Full Text of HB4709 102nd General Assembly
HB4709 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB4709 Introduced 1/27/2022, by Rep. Mark Batinick SYNOPSIS AS INTRODUCED: |
| 410 ILCS 705/10-55 new | | 410 ILCS 705/50-5 | |
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Amends the Cannabis Regulation and Tax Act. Provides that for the purposes of the Act, and notwithstanding any other provision of law, cannabis flower with greater than 10% tetrahydrocannabinol, cannabis concentrate with greater than 15% tetrahydrocannabinol, and a cannabis-infused product with greater than 15% tetrahydrocannabinol are prohibited and may not be cultivated, produced, or sold. In provisions regarding laboratory testing, requires an active ingredient analysis of each batch of cannabis or cannabis-infused product tested by an approved laboratory to include tetrahydrocannabinol percentage.
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| | A BILL FOR |
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| 1 | | AN ACT concerning health.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Cannabis Regulation and Tax Act is amended | 5 | | by changing Section 50-5 and by adding Section 10-55 as | 6 | | follows: | 7 | | (410 ILCS 705/10-55 new) | 8 | | Sec. 10-55. Prohibited products. For the purposes of this | 9 | | Act, and notwithstanding any other provision of law, the | 10 | | following products are prohibited and may not be cultivated, | 11 | | produced, or sold: | 12 | | (1) Cannabis flower with greater than 10% | 13 | | tetrahydrocannabinol. | 14 | | (2) Cannabis concentrate with greater than 15% | 15 | | tetrahydrocannabinol. | 16 | | (3) A cannabis-infused product with greater than 15% | 17 | | tetrahydrocannabinol. | 18 | | (410 ILCS 705/50-5)
| 19 | | Sec. 50-5. Laboratory testing. | 20 | | (a) Notwithstanding any other provision of law, the | 21 | | following acts, when performed by a cannabis testing facility | 22 | | with a current, valid registration, or a person 21 years of age |
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| 1 | | or older who is acting in his or her capacity as an owner, | 2 | | employee, or agent of a cannabis testing facility, are not | 3 | | unlawful and shall not be an offense under Illinois law or be a | 4 | | basis for seizure or forfeiture of assets under Illinois law: | 5 | | (1) possessing, repackaging, transporting, storing, or | 6 | | displaying cannabis or cannabis-infused products; | 7 | | (2) receiving or transporting cannabis or | 8 | | cannabis-infused products from a cannabis business | 9 | | establishment, a community college licensed under the | 10 | | Community College Cannabis Vocational Training Pilot | 11 | | Program, or a person 21 years of age or older; and | 12 | | (3) returning or transporting cannabis or | 13 | | cannabis-infused products to a cannabis business | 14 | | establishment, a community college licensed under the | 15 | | Community College Cannabis Vocational Training Pilot | 16 | | Program, or a person 21 years of age or older. | 17 | | (b)(1) No laboratory shall handle, test, or analyze | 18 | | cannabis unless approved by the Department of Agriculture in | 19 | | accordance with this Section. | 20 | | (2) No laboratory shall be approved to handle, test, or | 21 | | analyze cannabis unless the laboratory: | 22 | | (A) is accredited by a private laboratory accrediting | 23 | | organization; | 24 | | (B) is independent from all other persons involved in | 25 | | the cannabis industry in Illinois and no person with a | 26 | | direct or indirect interest in the laboratory has a direct |
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| 1 | | or indirect financial, management, or other interest in an | 2 | | Illinois cultivation center, craft grower, dispensary, | 3 | | infuser, transporter, certifying physician, or any other | 4 | | entity in the State that may benefit from the production, | 5 | | manufacture, dispensing, sale, purchase, or use of | 6 | | cannabis; and | 7 | | (C) has employed at least one person to oversee and be | 8 | | responsible for the laboratory testing who has earned, | 9 | | from a college or university accredited by a national or | 10 | | regional certifying authority, at least: | 11 | | (i) a master's level degree in chemical or | 12 | | biological sciences and a minimum of 2 years' | 13 | | post-degree laboratory experience; or | 14 | | (ii) a bachelor's degree in chemical or biological | 15 | | sciences and a minimum of 4 years' post-degree | 16 | | laboratory experience. | 17 | | (3) Each independent testing laboratory that claims to be | 18 | | accredited must provide the Department of Agriculture with a | 19 | | copy of the most recent annual inspection report granting | 20 | | accreditation and every annual report thereafter. | 21 | | (c) Immediately before manufacturing or natural processing | 22 | | of any cannabis or cannabis-infused product or packaging | 23 | | cannabis for sale to a dispensary, each batch shall be made | 24 | | available by the cultivation center, craft grower, or infuser | 25 | | for an employee of an approved laboratory to select a random | 26 | | sample, which shall be tested by the approved laboratory for: |
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| 1 | | (1) microbiological contaminants; | 2 | | (2) mycotoxins; | 3 | | (3) pesticide active ingredients; | 4 | | (4) residual solvent; and | 5 | | (5) an active ingredient analysis , including | 6 | | tetrahydrocannabinol percentage . | 7 | | (d) The Department of Agriculture may select a random | 8 | | sample that shall, for the purposes of conducting an active | 9 | | ingredient analysis, be tested by the Department of | 10 | | Agriculture for verification of label information. | 11 | | (e) A laboratory shall immediately return or dispose of | 12 | | any cannabis upon the completion of any testing, use, or | 13 | | research. If cannabis is disposed of, it shall be done in | 14 | | compliance with Department of Agriculture rule. | 15 | | (f) If a sample of cannabis does not pass the | 16 | | microbiological, mycotoxin, pesticide chemical residue, or | 17 | | solvent residue test, based on the standards established by | 18 | | the Department of Agriculture, the following shall apply: | 19 | | (1) If the sample failed the pesticide chemical | 20 | | residue test, the entire batch from which the sample was | 21 | | taken shall, if applicable, be recalled as provided by | 22 | | rule. | 23 | | (2) If the sample failed any other test, the batch may | 24 | | be used to make a CO 2 -based or solvent based extract. After | 25 | | processing, the CO 2 -based or solvent based extract must | 26 | | still pass all required tests. |
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| 1 | | (g) The Department of Agriculture shall establish | 2 | | standards for microbial, mycotoxin, pesticide residue, solvent | 3 | | residue, or other standards for the presence of possible | 4 | | contaminants, in addition to labeling requirements for | 5 | | contents and potency. | 6 | | (h) The laboratory shall file with the Department of | 7 | | Agriculture an electronic copy of each laboratory test result | 8 | | for any batch that does not pass the microbiological, | 9 | | mycotoxin, or pesticide chemical residue test, at the same | 10 | | time that it transmits those results to the cultivation | 11 | | center. In addition, the laboratory shall maintain the | 12 | | laboratory test results for at least 5 years and make them | 13 | | available at the Department of Agriculture's request. | 14 | | (i) A cultivation center, craft grower, and infuser shall | 15 | | provide to a dispensing organization the laboratory test | 16 | | results for each batch of cannabis product purchased by the | 17 | | dispensing organization, if sampled. Each dispensing | 18 | | organization must have those laboratory results available upon | 19 | | request to purchasers. | 20 | | (j) The Department of Agriculture may adopt rules related | 21 | | to testing in furtherance of this Act.
| 22 | | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
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