Sen. Toi W. Hutchinson

Filed: 4/25/2017





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2    AMENDMENT NO. ______. Amend Senate Bill 1294, AS AMENDED,
3by replacing everything after the enacting clause with the
5    "Section 1. Short title. This Act may be cited as the
6Industrial 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
11any part of that plant, whether growing or not, with a delta-9
12tetrahydrocannabinol concentration of not more than 0.3
13percent on a dry weight basis that has been cultivated under a
14license issued under this Act.
15    Section 10. Licenses.



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1    (a) A person desiring to cultivate industrial hemp shall be
2licensed by the Department.
3    (b) The application for a license shall include the name
4and address of the applicant and the legal description of the
5land area, including Global Positioning System coordinates, to
6be used to cultivate industrial hemp.
7    (c) The Department may determine, by rule, the duration of
8a license and the requirements for license renewal.
9    Section 15. Rules.
10    (a) The application and licensing requirements shall be
11determined by the Department and set by rule within 240 days of
12the effective date of this Act.
13    (b) The rules set by the Department shall include one
14yearly inspection and one yearly surprise inspection of a
15licensed industrial hemp cultivation operation.
16    (c) The Department shall adopt rules necessary for the
17administration and enforcement of this Act, including rules
18concerning standards and criteria for licensure, for the
19payment of applicable fees, signage, and for forms required for
20the administration of this Act.
21    Section 17. Administrative hearings. Administrative
22hearings involving licensees under the Act shall be conducted
23under the Department of Agriculture's rules governing formal
24administrative proceedings.



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1    Section 18. Industrial Hemp Regulatory Fund. There is
2created in the State treasury a special fund to be known as the
3Industrial Hemp Regulatory Fund. All fees and fines collected
4by the Department under this Act shall be deposited into the
5Fund. Monies in the Fund shall be utilized by the Department
6for the purposes of implementation, administration, and
7enforcement of this Act.
8    Section 19. Immunity. A person employed by the Department
9shall not be subject to criminal or civil penalties for taking
10any action under this Act when the actions are within the scope
11of his or her employment. Representation and indemnification of
12Department employees shall be provided to Department employees
13as set forth in Section 2 of the State Employee Indemnification
15    Section 20. Hemp products. Nothing in this Act shall alter
16the legality of hemp or hemp products that are presently legal
17to possess or own. To the extent that the Compassionate Use of
18Medical Cannabis Pilot Program Act, and its rules, regulate
19products marketed as CBD medicinal products, that Act and its
20rules control the production and sale of those products.
21    Section 25. Violation of federal law. Nothing in this Act
22shall be construed to authorize any person to violate federal



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1rules, regulations, or laws. If any part of this Act conflicts
2with a provision of the federal laws regarding industrial hemp,
3the federal provisions shall control to the extent of the
5    Section 30. Home rule. The regulation and licensing of
6persons to grow, cultivate, process, possess, sell, or purchase
7industrial hemp or industrial hemp related products are
8exclusive powers and functions of the State. These powers and
9functions shall not be exercised concurrently, either directly
10or indirectly, by any unit of local government, including home
11rule units, except as otherwise provided in this Act. This
12Section is a limitation of home rule powers and functions under
13subsection (h) of Section 6 of Article VII of the Illinois
15    Section 895. The State Finance Act is amended by adding
16Section 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
20changing 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,
3corporation, company, society, association, the State or any
4department, agency, or subdivision thereof, or any other
6    (2) "Control", "controlled" or "controlling" includes
7being in charge of or being in possession, whether as owner,
8lessee, renter, or tenant, under statutory authority, or
10    (3) "Director" means the Director of the Department of
11Agriculture of the State of Illinois, or his or her duly
12appointed representative.
13    (4) "Department" means the Department of Agriculture of the
14State of Illinois.
15    (5) "Noxious weed" means any plant which is determined by
16the Director, the Dean of the College of Agricultural, Consumer
17and Environmental Sciences of the University of Illinois and
18the Director of the Agricultural Experiment Station at the
19University of Illinois, to be injurious to public health,
20crops, livestock, land or other property. "Noxious weed" does
21not include industrial hemp as defined and authorized under the
22Industrial Hemp Act.
23    (6) "Control Authority" means the governing body of each
24county, and shall represent all rural areas and cities,
25villages and townships within the county boundaries.
26    (7) "Applicable fund" means the fund current at the time



