HB5085 EngrossedLRB098 16286 MGM 51346 b

1    AN ACT concerning agriculture.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Cannabis Control Act is amended by changing
5Sections 3 and 15 as follows:
6    (720 ILCS 550/3)  (from Ch. 56 1/2, par. 703)
7    Sec. 3. As used in this Act, unless the context otherwise
9    (a) "Cannabis" includes marihuana, hashish and other
10substances which are identified as including any parts of the
11plant Cannabis Sativa, whether growing or not; the seeds
12thereof, the resin extracted from any part of such plant; and
13any compound, manufacture, salt, derivative, mixture, or
14preparation of such plant, its seeds, or resin, including
15tetrahydrocannabinol (THC) and all other cannabinol
16derivatives, including its naturally occurring or
17synthetically produced ingredients, whether produced directly
18or indirectly by extraction, or independently by means of
19chemical synthesis or by a combination of extraction and
20chemical synthesis; but shall not include the mature stalks of
21such plant, fiber produced from such stalks, oil or cake made
22from the seeds of such plant, any other compound, manufacture,
23salt, derivative, mixture, or preparation of such mature stalks



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1(except the resin extracted therefrom), fiber, oil or cake, or
2the sterilized seed of such plant which is incapable of
4    (b) "Casual delivery" means the delivery of not more than
510 grams of any substance containing cannabis without
7    (c) "Department" means the Illinois Department of Human
8Services (as successor to the Department of Alcoholism and
9Substance Abuse) or its successor agency.
10    (d) "Deliver" or "delivery" means the actual, constructive
11or attempted transfer of possession of cannabis, with or
12without consideration, whether or not there is an agency
14    (e) "Department of State Police" means the Department of
15State Police of the State of Illinois or its successor agency.
16    (f) "Director" means the Director of the Department of
17State Police or his designated agent.
18    (f-5) "Industrial hemp" means cannabis sativa L. having no
19more than three-tenths of 1% Delta-9-tetrahydrocannabinol.
20    (g) "Local authorities" means a duly organized State,
21county, or municipal peace unit or police force.
22    (h) "Manufacture" means the production, preparation,
23propagation, compounding, conversion or processing of
24cannabis, either directly or indirectly, by extraction from
25substances of natural origin, or independently by means of
26chemical synthesis, or by a combination of extraction and



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1chemical synthesis, and includes any packaging or repackaging
2of cannabis or labeling of its container, except that this term
3does not include the preparation, compounding, packaging, or
4labeling of cannabis as an incident to lawful research,
5teaching, or chemical analysis and not for sale.
6    (i) "Person" means any individual, corporation, government
7or governmental subdivision or agency, business trust, estate,
8trust, partnership or association, or any other entity.
9    (j) "Produce" or "production" means planting, cultivating,
10tending or harvesting.
11    (k) "State" includes the State of Illinois and any state,
12district, commonwealth, territory, insular possession thereof,
13and any area subject to the legal authority of the United
14States of America.
15    (l) "Subsequent offense" means an offense under this Act,
16the offender of which, prior to his conviction of the offense,
17has at any time been convicted under this Act or under any laws
18of the United States or of any state relating to cannabis, or
19any controlled substance as defined in the Illinois Controlled
20Substances Act.
21(Source: P.A. 89-507, eff. 7-1-97.)
22    (720 ILCS 550/15)  (from Ch. 56 1/2, par. 715)
23    Sec. 15. Research The Department shall encourage research
24on cannabis.
25    (a) The Department shall encourage research on cannabis. In



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1connection with the research, and in furtherance of the
2purposes of this Act, the Department it may:
3        (1) establish methods to assess accurately the effect
4    of cannabis;
5        (2) make studies and undertake programs of research to:
6            (i) develop new or improved approaches,
7        techniques, systems, equipment and devices to
8        strengthen the enforcement of this Act;
9            (ii) determine patterns of use of cannabis and its
10        social effects; and
11            (iii) improve methods for preventing, predicting,
12        understanding, and dealing with the use of cannabis;
13        (3) enter into contracts with public agencies,
14    educational institutions, and private organizations or
15    individuals for the purpose of conducting research,
16    demonstrations, or special projects which relate to the use
17    of cannabis.
18    (b) The Department of Agriculture may encourage research on
19industrial hemp for agricultural purposes. In connection with
20the research, and in furtherance of this purpose, the
21Department of Agriculture may:
22        (1) grow and cultivate industrial hemp;
23        (2) perform studies and undertake programs of research
24    to:
25            (i) develop new or improved approaches,
26        techniques, systems, equipment, and devices for



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1        growing and cultivating industrial hemp; and
2            (ii) determine uses for industrial hemp; and
3        (3) authorize institutions of higher learning to grow
4    or cultivate industrial hemp for the purpose of conducting
5    research, demonstrations, or special projects which relate
6    to the use of industrial hemp.
7    The Department of Agriculture may adopt rules to implement
8this subsection. In order to provide for the expeditious and
9timely implementation of this subsection, upon notification by
10an institution of higher learning that the institution wishes
11to engage in the growth or cultivation of industrial hemp for
12agricultural research purposes, the Department of Agriculture
13shall adopt emergency rules under Section 5-45 of the Illinois
14Administrative Procedure Act to implement the provisions of
15this subsection. If changes to the rules are required to comply
16with federal rules, the Department of Agriculture may adopt
17peremptory rules as necessary to comply with changes to
18corresponding federal rules. All other rules that the
19Department of Agriculture deems necessary to adopt in
20connection with this Section must proceed through the ordinary
21rule-making process. The adoption of emergency rules
22authorized by this subsection (b) shall be deemed to be
23necessary for the public interest, safety, and welfare.
24(Source: P.A. 83-969.)