Sen. Patrick J. Joyce

Filed: 10/27/2021

 

 


 

 


 
10200HB3416sam002LRB102 17016 CMG 29834 a

1
AMENDMENT TO HOUSE BILL 3416

2    AMENDMENT NO. ______. Amend House Bill 3416, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Industrial Hemp Act is amended by changing
6Sections 5, 10, and 15 as follows:
 
7    (505 ILCS 89/5)
8    Sec. 5. Definitions. In this Act:
9    "Department" means the Department of Agriculture.
10    "Director" means the Director of Agriculture.
11    "Hemp" or "industrial Industrial hemp" means the plant
12Cannabis sativa L. and any part of that plant, whether growing
13or not, with a delta-9 tetrahydrocannabinol concentration of
14not more than 0.3 percent on a dry weight basis that has been
15cultivated under a license issued under this Act or is
16otherwise lawfully present in this State, and includes any

 

 

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1intermediate or finished product made or derived from
2industrial hemp.
3    "Hemp production plan" means a plan submitted by the
4Department to the Secretary of the United States Department of
5Agriculture pursuant to the federal Agriculture Improvement
6Act of 2018, Public Law 115-334, and consistent with the
7Domestic Hemp Production Program pursuant to 7 CFR Part 990
8wherein the Department establishes its desire to have primary
9regulatory authority over the production of hemp.
10    "Land area" means a farm as defined in Section 1-60 of the
11Property Tax Code in this State or land or facilities under the
12control of an institution of higher education.
13    "Person" means any individual, partnership, firm,
14corporation, company, society, association, the State or any
15department, agency, or subdivision thereof, or any other
16entity.
17    "Process" means the conversion of raw industrial hemp
18plant material into a form that is presently legal to import
19from outside the United States under federal law.
20    "THC" means delta-9 tetrahydrocannabinol.
21(Source: P.A. 100-1091, eff. 8-26-18.)
 
22    (505 ILCS 89/10)
23    Sec. 10. Licenses and registration.
24    (a) No Under Section 5940 of Title 7 of the United States
25Code, no person shall cultivate industrial hemp in this State

 

 

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1without a license issued by the Department.
2    (b) The application for a license shall include:
3        (1) the name and address of the applicant;
4        (2) the legal description of the land area, including
5    Global Positioning System coordinates, to be used to
6    cultivate industrial hemp; and
7        (3) if federal law requires a research purpose for the
8    cultivation of industrial hemp, a description of one or
9    more research purposes planned for the cultivation of
10    industrial hemp which may include the study of the growth,
11    cultivation, or marketing of industrial hemp; however, the
12    research purpose requirement shall not be construed to
13    limit the commercial sale of industrial hemp.
14    (b-5) A person shall not process industrial hemp in this
15State without registering with the Department on a form
16prescribed by the Department.
17    (c) The Department may determine, by rule, the duration of
18a license or registration; application, registration, and
19license fees; and the requirements for license or registration
20renewal.
21(Source: P.A. 100-1091, eff. 8-26-18.)
 
22    (505 ILCS 89/15)
23    Sec. 15. Rules.
24    (a) The Department shall submit to the Secretary of the
25United States Department of Agriculture a hemp production plan

 

 

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1under which the Department monitors and regulates the
2production of industrial hemp in this State. The Department
3shall adopt rules incorporating the hemp production plan,
4including application and licensing requirements shall be
5determined by the Department and set by rule within 120 days of
6the effective date of this Act.
7    (b) The rules set by the Department shall include one
8yearly inspection of a licensed industrial hemp cultivation
9operation and allow for additional unannounced inspections of
10a licensed industrial hemp cultivation operation at the
11Department's discretion.
12    (c) The Department shall adopt rules necessary for the
13administration and enforcement of this Act in accordance with
14all applicable State and federal laws and regulations,
15including rules concerning standards and criteria for
16licensure and registration, for the payment of applicable
17fees, signage, and for forms required for the administration
18of this Act.
19    (d) The Department shall adopt rules for the testing of
20the industrial hemp THC levels and the disposal of plant
21matter exceeding lawful THC levels, including an option for a
22cultivator to retest for a minor violation, with the retest
23threshold determined by the Department and set in rule. Those
24rules may provide for the use of seed certified to meet the THC
25levels mandated by this Act as an alternative to testing.
26(Source: P.A. 100-1091, eff. 8-26-18.)
 

 

 

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1    Section 99. Effective date. This Act takes effect upon
2becoming law.".