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