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1    AN ACT concerning health.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 1. Short title. This Act may be cited as the
5Commercial Low THC Hemp Extract Act.
6    Section 5. Definitions. In this Act:
7    "Certificate of analysis" means a certificate from an
8independent testing laboratory describing the results of the
9laboratory's testing of a sample of a product.
10    "Hemp" means cannabis sativa L. that has no more than 0.3%
11total THC available, upon heating, or maximum delta-9 THC
12content possible.
13    "Independent testing laboratory" means a laboratory:
14        (1) with respect to which no person having a direct or
15    indirect interest in the laboratory also has a direct or
16    indirect interest in a facility that:
17            (A) processes, distributes, or sells low THC hemp
18        extract or a substantially similar substance;
19            (B) cultivates, processes, distributes, dispenses,
20        or sells either medical or recreational cannabis; or
21            (C) cultivates, processes, or distributes
22        industrial hemp; and
23        (2) that has been accredited as a testing laboratory



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1    according to the standards of the International
2    Organization for Standardization by a third-party
3    accrediting body, such as the American Association for
4    Laboratory Accreditation or the Assured Calibration and
5    Laboratory Accreditation Select Services.
6    "Label" means a display of written, printed, or graphic
7matter upon the immediate container of any article; and a
8requirement made by or under the authority of this Act that any
9word, statement, or other information appearing on the label
10shall not be considered to be complied with unless the word,
11statement, or other information also appears on the outside
12container or wrapper, if any, of the retail package of the
13article, or is easily legible through the outside container or
15    "Labeling" means all labels and other written, printed, or
16graphic matter upon an article or any of its containers or
17wrappers or accompanying the article.
18    "Low THC hemp extract" means a substance or compound that:
19        (1) is derived from hemp and is produced by extracting
20    cannabinoids from the plant through the use of propylene
21    glycol, glycerin, butter, olive oil, or other typical
22    cooking fats; water, ice, or dry ice; or butane, propane,
23    CO2, ethanol, or isopropanol;
24        (2) contains no more than 0.3% total THC by weight; and
25        (3) contains no other controlled substances.
26    "THC" means tetrahydrocannabinol.



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1    Section 10. Distribution and sale of low THC hemp extract.
2    (a) A person or commercial enterprise may distribute or
3sell low THC hemp extract if the person or commercial
4enterprise can produce a certificate of analysis for the
5product that shows that it contains no more than 0.3% total THC
6by weight.
7    (b) A person or commercial enterprise may not distribute
8low THC hemp extract without having obtained the certificate of
9analysis for the product.
10    (c) Low THC hemp extract must be clearly labeled. The label
11must include the following:
12        (1) a scannable bar code or Quick Response code linked
13    to a document that contains information with respect to the
14    manufacture of the low THC hemp extract, including:
15            (A) the product name;
16            (B) the batch identification number for the tested
17        product;
18            (C) the expiration date, which must be not more
19        than 2 years from the date of manufacture;
20            (D) the ingredients used; and
21            (E) a download link for a certificate of analysis
22        for the product;
23        (2) the batch number for the tested product;
24        (3) a download link for the certificate of analysis for
25    the batch number;



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1        (4) the expiration date;
2        (5) the number of milligrams of low THC hemp extract;
3        (6) the ingredients used;
4        (7) the manufacturer of the product; and
5        (8) the fact that the product contains no more than
6    0.3% total THC by weight.
7    (d) Nothing in this Act prevents a person who knowingly
8distributes, sells, or uses a hemp extract that contains more
9than 0.3% THC or who knowingly sells, distributes, or uses a
10misbranded low THC hemp extract product from being prosecuted
11under the Cannabis Control Act, the Illinois Controlled
12Substances Act, or the Illinois Food, Drug and Cosmetic Act.
13    (e) Low THC hemp extract shall be considered misbranded if:
14        (1) it is falsely labeled or offered for sale under the
15    name of another product; or
16        (2) any word, statement, or other information required
17    by or under the authority of this Act to appear on the
18    label or labeling is not prominently and conspicuously
19    placed as compared with other words, statements, designs,
20    or devices in the labeling, and in terms that render it
21    likely to be read and understood by the ordinary individual
22    under customary conditions of purchase and use.
23    (f) Nothing in this Act shall be construed to change
24current State laws on the cultivation or production of hemp or
25any strain of cannabis.



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1    Section 90. The Cannabis Control Act is amended by changing
2Section 3 as follows:
3    (720 ILCS 550/3)  (from Ch. 56 1/2, par. 703)
4    Sec. 3. As used in this Act, unless the context otherwise
6    (a) "Cannabis" includes marihuana, hashish and other
7substances which are identified as including any parts of the
8plant Cannabis Sativa, whether growing or not; the seeds
9thereof, the resin extracted from any part of such plant; and
10any compound, manufacture, salt, derivative, mixture, or
11preparation of such plant, its seeds, or resin, including
12tetrahydrocannabinol (THC) and all other cannabinol
13derivatives, including its naturally occurring or
14synthetically produced ingredients, whether produced directly
15or indirectly by extraction, or independently by means of
16chemical synthesis or by a combination of extraction and
17chemical synthesis; but shall not include the mature stalks of
18such plant, fiber produced from such stalks, oil or cake made
19from the seeds of such plant, any other compound, manufacture,
20salt, derivative, mixture, or preparation of such mature stalks
21(except the resin extracted therefrom), fiber, oil or cake, or
22the sterilized seed of such plant which is incapable of
23germination. "Cannabis" does not include low THC hemp extract
24as defined in the Commercial Low THC Hemp Extract Act.
25    (b) "Casual delivery" means the delivery of not more than



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110 grams of any substance containing cannabis without
3    (c) "Department" means the Illinois Department of Human
4Services (as successor to the Department of Alcoholism and
5Substance Abuse) or its successor agency.
6    (d) "Deliver" or "delivery" means the actual, constructive
7or attempted transfer of possession of cannabis, with or
8without consideration, whether or not there is an agency
10    (e) "Department of State Police" means the Department of
11State Police of the State of Illinois or its successor agency.
12    (f) "Director" means the Director of the Department of
13State Police or his designated agent.
14    (g) "Local authorities" means a duly organized State,
15county, or municipal peace unit or police force.
16    (h) "Manufacture" means the production, preparation,
17propagation, compounding, conversion or processing of
18cannabis, either directly or indirectly, by extraction from
19substances of natural origin, or independently by means of
20chemical synthesis, or by a combination of extraction and
21chemical synthesis, and includes any packaging or repackaging
22of cannabis or labeling of its container, except that this term
23does not include the preparation, compounding, packaging, or
24labeling of cannabis as an incident to lawful research,
25teaching, or chemical analysis and not for sale.
26    (i) "Person" means any individual, corporation, government



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