Illinois General Assembly - Full Text of SB2298
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Full Text of SB2298  100th General Assembly


Sen. Toi W. Hutchinson

Filed: 4/6/2018





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2    AMENDMENT NO. ______. Amend Senate Bill 2298 by replacing
3everything after the enacting clause with the following:
4    "Section 1. Short title. This Act may be cited as the
5Industrial 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
10any part of that plant, whether growing or not, with a delta-9
11tetrahydrocannabinol concentration of not more than 0.3
12percent on a dry weight basis that has been cultivated under a
13license issued under this Act or is otherwise lawfully present
14in this State, and includes any intermediate or finished
15product made or derived from industrial hemp.
16    "Land area" means a farm as defined in Section 1-60 of the



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1Property Tax Code in this State or land or facilities under the
2control of an institution of higher education.
3    "Person" means any individual, partnership, firm,
4corporation, company, society, association, the State or any
5department, agency, or subdivision thereof, or any other
7    "Process" means the conversion of raw industrial hemp plant
8material into a form that is presently legal to import from
9outside 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
13Code, no person shall cultivate industrial hemp in this State
14without 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
3State without registering with the Department on a form
4prescribed by the Department.
5    (c) The Department may determine, by rule, the duration of
6a license or registration; application, registration, and
7license fees; and the requirements for license or registration
9    Section 15. Rules.
10    (a) The application and licensing requirements shall be
11determined by the Department and set by rule within 120 days of
12the effective date of this Act.
13    (b) The rules set by the Department shall include one
14yearly inspection of a licensed industrial hemp cultivation
15operation and allow for additional unannounced inspections of a
16licensed industrial hemp cultivation operation at the
17Department's discretion.
18    (c) The Department shall adopt rules necessary for the
19administration and enforcement of this Act, including rules
20concerning standards and criteria for licensure and
21registration, for the payment of applicable fees, signage, and
22for forms required for the administration of this Act.
23    (d) The Department shall adopt rules for the testing of the
24industrial hemp THC levels and the disposal of plant matter
25exceeding lawful THC levels, including an option for a



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1cultivator to retest for a minor violation, with the retest
2threshold determined by the Department and set in rule. Those
3rules may provide for the use of seed certified to meet the THC
4levels mandated by this Act as an alternative to testing.
5    Section 17. Administrative hearings. Administrative
6hearings involving licensees under the Act shall be conducted
7under the Department's rules governing formal administrative
9    Section 18. Industrial Hemp Regulatory Fund. There is
10created in the State treasury a special fund to be known as the
11Industrial Hemp Regulatory Fund. All fees and fines collected
12by the Department under this Act shall be deposited into the
13Fund. Moneys in the Fund shall be utilized by the Department
14for the purposes of implementation, administration, and
15enforcement of this Act.
16    Section 19. Immunity. A person employed by the Department
17shall not be subject to criminal or civil penalties for taking
18any action under this Act when the actions are within the scope
19of his or her employment. Representation and indemnification of
20Department employees shall be provided to Department employees
21as set forth in Section 2 of the State Employee Indemnification



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1    Section 20. Hemp products. Nothing in this Act shall alter
2the legality of hemp or hemp products that are presently legal
3to possess or own.
4    Section 25. Violation of federal law. Nothing in this Act
5shall be construed to authorize any person to violate federal
6rules, regulations, or laws. If any part of this Act conflicts
7with a provision of the federal laws regarding industrial hemp,
8the federal provisions shall control to the extent of the
10    Section 895. The State Finance Act is amended by adding
11Section 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
15changing 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,
19corporation, company, society, association, the State or any
20department, agency, or subdivision thereof, or any other



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1    (2) "Control", "controlled" or "controlling" includes
2being in charge of or being in possession, whether as owner,
3lessee, renter, or tenant, under statutory authority, or
5    (3) "Director" means the Director of the Department of
6Agriculture of the State of Illinois, or his or her duly
7appointed representative.
8    (4) "Department" means the Department of Agriculture of the
9State of Illinois.
10    (5) "Noxious weed" means any plant which is determined by
11the Director, the Dean of the College of Agricultural, Consumer
12and Environmental Sciences of the University of Illinois and
13the Director of the Agricultural Experiment Station at the
14University of Illinois, to be injurious to public health,
15crops, livestock, land or other property. "Noxious weed" does
16not include industrial hemp as defined and authorized under the
17Industrial Hemp Act.
18    (6) "Control Authority" means the governing body of each
19county, and shall represent all rural areas and cities,
20villages and townships within the county boundaries.
21    (7) "Applicable fund" means the fund current at the time
22the 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
25changing 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
4    (a) "Cannabis" includes marihuana, hashish and other
5substances which are identified as including any parts of the
6plant Cannabis Sativa, whether growing or not; the seeds
7thereof, the resin extracted from any part of such plant; and
8any compound, manufacture, salt, derivative, mixture, or
9preparation of such plant, its seeds, or resin, including
10tetrahydrocannabinol (THC) and all other cannabinol
11derivatives, including its naturally occurring or
12synthetically produced ingredients, whether produced directly
13or indirectly by extraction, or independently by means of
14chemical synthesis or by a combination of extraction and
15chemical synthesis; but shall not include the mature stalks of
16such plant, fiber produced from such stalks, oil or cake made
17from the seeds of such plant, any other compound, manufacture,
18salt, derivative, mixture, or preparation of such mature stalks
19(except the resin extracted therefrom), fiber, oil or cake, or
20the sterilized seed of such plant which is incapable of
21germination. "Cannabis" does not include industrial hemp as
22defined and authorized under the Industrial Hemp Act.
23    (b) "Casual delivery" means the delivery of not more than
2410 grams of any substance containing cannabis without



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1    (c) "Department" means the Illinois Department of Human
2Services (as successor to the Department of Alcoholism and
3Substance Abuse) or its successor agency.
4    (d) "Deliver" or "delivery" means the actual, constructive
5or attempted transfer of possession of cannabis, with or
6without consideration, whether or not there is an agency
8    (e) "Department of State Police" means the Department of
9State Police of the State of Illinois or its successor agency.
10    (f) "Director" means the Director of the Department of
11State Police or his designated agent.
12    (g) "Local authorities" means a duly organized State,
13county, or municipal peace unit or police force.
14    (h) "Manufacture" means the production, preparation,
15propagation, compounding, conversion or processing of
16cannabis, either directly or indirectly, by extraction from
17substances of natural origin, or independently by means of
18chemical synthesis, or by a combination of extraction and
19chemical synthesis, and includes any packaging or repackaging
20of cannabis or labeling of its container, except that this term
21does not include the preparation, compounding, packaging, or
22labeling of cannabis as an incident to lawful research,
23teaching, or chemical analysis and not for sale.
24    (i) "Person" means any individual, corporation, government
25or governmental subdivision or agency, business trust, estate,
26trust, partnership or association, or any other entity.



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1    (j) "Produce" or "production" means planting, cultivating,
2tending or harvesting.
3    (k) "State" includes the State of Illinois and any state,
4district, commonwealth, territory, insular possession thereof,
5and any area subject to the legal authority of the United
6States of America.
7    (l) "Subsequent offense" means an offense under this Act,
8the offender of which, prior to his conviction of the offense,
9has at any time been convicted under this Act or under any laws
10of the United States or of any state relating to cannabis, or
11any controlled substance as defined in the Illinois Controlled
12Substances Act.
13(Source: P.A. 89-507, eff. 7-1-97.)
14    Section 999. Effective date. This Act takes effect upon
15becoming law.".