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Public Act 102-0690


 

Public Act 0690 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0690
 
HB3416 EnrolledLRB102 17016 SPS 22438 b

    AN ACT concerning regulation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Industrial Hemp Act is amended by changing
Sections 5, 10, and 15 as follows:
 
    (505 ILCS 89/5)
    Sec. 5. Definitions. In this Act:
    "Department" means the Department of Agriculture.
    "Director" means the Director of Agriculture.
    "Hemp" or "industrial 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.
    "Hemp production plan" means a plan submitted by the
Department to the Secretary of the United States Department of
Agriculture pursuant to the federal Agriculture Improvement
Act of 2018, Public Law 115-334, and consistent with the
Domestic Hemp Production Program pursuant to 7 CFR Part 990
wherein the Department establishes its desire to have primary
regulatory authority over the production of 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.
(Source: P.A. 100-1091, eff. 8-26-18.)
 
    (505 ILCS 89/10)
    Sec. 10. Licenses and registration.
    (a) No 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.
(Source: P.A. 100-1091, eff. 8-26-18.)
 
    (505 ILCS 89/15)
    Sec. 15. Rules.
    (a) The Department shall submit to the Secretary of the
United States Department of Agriculture a hemp production plan
under which the Department monitors and regulates the
production of industrial hemp in this State. The Department
shall adopt rules incorporating the hemp production plan,
including 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 in accordance with
all applicable State and federal laws and regulations,
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.
(Source: P.A. 100-1091, eff. 8-26-18.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 12/17/2021