Sen. Neil Anderson

Filed: 4/10/2018





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2    AMENDMENT NO. ______. Amend Senate Bill 2772 by replacing
3everything after the enacting clause with the following:
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:



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1            (A) processes, distributes, or sells low THC hemp
2        extract or a substantially similar substance;
3            (B) cultivates, processes, distributes, dispenses,
4        or sells either medical or recreational cannabis; or
5            (C) cultivates, processes, or distributes
6        industrial hemp; and
7        (2) that has been accredited as a testing laboratory
8    according to the standards of the International
9    Organization for Standardization by a third-party
10    accrediting body, such as the American Association for
11    Laboratory Accreditation or the Assured Calibration and
12    Laboratory Accreditation Select Services.
13    "Label" means a display of written, printed, or graphic
14matter upon the immediate container of any article; and a
15requirement made by or under the authority of this Act that any
16word, statement, or other information appearing on the label
17shall not be considered to be complied with unless the word,
18statement, or other information also appears on the outside
19container or wrapper, if any, of the retail package of the
20article, or is easily legible through the outside container or
22    "Labeling" means all labels and other written, printed, or
23graphic matter upon an article or any of its containers or
24wrappers or accompanying the article.
25    "Low THC hemp extract" means a substance or compound that:
26        (1) is derived from hemp and is produced by extracting



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1    cannabinoids from the plant through the use of propylene
2    glycol, glycerin, butter, olive oil, or other typical
3    cooking fats; water, ice, or dry ice; or butane, propane,
4    CO2, ethanol, or isopropanol;
5        (2) contains no more than 0.3% total THC by weight; and
6        (3) contains no other controlled substances.
7    "THC" means tetrahydrocannabinol.
8    Section 10. Distribution and sale of low THC hemp extract.
9    (a) A person or commercial enterprise may distribute or
10sell low THC hemp extract if the person or commercial
11enterprise can produce a certificate of analysis for the
12product that shows that it contains no more than 0.3% total THC
13by weight.
14    (b) A person or commercial enterprise may not distribute
15low THC hemp extract without having obtained the certificate of
16analysis for the product.
17    (c) Low THC hemp extract must be clearly labeled. The label
18must include the following:
19        (1) a scannable bar code or Quick Response code linked
20    to a document that contains information with respect to the
21    manufacture of the low THC hemp extract, including:
22            (A) the product name;
23            (B) the batch identification number for the tested
24        product;
25            (C) the expiration date, which must be not more



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1        than 2 years from the date of manufacture;
2            (D) the ingredients used; and
3            (E) a download link for a certificate of analysis
4        for the product;
5        (2) the batch number for the tested product;
6        (3) a download link for the certificate of analysis for
7    the batch number;
8        (4) the expiration date;
9        (5) the number of milligrams of low THC hemp extract;
10        (6) the ingredients used;
11        (7) the manufacturer of the product; and
12        (8) the fact that the product contains no more than
13    0.3% total THC by weight.
14    (d) Nothing in this Act prevents a person who knowingly
15distributes, sells, or uses a hemp extract that contains more
16than 0.3% THC or who knowingly sells, distributes, or uses a
17misbranded low THC hemp extract product from being prosecuted
18under the Cannabis Control Act, the Illinois Controlled
19Substances Act, or the Illinois Food, Drug and Cosmetic Act.
20    (e) Low THC hemp extract shall be considered misbranded if:
21        (1) it is falsely labeled or offered for sale under the
22    name of another product; or
23        (2) any word, statement, or other information required
24    by or under the authority of this Act to appear on the
25    label or labeling is not prominently and conspicuously
26    placed as compared with other words, statements, designs,



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1    or devices in the labeling, and in terms that render it
2    likely to be read and understood by the ordinary individual
3    under customary conditions of purchase and use.
4    (f) Nothing in this Act shall be construed to change
5current State laws on the cultivation or production of hemp or
6any strain of cannabis.
7    Section 90. The Cannabis Control Act is amended by changing
8Section 3 as follows:
9    (720 ILCS 550/3)  (from Ch. 56 1/2, par. 703)
10    Sec. 3. As used in this Act, unless the context otherwise
12    (a) "Cannabis" includes marihuana, hashish and other
13substances which are identified as including any parts of the
14plant Cannabis Sativa, whether growing or not; the seeds
15thereof, the resin extracted from any part of such plant; and
16any compound, manufacture, salt, derivative, mixture, or
17preparation of such plant, its seeds, or resin, including
18tetrahydrocannabinol (THC) and all other cannabinol
19derivatives, including its naturally occurring or
20synthetically produced ingredients, whether produced directly
21or indirectly by extraction, or independently by means of
22chemical synthesis or by a combination of extraction and
23chemical synthesis; but shall not include the mature stalks of
24such plant, fiber produced from such stalks, oil or cake made



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1from the seeds of such plant, any other compound, manufacture,
2salt, derivative, mixture, or preparation of such mature stalks
3(except the resin extracted therefrom), fiber, oil or cake, or
4the sterilized seed of such plant which is incapable of
5germination. "Cannabis" does not include low THC hemp extract
6as defined in the Commercial Low THC Hemp Extract Act.
7    (b) "Casual delivery" means the delivery of not more than
810 grams of any substance containing cannabis without
10    (c) "Department" means the Illinois Department of Human
11Services (as successor to the Department of Alcoholism and
12Substance Abuse) or its successor agency.
13    (d) "Deliver" or "delivery" means the actual, constructive
14or attempted transfer of possession of cannabis, with or
15without consideration, whether or not there is an agency
17    (e) "Department of State Police" means the Department of
18State Police of the State of Illinois or its successor agency.
19    (f) "Director" means the Director of the Department of
20State Police or his designated agent.
21    (g) "Local authorities" means a duly organized State,
22county, or municipal peace unit or police force.
23    (h) "Manufacture" means the production, preparation,
24propagation, compounding, conversion or processing of
25cannabis, either directly or indirectly, by extraction from
26substances of natural origin, or independently by means of



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1chemical synthesis, or by a combination of extraction and
2chemical synthesis, and includes any packaging or repackaging
3of cannabis or labeling of its container, except that this term
4does not include the preparation, compounding, packaging, or
5labeling of cannabis as an incident to lawful research,
6teaching, or chemical analysis and not for sale.
7    (i) "Person" means any individual, corporation, government
8or governmental subdivision or agency, business trust, estate,
9trust, partnership or association, or any other entity.
10    (j) "Produce" or "production" means planting, cultivating,
11tending or harvesting.
12    (k) "State" includes the State of Illinois and any state,
13district, commonwealth, territory, insular possession thereof,
14and any area subject to the legal authority of the United
15States of America.
16    (l) "Subsequent offense" means an offense under this Act,
17the offender of which, prior to his conviction of the offense,
18has at any time been convicted under this Act or under any laws
19of the United States or of any state relating to cannabis, or
20any controlled substance as defined in the Illinois Controlled
21Substances Act.
22(Source: P.A. 89-507, eff. 7-1-97.)".