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1the 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
4changing 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
8    (a) "Cannabis" includes marihuana, hashish and other
9substances which are identified as including any parts of the
10plant Cannabis Sativa, whether growing or not; the seeds
11thereof, the resin extracted from any part of such plant; and
12any compound, manufacture, salt, derivative, mixture, or
13preparation of such plant, its seeds, or resin, including
14tetrahydrocannabinol (THC) and all other cannabinol
15derivatives, including its naturally occurring or
16synthetically produced ingredients, whether produced directly
17or indirectly by extraction, or independently by means of
18chemical synthesis or by a combination of extraction and
19chemical synthesis; but shall not include the mature stalks of
20such plant, fiber produced from such stalks, oil or cake made
21from the seeds of such plant, any other compound, manufacture,
22salt, derivative, mixture, or preparation of such mature stalks
23(except the resin extracted therefrom), fiber, oil or cake, or
24the sterilized seed of such plant which is incapable of



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1germination. "Cannabis" does not include industrial hemp as
2defined and authorized under the Industrial Hemp Act.
3    (b) "Casual delivery" means the delivery of not more than
410 grams of any substance containing cannabis without
6    (c) "Department" means the Illinois Department of Human
7Services (as successor to the Department of Alcoholism and
8Substance Abuse) or its successor agency.
9    (d) "Deliver" or "delivery" means the actual, constructive
10or attempted transfer of possession of cannabis, with or
11without consideration, whether or not there is an agency
13    (e) "Department of State Police" means the Department of
14State Police of the State of Illinois or its successor agency.
15    (f) "Director" means the Director of the Department of
16State Police or his designated agent.
17    (g) "Local authorities" means a duly organized State,
18county, or municipal peace unit or police force.
19    (h) "Manufacture" means the production, preparation,
20propagation, compounding, conversion or processing of
21cannabis, either directly or indirectly, by extraction from
22substances of natural origin, or independently by means of
23chemical synthesis, or by a combination of extraction and
24chemical synthesis, and includes any packaging or repackaging
25of cannabis or labeling of its container, except that this term
26does not include the preparation, compounding, packaging, or



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1labeling of cannabis as an incident to lawful research,
2teaching, or chemical analysis and not for sale.
3    (i) "Person" means any individual, corporation, government
4or governmental subdivision or agency, business trust, estate,
5trust, partnership or association, or any other entity.
6    (j) "Produce" or "production" means planting, cultivating,
7tending or harvesting.
8    (k) "State" includes the State of Illinois and any state,
9district, commonwealth, territory, insular possession thereof,
10and any area subject to the legal authority of the United
11States of America.
12    (l) "Subsequent offense" means an offense under this Act,
13the offender of which, prior to his conviction of the offense,
14has at any time been convicted under this Act or under any laws
15of the United States or of any state relating to cannabis, or
16any controlled substance as defined in the Illinois Controlled
17Substances 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
21the cannabis sativa plant or to possess such plants unless
22production or possession has been authorized pursuant to the
23provisions of Section 11 or 15.2 of the Act. Any person who
24violates this Section with respect to production or possession



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1    (a) Not more than 5 plants is guilty of a Class A
3    (b) More than 5, but not more than 20 plants, is guilty of
4a Class 4 felony.
5    (c) More than 20, but not more than 50 plants, is guilty of
6a Class 3 felony.
7    (d) More than 50, but not more than 200 plants, is guilty
8of a Class 2 felony for which a fine not to exceed $100,000 may
9be imposed and for which liability for the cost of conducting
10the investigation and eradicating such plants may be assessed.
11Compensation for expenses incurred in the enforcement of this
12provision shall be transmitted to and deposited in the
13treasurer's office at the level of government represented by
14the Illinois law enforcement agency whose officers or employees
15conducted the investigation or caused the arrest or arrests
16leading to the prosecution, to be subsequently made available
17to that law enforcement agency as expendable receipts for use
18in the enforcement of laws regulating controlled substances and
19cannabis. If such seizure was made by a combination of law
20enforcement personnel representing different levels of
21government, the court levying the assessment shall determine
22the allocation of such assessment. The proceeds of assessment
23awarded to the State treasury shall be deposited in a special
24fund known as the Drug Traffic Prevention Fund.
25    (e) More than 200 plants is guilty of a Class 1 felony for
26which a fine not to exceed $100,000 may be imposed and for



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1which liability for the cost of conducting the investigation
2and eradicating such plants may be assessed. Compensation for
3expenses incurred in the enforcement of this provision shall be
4transmitted to and deposited in the treasurer's office at the
5level of government represented by the Illinois law enforcement
6agency whose officers or employees conducted the investigation
7or caused the arrest or arrests leading to the prosecution, to
8be subsequently made available to that law enforcement agency
9as expendable receipts for use in the enforcement of laws
10regulating controlled substances and cannabis. If such seizure
11was made by a combination of law enforcement personnel
12representing different levels of government, the court levying
13the assessment shall determine the allocation of such
14assessment. The proceeds of assessment awarded to the State
15treasury shall be deposited in a special fund known as the Drug
16Traffic 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
20repealing Section 15.2.".