Full Text of HB3387 103rd General Assembly
HB3387 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB3387 Introduced 2/17/2023, by Rep. Curtis J. Tarver, II SYNOPSIS AS INTRODUCED: |
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Amends the Cannabis Regulation and Tax Act. In provisions relating to laboratory testing, defines "batch" to mean: (1) for cannabis concentrate, 10 grams of every 2.2 pounds of concentrate; (2) for edible cannabis-infused products, 1% of a run, being a minimum of 2 packaged units or, if a bulk product, 10 grams; (3) for cannabis-infused beverage products, 1% of a run, being a minimum of 2 packaged units; and (4) for other cannabis-infused products (not including edibles and beverages), 1% of a run, being a minimum of 2 packaged units, or, if a bulk product, 10 grams. Requires the Department of Agriculture to adopt rules creating an incentive program for cultivation centers to use minority-owned or women-owned cannabis-testing laboratories.
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| | A BILL FOR |
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| | | HB3387 | | LRB103 30501 AWJ 56934 b |
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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 as follows: | 6 | | (410 ILCS 705/50-5)
| 7 | | Sec. 50-5. Laboratory testing. | 8 | | (a) Notwithstanding any other provision of law, the | 9 | | following acts, when performed by a cannabis testing facility | 10 | | with a current, valid registration, or a person 21 years of age | 11 | | or older who is acting in his or her capacity as an owner, | 12 | | employee, or agent of a cannabis testing facility, are not | 13 | | unlawful and shall not be an offense under Illinois law or be a | 14 | | basis for seizure or forfeiture of assets under Illinois law: | 15 | | (1) possessing, repackaging, transporting, storing, or | 16 | | displaying cannabis or cannabis-infused products; | 17 | | (2) receiving or transporting cannabis or | 18 | | cannabis-infused products from a cannabis business | 19 | | establishment, a community college licensed under the | 20 | | Community College Cannabis Vocational Training Pilot | 21 | | Program, or a person 21 years of age or older; and | 22 | | (3) returning or transporting cannabis or | 23 | | cannabis-infused products to a cannabis business |
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| 1 | | establishment, a community college licensed under the | 2 | | Community College Cannabis Vocational Training Pilot | 3 | | Program, or a person 21 years of age or older. | 4 | | (b)(1) No laboratory shall handle, test, or analyze | 5 | | cannabis unless approved by the Department of Agriculture in | 6 | | accordance with this Section. | 7 | | (2) No laboratory shall be approved to handle, test, or | 8 | | analyze cannabis unless the laboratory: | 9 | | (A) is accredited by a private laboratory accrediting | 10 | | organization; | 11 | | (B) is independent from all other persons involved in | 12 | | the cannabis industry in Illinois and no person with a | 13 | | direct or indirect interest in the laboratory has a direct | 14 | | or indirect financial, management, or other interest in an | 15 | | Illinois cultivation center, craft grower, dispensary, | 16 | | infuser, transporter, certifying physician, or any other | 17 | | entity in the State that may benefit from the production, | 18 | | manufacture, dispensing, sale, purchase, or use of | 19 | | cannabis; and | 20 | | (C) has employed at least one person to oversee and be | 21 | | responsible for the laboratory testing who has earned, | 22 | | from a college or university accredited by a national or | 23 | | regional certifying authority, at least: | 24 | | (i) a master's level degree in chemical or | 25 | | biological sciences and a minimum of 2 years' | 26 | | post-degree laboratory experience; or |
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| 1 | | (ii) a bachelor's degree in chemical or biological | 2 | | sciences and a minimum of 4 years' post-degree | 3 | | laboratory experience. | 4 | | (3) Each independent testing laboratory that claims to be | 5 | | accredited must provide the Department of Agriculture with a | 6 | | copy of the most recent annual inspection report granting | 7 | | accreditation and every annual report thereafter. | 8 | | (c) Immediately before manufacturing or natural processing | 9 | | of any cannabis or cannabis-infused product or packaging | 10 | | cannabis for sale to a dispensary, each batch shall be made | 11 | | available by the cultivation center, craft grower, or infuser | 12 | | for an employee of an approved laboratory to select a random | 13 | | sample, which shall be tested by the approved laboratory for: | 14 | | (1) microbiological contaminants; | 15 | | (2) mycotoxins; | 16 | | (3) pesticide active ingredients; | 17 | | (4) residual solvent; and | 18 | | (5) an active ingredient analysis. | 19 | | (d) The Department of Agriculture may select a random | 20 | | sample that shall, for the purposes of conducting an active | 21 | | ingredient analysis, be tested by the Department of | 22 | | Agriculture for verification of label information. | 23 | | (e) A laboratory shall immediately return or dispose of | 24 | | any cannabis upon the completion of any testing, use, or | 25 | | research. If cannabis is disposed of, it shall be done in | 26 | | compliance with Department of Agriculture rule. |
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| 1 | | (f) If a sample of cannabis does not pass the | 2 | | microbiological, mycotoxin, pesticide chemical residue, or | 3 | | solvent residue test, based on the standards established by | 4 | | the Department of Agriculture, the following shall apply: | 5 | | (1) If the sample failed the pesticide chemical | 6 | | residue test, the entire batch from which the sample was | 7 | | taken shall, if applicable, be recalled as provided by | 8 | | rule. | 9 | | (2) If the sample failed any other test, the batch may | 10 | | be used to make a CO 2 -based or solvent based extract. After | 11 | | processing, the CO 2 -based or solvent based extract must | 12 | | still pass all required tests. | 13 | | (g) The Department of Agriculture shall establish | 14 | | standards for microbial, mycotoxin, pesticide residue, solvent | 15 | | residue, or other standards for the presence of possible | 16 | | contaminants, in addition to labeling requirements for | 17 | | contents and potency. | 18 | | (h) The laboratory shall file with the Department of | 19 | | Agriculture an electronic copy of each laboratory test result | 20 | | for any batch that does not pass the microbiological, | 21 | | mycotoxin, or pesticide chemical residue test, at the same | 22 | | time that it transmits those results to the cultivation | 23 | | center. In addition, the laboratory shall maintain the | 24 | | laboratory test results for at least 5 years and make them | 25 | | available at the Department of Agriculture's request. | 26 | | (i) A cultivation center, craft grower, and infuser shall |
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| 1 | | provide to a dispensing organization the laboratory test | 2 | | results for each batch of cannabis product purchased by the | 3 | | dispensing organization, if sampled. Each dispensing | 4 | | organization must have those laboratory results available upon | 5 | | request to purchasers. | 6 | | (j) The Department of Agriculture shall may adopt rules | 7 | | related to testing in furtherance of this Act. The rules shall | 8 | | include, at a minimum, rules creating an incentive program for | 9 | | cultivation centers to use minority-owned or women-owned | 10 | | cannabis-testing laboratories. | 11 | | (k) As used in this Section, "batch" means: | 12 | | (1) for cannabis concentrate, 10 grams of every 2.2 | 13 | | pounds of concentrate; | 14 | | (2) for edible cannabis-infused products, 1% of a run, | 15 | | being a minimum of 2 packaged units, or, if a bulk product, | 16 | | 10 grams; | 17 | | (3) for cannabis-infused beverage products, 1% of a | 18 | | run, being a minimum of 2 packaged units; and | 19 | | (4) for other cannabis-infused products other than | 20 | | edibles and beverages, 1% of a run, being a minimum of 2 | 21 | | packaged units, or, if a bulk product, 10 grams.
| 22 | | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
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