Full Text of SB1294 100th General Assembly
SB1294sam002 100TH GENERAL ASSEMBLY | Sen. Toi W. Hutchinson Filed: 4/25/2017
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| 1 | | AMENDMENT TO SENATE BILL 1294
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1294, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 1. Short title. This Act may be cited as the | 6 | | Industrial Hemp Act. | 7 | | Section 5. Definitions. In this Act: | 8 | | "Department" means the Department of Agriculture. | 9 | | "Director" means the Director of Agriculture. | 10 | | "Industrial hemp" means the plant Cannabis sativa L. and | 11 | | any part of that plant, whether growing or not, with a delta-9 | 12 | | tetrahydrocannabinol concentration of not more than 0.3 | 13 | | percent on a dry weight basis that has been cultivated under a | 14 | | license issued under this Act. | 15 | | Section 10. Licenses. |
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| 1 | | (a) A person desiring to cultivate industrial hemp shall be | 2 | | licensed by the Department. | 3 | | (b) The application for a license shall include the name | 4 | | and address of the applicant and the legal description of the | 5 | | land area, including Global Positioning System coordinates, to | 6 | | be used to cultivate industrial hemp. | 7 | | (c) The Department may determine, by rule, the duration of | 8 | | a license and the requirements for license renewal. | 9 | | Section 15. Rules. | 10 | | (a) The application and licensing requirements shall be | 11 | | determined by the Department and set by rule within 240 days of | 12 | | the effective date of this Act. | 13 | | (b) The rules set by the Department shall include one | 14 | | yearly inspection and one yearly surprise inspection of a | 15 | | licensed industrial hemp cultivation operation. | 16 | | (c) The Department shall adopt rules necessary for the | 17 | | administration and enforcement of this Act, including rules | 18 | | concerning standards and criteria for licensure, for the | 19 | | payment of applicable fees, signage, and for forms required for | 20 | | the administration of this Act. | 21 | | Section 17. Administrative hearings. Administrative | 22 | | hearings involving licensees under the Act shall be conducted | 23 | | under the Department of Agriculture's rules governing formal | 24 | | administrative proceedings. |
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| 1 | | Section 18. Industrial Hemp Regulatory Fund. There is | 2 | | created in the State treasury a special fund to be known as the | 3 | | Industrial Hemp Regulatory Fund. All fees and fines collected | 4 | | by the Department under this Act shall be deposited into the | 5 | | Fund. Monies in the Fund shall be utilized by the Department | 6 | | for the purposes of implementation, administration, and | 7 | | enforcement of this Act. | 8 | | Section 19. Immunity. A person employed by the Department | 9 | | shall not be subject to criminal or civil penalties for taking | 10 | | any action under this Act when the actions are within the scope | 11 | | of his or her employment. Representation and indemnification of | 12 | | Department employees shall be provided to Department employees | 13 | | as set forth in Section 2 of the State Employee Indemnification | 14 | | Act. | 15 | | Section 20. Hemp products. Nothing in this Act shall alter | 16 | | the legality of hemp or hemp products that are presently legal | 17 | | to possess or own. To the extent that the Compassionate Use of | 18 | | Medical Cannabis Pilot Program Act, and its rules, regulate | 19 | | products marketed as CBD medicinal products, that Act and its | 20 | | rules control the production and sale of those products. | 21 | | Section 25. Violation of federal law. Nothing in this Act | 22 | | shall be construed to authorize any person to violate federal |
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| 1 | | rules, regulations, or laws. If any part of this Act conflicts | 2 | | with a provision of the federal laws regarding industrial hemp, | 3 | | the federal provisions shall control to the extent of the | 4 | | conflict. | 5 | | Section 30. Home rule. The regulation and licensing of | 6 | | persons to grow, cultivate, process, possess, sell, or purchase | 7 | | industrial hemp or industrial hemp related products are
| 8 | | exclusive powers and functions of the State. These powers and | 9 | | functions shall
not be exercised concurrently, either directly | 10 | | or indirectly, by
any unit of local government, including home | 11 | | rule units, except as
otherwise provided in this Act. This | 12 | | Section is a limitation of home rule
powers and functions under | 13 | | subsection (h) of Section 6 of Article VII of the Illinois | 14 | | Constitution.
