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Public Act 098-1072


 

Public Act 1072 98TH GENERAL ASSEMBLY



 


 
Public Act 098-1072
 
HB5085 EnrolledLRB098 16286 MGM 51346 b

    AN ACT concerning agriculture.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Cannabis Control Act is amended by changing
Section 8 and adding Section 15.2 as follows:
 
    (720 ILCS 550/8)  (from Ch. 56 1/2, par. 708)
    Sec. 8. It is unlawful for any person knowingly to produce
the cannabis sativa plant or to possess such plants unless
production or possession has been authorized pursuant to the
provisions of Section 11 or 15.2 of the Act. Any person who
violates this Section with respect to production or possession
of:
    (a) Not more than 5 plants is guilty of a Class A
misdemeanor.
    (b) More than 5, but not more than 20 plants, is guilty of
a Class 4 felony.
    (c) More than 20, but not more than 50 plants, is guilty of
a Class 3 felony.
    (d) More than 50, but not more than 200 plants, is guilty
of a Class 2 felony for which a fine not to exceed $100,000 may
be imposed and for which liability for the cost of conducting
the investigation and eradicating such plants may be assessed.
Compensation for expenses incurred in the enforcement of this
provision shall be transmitted to and deposited in the
treasurer's office at the level of government represented by
the Illinois law enforcement agency whose officers or employees
conducted the investigation or caused the arrest or arrests
leading to the prosecution, to be subsequently made available
to that law enforcement agency as expendable receipts for use
in the enforcement of laws regulating controlled substances and
cannabis. If such seizure was made by a combination of law
enforcement personnel representing different levels of
government, the court levying the assessment shall determine
the allocation of such assessment. The proceeds of assessment
awarded to the State treasury shall be deposited in a special
fund known as the Drug Traffic Prevention Fund.
    (e) More than 200 plants is guilty of a Class 1 felony for
which a fine not to exceed $100,000 may be imposed and for
which liability for the cost of conducting the investigation
and eradicating such plants may be assessed. Compensation for
expenses incurred in the enforcement of this provision shall be
transmitted to and deposited in the treasurer's office at the
level of government represented by the Illinois law enforcement
agency whose officers or employees conducted the investigation
or caused the arrest or arrests leading to the prosecution, to
be subsequently made available to that law enforcement agency
as expendable receipts for use in the enforcement of laws
regulating controlled substances and cannabis. If such seizure
was made by a combination of law enforcement personnel
representing different levels of government, the court levying
the assessment shall determine the allocation of such
assessment. The proceeds of assessment awarded to the State
treasury shall be deposited in a special fund known as the Drug
Traffic Prevention Fund.
(Source: P.A. 95-247, eff. 1-1-08.)
 
    (720 ILCS 550/15.2 new)
    Sec. 15.2. Industrial hemp pilot program.
    (a) Pursuant to Section 7606 the federal Agricultural Act
of 2014, an institution of higher education or the Department
of Agriculture may grow or cultivate industrial hemp if:
        (1) the industrial hemp is grown or cultivated for
    purposes of research conducted under an agricultural pilot
    program or other agricultural or academic research;
        (2) the pilot program studies the growth, cultivation,
    or marketing of industrial hemp; and
        (3) any site used for the growing or cultivating of
    industrial hemp is certified by, and registered with, the
    Department of Agriculture.
    (b) Before conducting industrial hemp research, an
institution of higher education shall notify the Department of
Agriculture and any local law enforcement agency in writing.
    (c) The institution of higher education shall provide
quarterly reports and an annual report to the Department of
Agriculture on the research and the research program shall be
subject to random inspection by the Department of Agriculture,
the Department of State Police, or local law enforcement
agencies. The institution of higher education shall submit the
annual report to the Department of Agriculture on or before
October 1.
    (d) The Department of Agriculture may adopt rules to
implement this Section. In order to provide for the expeditious
and timely implementation of this Section, upon notification by
an institution of higher education that the institution wishes
to engage in the growth or cultivation of industrial hemp for
agricultural research purposes, the Department of Agriculture
may adopt emergency rules under Section 5-45 of the Illinois
Administrative Procedure Act to implement the provisions of
this Section. If changes to the rules are required to comply
with federal rules, the Department of Agriculture may adopt
peremptory rules as necessary to comply with changes to
corresponding federal rules. All other rules that the
Department of Agriculture deems necessary to adopt in
connection with this Section must proceed through the ordinary
rule-making process. The adoption of emergency rules
authorized by this Section shall be deemed to be necessary for
the public interest, safety, and welfare.
    The Department of Agriculture may determine, by rule, the
duration of an institution of higher education's pilot program
or industrial hemp research. If the institution of higher
education has not completed its program within the timeframe
established by rule, then the Department of Agriculture may
grant an extension to the pilot program if unanticipated
circumstances arose that impacted the program.
    (e) As used in this Section:
        "Industrial hemp" means cannabis sativa L. having no
    more than 0.3% total THC available, upon heating, or
    maximum delta-9 tetrahydrocannabinol content possible.
        "Institution of higher education" means a State
    institution of higher education that offers a 4-year degree
    in agricultural science.

Effective Date: 1/1/2015