Public Act 100-1091
 
SB2298 EnrolledLRB100 16654 SLF 31792 b


  
    AN ACT concerning agriculture.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  




 
 
    Section 1. Short title. This Act may be cited as the 
Industrial Hemp Act.
 
    Section 5. Definitions. In this Act:
    "Department" means the Department of Agriculture.
    "Director" means the Director of Agriculture.
    "Industrial hemp" means the plant Cannabis sativa L. and 
any part of that plant, whether growing or not, with a delta-9 
tetrahydrocannabinol concentration of not more than 0.3 
percent on a dry weight basis that has been cultivated under a 
license issued under this Act or is otherwise lawfully present 
in this State, and includes any intermediate or finished 
product made or derived from industrial hemp.
    "Land area" means a farm as defined in Section 1-60 of the 
Property Tax Code in this State or land or facilities under the 
control of an institution of higher education.
    "Person" means any individual, partnership, firm, 
corporation, company, society, association, the State or any 
department, agency, or subdivision thereof, or any other 
entity.
    "Process" means the conversion of raw industrial hemp plant 
material into a form that is presently legal to import from 
outside the United States under federal law.
    "THC" means delta-9 tetrahydrocannabinol.
 
    Section 10. Licenses and registration. 
    (a) Under Section 5940 of Title 7 of the United States 
Code,  no person shall cultivate industrial hemp in this State 
without a license issued by the Department.

    (b) The application for a license shall include:
         (1) the name and address of the applicant;
          (2) the legal description of the land area, including 
    Global Positioning System coordinates, to be used to 
    cultivate industrial hemp; and
        (3) if federal law requires a research purpose for the 
    cultivation of industrial hemp, a description of one or 
    more research purposes planned for the cultivation of 
    industrial hemp which  may include the study of the growth, 
    cultivation, or marketing of industrial hemp; however, the 
    research purpose requirement shall not be construed to 
    limit the commercial sale of industrial hemp.
    (b-5) A person shall not process industrial hemp in this 
State without registering with the Department on a form 
prescribed by the Department.
    (c) The Department may determine, by rule, the duration of 
a license or registration; application, registration, and 
license fees; and the requirements for license or registration 
renewal.
 
    Section 15. Rules. 
    (a) The application and licensing requirements shall be 
determined by the Department and set by rule within 120 days of 
the effective date of this Act.
    (b) The rules set by the Department shall include one

yearly inspection of a licensed industrial hemp cultivation 
operation and allow for additional unannounced inspections of a

licensed industrial hemp cultivation operation at the 
Department's discretion.
    (c) The Department shall adopt rules necessary for the 
administration and enforcement of this Act, including rules 
concerning standards and criteria for licensure and 
registration, for the payment of applicable fees, signage, and 
for forms required for the administration of this Act.
    (d) The Department shall adopt rules for the testing  of the 
industrial hemp  THC levels and the disposal of plant matter 
exceeding lawful THC levels, including an option for a 
cultivator to retest for a minor violation, with the retest 
threshold determined by the Department and set in rule. Those 
rules may provide for the use of seed certified to meet the THC 
levels mandated by this Act as an alternative to testing.


 
    Section 17. Administrative hearings. Administrative 
hearings involving licensees under this Act shall be conducted 
under the Department's rules governing formal administrative 
proceedings.
 
    Section 18. Industrial Hemp Regulatory Fund. There is 
created in the State treasury a special fund to be known as the 
Industrial Hemp Regulatory Fund.  All fees and fines collected 
by the Department under this Act shall be deposited into the 
Fund.  Moneys in the Fund shall be utilized by the Department 
for the purposes of implementation, administration, and 
enforcement of this Act.
 
    Section 19. Immunity. Except for willful or wanton 
misconduct, a person employed by the Department shall not be 
subject to criminal or civil penalties for taking any action 
under this Act when the actions are within the scope of his or 
her employment.  Representation and indemnification of 
Department employees shall be provided to Department employees 
as set forth in Section 2 of the State Employee Indemnification 
Act.
 
    Section 20. Hemp products. Nothing in this Act shall alter 
the legality of hemp or hemp products that are presently legal 
to possess or own.
 
    Section 25. Violation of federal law. Nothing in this Act 
shall be construed to authorize any person to violate federal 
rules, regulations, or laws. If any part of this Act conflicts 
with a provision of the federal laws regarding industrial hemp, 
the federal provisions shall control to the extent of the 
conflict.  
  
 
    Section 895. The State Finance Act is amended by adding 
Section 5.886 as follows:
 
    (30 ILCS 105/5.886 new)
    Sec. 5.886. The Industrial Hemp Regulatory  Fund.
 