| 15 | | Section 895. The State Finance Act is amended by adding | 16 | | Section 5.878 as follows: | 17 | | (30 ILCS 105/5.878 new) | 18 | | Sec. 5.878. The Industrial Hemp Regulatory Fund. | 19 | | Section 900. The Illinois Noxious Weed Law is amended by | 20 | | changing Section 2 as follows:
| 21 | | (505 ILCS 100/2) (from Ch. 5, par. 952)
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| 1 | | Sec. 2. As used in this Act: | 2 | | (1) "Person" means any individual, partnership,
firm, | 3 | | corporation, company, society, association, the State or any
| 4 | | department, agency, or subdivision thereof, or any other | 5 | | entity.
| 6 | | (2) "Control", "controlled" or "controlling" includes | 7 | | being in
charge of or being in possession, whether as owner, | 8 | | lessee, renter, or
tenant, under statutory authority, or | 9 | | otherwise.
| 10 | | (3) "Director" means the Director of the Department of | 11 | | Agriculture
of the State of Illinois, or his or her duly | 12 | | appointed representative.
| 13 | | (4) "Department" means the Department of Agriculture of the | 14 | | State of
Illinois.
| 15 | | (5) "Noxious weed" means any plant which is determined by | 16 | | the
Director, the Dean of the College of Agricultural, Consumer | 17 | | and Environmental Sciences of the University of
Illinois and | 18 | | the Director of the Agricultural Experiment Station at the
| 19 | | University of Illinois, to be injurious to public health, | 20 | | crops,
livestock, land or other property. "Noxious weed" does | 21 | | not include industrial hemp as defined and authorized under the | 22 | | Industrial Hemp Act.
| 23 | | (6) "Control Authority" means the governing body of each | 24 | | county, and
shall represent all rural areas and cities, | 25 | | villages and townships
within the county boundaries.
| 26 | | (7) "Applicable fund" means the fund current at the time |
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| 1 | | the work is
performed or the money is received.
| 2 | | (Source: P.A. 99-539, eff. 7-8-16.)
| 3 | | Section 905. The Cannabis Control Act is amended by | 4 | | changing Sections 3 and 8 as follows:
| 5 | | (720 ILCS 550/3) (from Ch. 56 1/2, par. 703)
| 6 | | Sec. 3. As used in this Act, unless the context otherwise | 7 | | requires:
| 8 | | (a) "Cannabis" includes marihuana, hashish and other | 9 | | substances which
are identified as including any parts of the | 10 | | plant Cannabis Sativa, whether
growing or not; the seeds | 11 | | thereof, the resin extracted from any part of
such plant; and | 12 | | any compound, manufacture, salt, derivative, mixture, or
| 13 | | preparation of such plant, its seeds, or resin, including | 14 | | tetrahydrocannabinol
(THC) and all other cannabinol | 15 | | derivatives, including its naturally occurring
or | 16 | | synthetically produced ingredients, whether produced directly | 17 | | or indirectly
by extraction, or independently by means of | 18 | | chemical synthesis or by a
combination
of extraction and | 19 | | chemical synthesis; but shall not include the mature stalks
of | 20 | | such plant, fiber produced from such stalks, oil or cake made | 21 | | from the
seeds of such plant, any other compound, manufacture, | 22 | | salt, derivative,
mixture, or preparation of such mature stalks | 23 | | (except the resin extracted
therefrom), fiber, oil or cake, or | 24 | | the sterilized seed of such plant which
is incapable of |
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| 1 | | germination. "Cannabis" does not include industrial hemp as | 2 | | defined and authorized under the Industrial Hemp Act.
| 3 | | (b) "Casual delivery" means the delivery of not more than | 4 | | 10 grams of
any substance containing cannabis without | 5 | | consideration.
| 6 | | (c) "Department" means the Illinois Department of Human | 7 | | Services (as
successor to the Department of Alcoholism and | 8 | | Substance Abuse) or its successor agency.
| 9 | | (d) "Deliver" or "delivery" means the actual, constructive | 10 | | or attempted
transfer of possession of cannabis, with or | 11 | | without consideration, whether
or not there is an agency | 12 | | relationship.
| 13 | | (e) "Department of State Police" means the Department
of | 14 | | State Police of the State of Illinois or its successor agency.
| 15 | | (f) "Director" means the Director of the Department of | 16 | | State Police
or his designated agent.
| 17 | | (g) "Local authorities" means a duly organized State, | 18 | | county, or municipal
peace unit or police force.
