102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
Introduced 1/14/2021, by Rep. Bob Morgan
SYNOPSIS AS INTRODUCED:
5 ILCS 100/5-45.8 new
30 ILCS 105/5.935 new
Creates the CBD Safety Act. Prohibits the sale or distribution of a
CBD product unless the CBD product has labeling and has undergone lab
testing that meet labeling and minimum testing requirements pursuant to
rules adopted by the Department of Agriculture. Requires the Department to
administer and enforce the Act and to develop rules for the labeling and
minimum testing requirements of CBD products using a specified provision
of the Illinois Administrative Code as a model. Provides that the
Department of Public Health, the Illinois State Police, and the Department
of Agriculture may inspect any business that manufactures, processes,
transports, or distributes CBD products in the State to ensure compliance
with the Act. Provides specified criminal fines, imprisonment, and
administrative penalties for violations of the Act and directs that
criminal fines collected under the Act shall be deposited into the CBD
Safety Fund. Allows the Director to pursue and a court to grant a temporary
restraining order or a preliminary or permanent injunction restraining any
person from violating the Act. Contains other provisions. Amends the
Illinois Administrative Procedure Act. Allows the Department of
Agriculture to adopt emergency rules to implement the CBD Safety Act.
Amends the State Finance Act. Creates the CBD Safety Fund. Effective 180
days after becoming law.
|FISCAL NOTE ACT MAY APPLY|
A BILL FOR
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AN ACT concerning health.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
This Act may be cited as the
In this Act:
"CBD" means cannabidiol derived from cannabis. "CBD"
includes resin extracted from any part of a cannabis plant and
any compound, manufacture, salt, derivative, mixture, or
preparation of such plant, whether produced directly or
indirectly by extraction, independently by means of chemical
synthesis, or by a combination of extraction and chemical
synthesis. "CBD" does not include any product or substance
regulated under the Compassionate Use of Medical Cannabis
Program Act, the Cannabis Regulation and Tax Act, or the
Industrial Hemp Act.
"CBD product" means a product offered for sale that
"Department" means the Department of Agriculture.
"Director" means the Director of Agriculture.
CBD product labeling and testing requirements.
No person shall sell or distribute a CBD product unless the CBD