    Section 900. The Illinois Noxious Weed Law is amended  by 
changing Section 2 as follows:
 



    (505 ILCS 100/2)  (from Ch. 5, par. 952)



    Sec. 2. As used in this Act: 
    (1) "Person" means any individual, partnership,
firm, 
corporation, company, society, association, the State or any

department, agency, or subdivision thereof, or any other 
entity.

    (2) "Control", "controlled" or "controlling" includes 
being in
charge of or being in possession, whether as owner, 
lessee, renter, or
tenant, under statutory authority, or 
otherwise.

    (3) "Director" means the Director of the Department of 
Agriculture
of the State of Illinois, or his or her duly 
appointed representative.

    (4) "Department" means the Department of Agriculture of the 
State of
Illinois.

    (5) "Noxious weed" means any plant which is determined by 
the
Director, the Dean of the College of Agricultural, Consumer 
and Environmental Sciences of the University of
Illinois and 
the Director of the Agricultural Experiment Station at the

University of Illinois, to be injurious to public health, 
crops,
livestock, land or other property. "Noxious weed" does 
not include industrial hemp as defined and authorized under the 
Industrial Hemp Act.

    (6) "Control Authority" means the governing body of each 
county, and
shall represent all rural areas and cities, 
villages and townships
within the county boundaries.

    (7) "Applicable fund" means the fund current at the time 
the work is
performed or the money is received.

(Source: P.A. 99-539, eff. 7-8-16.)

 
    Section 905. The Cannabis Control Act is amended  by 
changing Sections 3 and 8 as follows:
 



    (720 ILCS 550/3)  (from Ch. 56 1/2, par. 703)



    Sec. 3. As used in this Act, unless the context otherwise 
requires: 


    (a) "Cannabis" includes marihuana, hashish and other 
substances which
are identified as including any parts of the 
plant Cannabis Sativa, whether
growing or not; the seeds 
thereof, the resin extracted from any part of
such plant; and 
any compound, manufacture, salt, derivative, mixture, or

preparation of such plant, its seeds, or resin, including 
tetrahydrocannabinol
(THC) and all other cannabinol 
derivatives, including its naturally occurring
or 
synthetically produced ingredients, whether produced directly 
or indirectly
by extraction, or independently by means of 
chemical synthesis or by a
combination
of extraction and 
chemical synthesis; but shall not include the mature stalks
of 
such plant, fiber produced from such stalks, oil or cake made 
from the
seeds of such plant, any other compound, manufacture, 
salt, derivative,
mixture, or preparation of such mature stalks 
(except the resin extracted
therefrom), fiber, oil or cake, or 
the sterilized seed of such plant which
is incapable of 
germination. "Cannabis" does not include industrial hemp as 
defined and authorized under the Industrial Hemp Act. 

    (b) "Casual delivery" means the delivery of not more than 
10 grams of
any substance containing cannabis without 
consideration.

    (c) "Department" means the Illinois Department of Human 
Services (as
successor to the Department of Alcoholism and 
Substance Abuse) or its successor agency.

    (d) "Deliver" or "delivery" means the actual, constructive 
or attempted
transfer of possession of cannabis, with or 
without consideration, whether
or not there is an agency 
relationship.

    (e) "Department of State Police" means the Department
of 
State Police of the State of Illinois or its successor agency.

    (f) "Director" means the Director of the Department of 
State Police
or his designated agent.

    (g) "Local authorities" means a duly organized State, 
county, or municipal
peace unit or police force.

    (h) "Manufacture" means the production, preparation, 
propagation,
compounding,
conversion or processing of 
cannabis, either directly or indirectly, by
extraction from 
substances of natural origin, or independently by means
of 
chemical synthesis, or by a combination of extraction and 
chemical
synthesis,
and includes any packaging or repackaging 
of cannabis or labeling of its
container, except that this term 
does not include the preparation, compounding,
packaging, or 
labeling of cannabis as an incident to lawful research, 
teaching,
or chemical analysis and not for sale.

    (i) "Person" means any individual, corporation, government 
or governmental
subdivision or agency, business trust, estate, 
trust, partnership or association,
or any other entity.

    (j) "Produce" or "production" means planting, cultivating, 
tending or harvesting.

    (k) "State" includes the State of Illinois and any state, 
district, commonwealth,
territory, insular possession thereof, 
and any area subject to the legal
authority of the United 
States of America.

    (l) "Subsequent offense" means an offense under this Act, 
the offender
of which, prior to his conviction of the offense, 
has at any time been convicted
under this Act or under any laws 
of the United States or of any state relating
to cannabis, or 
any controlled substance as defined in the Illinois Controlled

Substances Act.

(Source: P.A. 89-507, eff. 7-1-97.)


 

    Section 999. Effective date. This Act takes effect upon 
becoming law.


Effective Date:  8/26/2018