| 19 | | (h) "Manufacture" means the production, preparation, | 20 | | propagation,
compounding,
conversion or processing of | 21 | | cannabis, either directly or indirectly, by
extraction from | 22 | | substances of natural origin, or independently by means
of | 23 | | chemical synthesis, or by a combination of extraction and | 24 | | chemical
synthesis,
and includes any packaging or repackaging | 25 | | of cannabis or labeling of its
container, except that this term | 26 | | does not include the preparation, compounding,
packaging, or |
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| 1 | | labeling of cannabis as an incident to lawful research, | 2 | | teaching,
or chemical analysis and not for sale.
| 3 | | (i) "Person" means any individual, corporation, government | 4 | | or governmental
subdivision or agency, business trust, estate, | 5 | | trust, partnership or association,
or any other entity.
| 6 | | (j) "Produce" or "production" means planting, cultivating, | 7 | | tending or harvesting.
| 8 | | (k) "State" includes the State of Illinois and any state, | 9 | | district, commonwealth,
territory, insular possession thereof, | 10 | | and any area subject to the legal
authority of the United | 11 | | States of America.
| 12 | | (l) "Subsequent offense" means an offense under this Act, | 13 | | the offender
of which, prior to his conviction of the offense, | 14 | | has at any time been convicted
under this Act or under any laws | 15 | | of the United States or of any state relating
to cannabis, or | 16 | | any controlled substance as defined in the Illinois Controlled
| 17 | | Substances Act.
| 18 | | (Source: P.A. 89-507, eff. 7-1-97 .)
| 19 | | (720 ILCS 550/8) (from Ch. 56 1/2, par. 708)
| 20 | | Sec. 8. It is unlawful for any person knowingly to produce | 21 | | the
cannabis sativa plant or to possess such plants unless | 22 | | production or possession
has been authorized pursuant to the | 23 | | provisions of Section 11 or 15.2 of the Act.
Any person who | 24 | | violates this Section with respect to production or possession | 25 | | of:
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| 1 | | (a) Not more than 5 plants is guilty of a Class A | 2 | | misdemeanor.
| 3 | | (b) More than 5, but not more than 20 plants, is guilty
of | 4 | | a Class 4 felony.
| 5 | | (c) More than 20, but not more than 50 plants, is
guilty of | 6 | | a Class 3 felony.
| 7 | | (d) More than 50, but not more than 200 plants, is guilty | 8 | | of a Class 2 felony for which
a fine not to exceed $100,000 may | 9 | | be imposed and for which liability for
the cost of conducting | 10 | | the investigation and eradicating such plants may be
assessed. | 11 | | Compensation for expenses incurred in the enforcement of this
| 12 | | provision shall be transmitted to and deposited in the | 13 | | treasurer's office
at the level of government represented by | 14 | | the Illinois law enforcement
agency whose officers or employees | 15 | | conducted the investigation or caused
the arrest or arrests | 16 | | leading to the prosecution, to be subsequently made
available | 17 | | to that law enforcement agency as expendable receipts for use | 18 | | in
the enforcement of laws regulating controlled substances and | 19 | | cannabis. If
such seizure was made by a combination of law | 20 | | enforcement personnel
representing different levels of | 21 | | government, the court levying the
assessment shall determine | 22 | | the allocation of such assessment. The proceeds
of assessment | 23 | | awarded to the State treasury shall be deposited in a special
| 24 | | fund known as the Drug Traffic Prevention Fund. | 25 | | (e) More than 200 plants is guilty of a Class 1 felony for | 26 | | which
a fine not to exceed $100,000 may be imposed and for |
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| 1 | | which liability for
the cost of conducting the investigation | 2 | | and eradicating such plants may be
assessed. Compensation for | 3 | | expenses incurred in the enforcement of this
provision shall be | 4 | | transmitted to and deposited in the treasurer's office
at the | 5 | | level of government represented by the Illinois law enforcement
| 6 | | agency whose officers or employees conducted the investigation | 7 | | or caused
the arrest or arrests leading to the prosecution, to | 8 | | be subsequently made
available to that law enforcement agency | 9 | | as expendable receipts for use in
the enforcement of laws | 10 | | regulating controlled substances and cannabis. If
such seizure | 11 | | was made by a combination of law enforcement personnel
| 12 | | representing different levels of government, the court levying | 13 | | the
assessment shall determine the allocation of such | 14 | | assessment. The proceeds
of assessment awarded to the State | 15 | | treasury shall be deposited in a special
fund known as the Drug | 16 | | Traffic Prevention Fund.
| 17 | | (Source: P.A. 98-1072, eff. 1-1-15 .)
| 18 | | (720 ILCS 550/15.2 rep.) | 19 | | Section 910. The Cannabis Control Act is amended by | 20 | | repealing Section 15.2.".
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