Sen. Toi W. Hutchinson

Filed: 3/10/2017





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2    AMENDMENT NO. ______. Amend Senate Bill 1294 by replacing
3everything after the enacting clause with the following:
4    "Section 1. Short title. This Act may be cited as the
5Industrial Hemp Act.
6    Section 5. Definitions. In this Act:
7    "Department" means the Department of Agriculture.
8    "Director" means the Director of Agriculture.
9    "Industrial hemp" means the plant Cannabis sativa L. and
10any part of that plant, whether growing or not, with a delta-9
11tetrahydrocannabinol concentration of not more than 0.3
12percent on a dry weight basis.
13    Section 10. Licenses.
14    (a) A person desiring to grow, cultivate, or process
15industrial hemp or industrial hemp products must be licensed by



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1the Department.
2    (b) The application for a license shall include the name
3and address of the applicant and the legal description of the
4land area, including Global Positioning System coordinates, to
5be used to grow or process industrial hemp.
6    (c) The Department may determine, by rule, the duration of
7a license and the requirements for license renewal.
8    Section 15. Rules.
9    (a) The application and licensing requirements shall be
10determined by the Department and set by rule within 180 days of
11the effective date of this Act.
12    (b) The rules set by the Department shall include one
13yearly inspection and one yearly surprise inspection of a
14licensed industrial hemp cultivation operation.
15    (c) The Department shall adopt rules necessary for the
16administration and enforcement of this Act, including rules
17concerning standards and criteria for licensure, for the
18payment of applicable fees, signage, and for forms required for
19the administration of this Act.
20    Section 20. Hemp products. Nothing in this Act shall alter
21the legality of hemp or hemp products that are presently legal
22to possess or own.
23    Section 25. Violation of federal law. Nothing in this Act



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1shall be construed to authorize any person to violate federal
2rules, regulations, or laws. If any part of this Act conflicts
3with a provision of the federal laws regarding industrial hemp,
4the federal provisions shall control to the extent of the
6    Section 30. Home rule. The regulation and licensing of
7persons to grow, cultivate, process, possess, sell, or purchase
8industrial hemp or industrial hemp related products are
9exclusive powers and functions of the State. These powers and
10functions shall not be exercised concurrently, either directly
11or indirectly, by any unit of local government, including home
12rule units, except as otherwise provided in this Act. This
13Section is a limitation of home rule powers and functions under
14subsection (h) of Section 6 of Article VII of the Illinois
16    Section 900. The Illinois Noxious Weed Law is amended by
17changing Section 2 as follows:
18    (505 ILCS 100/2)  (from Ch. 5, par. 952)
19    Sec. 2. As used in this Act:
20    (1) "Person" means any individual, partnership, firm,
21corporation, company, society, association, the State or any
22department, agency, or subdivision thereof, or any other



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1    (2) "Control", "controlled" or "controlling" includes
2being in charge of or being in possession, whether as owner,
3lessee, renter, or tenant, under statutory authority, or
5    (3) "Director" means the Director of the Department of
6Agriculture of the State of Illinois, or his or her duly
7appointed representative.
8    (4) "Department" means the Department of Agriculture of the
9State of Illinois.
10    (5) "Noxious weed" means any plant which is determined by
11the Director, the Dean of the College of Agricultural, Consumer
12and Environmental Sciences of the University of Illinois and
13the Director of the Agricultural Experiment Station at the
14University of Illinois, to be injurious to public health,
15crops, livestock, land or other property. "Noxious weed" does
16not include industrial hemp as defined and authorized under the
17Industrial Hemp Act.
18    (6) "Control Authority" means the governing body of each
19county, and shall represent all rural areas and cities,
20villages and townships within the county boundaries.
21    (7) "Applicable fund" means the fund current at the time
22the work is performed or the money is received.
23(Source: P.A. 99-539, eff. 7-8-16.)
24    Section 905. The Cannabis Control Act is amended by
25changing Section 3 as follows:



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1    (720 ILCS 550/3)  (from Ch. 56 1/2, par. 703)
2    Sec. 3. As used in this Act, unless the context otherwise
4    (a) "Cannabis" includes marihuana, hashish and other
5substances which are identified as including any parts of the
6plant Cannabis Sativa, whether growing or not; the seeds
7thereof, the resin extracted from any part of such plant; and
8any compound, manufacture, salt, derivative, mixture, or
9preparation of such plant, its seeds, or resin, including
10tetrahydrocannabinol (THC) and all other cannabinol
11derivatives, including its naturally occurring or
12synthetically produced ingredients, whether produced directly
13or indirectly by extraction, or independently by means of
14chemical synthesis or by a combination of extraction and
15chemical synthesis; but shall not include the mature stalks of
16such plant, fiber produced from such stalks, oil or cake made
17from the seeds of such plant, any other compound, manufacture,
18salt, derivative, mixture, or preparation of such mature stalks
19(except the resin extracted therefrom), fiber, oil or cake, or
20the sterilized seed of such plant which is incapable of
21germination. "Cannabis" does not include industrial hemp as
22defined and authorized under the Industrial Hemp Act.
23    (b) "Casual delivery" means the delivery of not more than
2410 grams of any substance containing cannabis without



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1    (c) "Department" means the Illinois Department of Human
2Services (as successor to the Department of Alcoholism and
3Substance Abuse) or its successor agency.
4    (d) "Deliver" or "delivery" means the actual, constructive
5or attempted transfer of possession of cannabis, with or
6without consideration, whether or not there is an agency
8    (e) "Department of State Police" means the Department of
9State Police of the State of Illinois or its successor agency.
10    (f) "Director" means the Director of the Department of
11State Police or his designated agent.
12    (g) "Local authorities" means a duly organized State,
13county, or municipal peace unit or police force.
14    (h) "Manufacture" means the production, preparation,
15propagation, compounding, conversion or processing of
16cannabis, either directly or indirectly, by extraction from
17substances of natural origin, or independently by means of
18chemical synthesis, or by a combination of extraction and
19chemical synthesis, and includes any packaging or repackaging
20of cannabis or labeling of its container, except that this term
21does not include the preparation, compounding, packaging, or
22labeling of cannabis as an incident to lawful research,
23teaching, or chemical analysis and not for sale.
24    (i) "Person" means any individual, corporation, government
25or governmental subdivision or agency, business trust, estate,
26trust, partnership or association, or any other entity.



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