 105/5.886 new) | 13 | | Sec. 5.886. The Industrial Hemp Regulatory Fund. | 14 | | Section 900. The Illinois Noxious Weed Law is amended by | 15 | | changing Section 2 as follows:
| 16 | | (505 ILCS 100/2) (from Ch. 5, par. 952)
| 17 | | Sec. 2. As used in this Act: | 18 | | (1) "Person" means any individual, partnership,
firm, | 19 | | corporation, company, society, association, the State or any
| 20 | | department, agency, or subdivision thereof, or any other | 21 | | entity.
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| 1 | | (2) "Control", "controlled" or "controlling" includes | 2 | | being in
charge of or being in possession, whether as owner, | 3 | | lessee, renter, or
tenant, under statutory authority, or | 4 | | otherwise.
| 5 | | (3) "Director" means the Director of the Department of | 6 | | Agriculture
of the State of Illinois, or his or her duly | 7 | | appointed representative.
| 8 | | (4) "Department" means the Department of Agriculture of the | 9 | | State of
Illinois.
| 10 | | (5) "Noxious weed" means any plant which is determined by | 11 | | the
Director, the Dean of the College of Agricultural, Consumer | 12 | | and Environmental Sciences of the University of
Illinois and | 13 | | the Director of the Agricultural Experiment Station at the
| 14 | | University of Illinois, to be injurious to public health, | 15 | | crops,
livestock, land or other property. "Noxious weed" does | 16 | | not include industrial hemp as defined and authorized under the | 17 | | Industrial Hemp Act.
| 18 | | (6) "Control Authority" means the governing body of each | 19 | | county, and
shall represent all rural areas and cities, | 20 | | villages and townships
within the county boundaries.
| 21 | | (7) "Applicable fund" means the fund current at the time | 22 | | the work is
performed or the money is received.
| 23 | | (Source: P.A. 99-539, eff. 7-8-16.)
| 24 | | Section 905. The Cannabis Control Act is amended by | 25 | | changing Sections 3 and 8 as follows:
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| 1 | | (720 ILCS 550/3) (from Ch. 56 1/2, par. 703)
| 2 | | Sec. 3. As used in this Act, unless the context otherwise | 3 | | requires:
| 4 | | (a) "Cannabis" includes marihuana, hashish and other | 5 | | substances which
are identified as including any parts of the | 6 | | plant Cannabis Sativa, whether
growing or not; the seeds | 7 | | thereof, the resin extracted from any part of
such plant; and | 8 | | any compound, manufacture, salt, derivative, mixture, or
| 9 | | preparation of such plant, its seeds, or resin, including | 10 | | tetrahydrocannabinol
(THC) and all other cannabinol | 11 | | derivatives, including its naturally occurring
or | 12 | | synthetically produced ingredients, whether produced directly | 13 | | or indirectly
by extraction, or independently by means of | 14 | | chemical synthesis or by a
combination
of extraction and | 15 | | chemical synthesis; but shall not include the mature stalks
of | 16 | | such plant, fiber produced from such stalks, oil or cake made | 17 | | from the
seeds of such plant, any other compound, manufacture, | 18 | | salt, derivative,
mixture, or preparation of such mature stalks | 19 | | (except the resin extracted
therefrom), fiber, oil or cake, or | 20 | | the sterilized seed of such plant which
is incapable of | 21 | | germination. "Cannabis" does not include industrial hemp as | 22 | | defined and authorized under the Industrial Hemp Act.
| 23 | | (b) "Casual delivery" means the delivery of not more than | 24 | | 10 grams of
any substance containing cannabis without | 25 | | consideration.
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| 1 | | (c) "Department" means the Illinois Department of Human | 2 | | Services (as
successor to the Department of Alcoholism and | 3 | | Substance Abuse) or its successor agency.
| 4 | | (d) "Deliver" or "delivery" means the actual, constructive | 5 | | or attempted
transfer of possession of cannabis, with or | 6 | | without consideration, whether
or not there is an agency | 7 | | relationship.
| 8 | | (e) "Department of State Police" means the Department
of | 9 | | State Police of the State of Illinois or its successor agency.
| 10 | | (f) "Director" means the Director of the Department of | 11 | | State Police
or his designated agent.
| 12 | | (g) "Local authorities" means a duly organized State, | 13 | | county, or municipal
peace unit or police force.
| 14 | | (h) "Manufacture" means the production, preparation, | 15 | | propagation,
compounding,
conversion or processing of | 16 | | cannabis, either directly or indirectly, by
extraction from | 17 | | substances of natural origin, or independently by means
of | 18 | | chemical synthesis, or by a combination of extraction and | 19 | | chemical
synthesis,
and includes any packaging or repackaging | 20 | | of cannabis or labeling of its
container, except that this term | 21 | | does not include the preparation, compounding,
packaging, or | 22 | | labeling of cannabis as an incident to lawful research, | 23 | | teaching,
or chemical analysis and not for sale.
| 24 | | (i) "Person" means any individual, corporation, government | 25 | | or governmental
subdivision or agency, business trust, estate, | 26 | | trust, partnership or association,
or any other entity.
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| 1 | | (j) "Produce" or "production" means planting, cultivating, | 2 | | tending or harvesting.
| 3 | | (k) "State" includes the State of Illinois and any state, | 4 | | district, commonwealth,
territory, insular possession thereof, | 5 | | and any area subject to the legal
authority of the United | 6 | | States of America.
| 7 | | (l) "Subsequent offense" means an offense under this Act, | 8 | | the offender
of which, prior to his conviction of the offense, | 9 | | has at any time been convicted
under this Act or under any laws | 10 | | of the United States or of any state relating
to cannabis, or | 11 | | any controlled substance as defined in the Illinois Controlled
| 12 | | Substances Act.
| 13 | | (Source: P.A. 89-507, eff. 7-1-97 .)
| 14 | | Section 999. Effective date. This Act takes effect upon | 15 | | becoming law.".
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