SB2772sam001 100TH GENERAL ASSEMBLY

Sen. Neil Anderson

Filed: 4/10/2018

10000SB2772sam001 LRB100 17707 MJP 38041 a

AMENDMENT TO SENATE BILL 2772

AMENDMENT NO. ______. Amend Senate Bill 2772 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Commercial Low THC Hemp Extract Act.

Section 5. Definitions. In this Act:

"Certificate of analysis" means a certificate from an independent testing laboratory describing the results of the laboratory's testing of a sample of a product.

"Hemp" means cannabis sativa L. that has no more than 0.3% total THC available, upon heating, or maximum delta-9 THC content possible.

"Independent testing laboratory" means a laboratory:

(1) with respect to which no person having a direct or indirect interest in the laboratory also has a direct or indirect interest in a facility that:

(A) processes, distributes, or sells low THC hemp extract or a substantially similar substance;

(B) cultivates, processes, distributes, dispenses, or sells either medical or recreational cannabis; or

(C) cultivates, processes, or distributes industrial hemp; and

(2) that has been accredited as a testing laboratory according to the standards of the International Organization for Standardization by a third-party accrediting body, such as the American Association for Laboratory Accreditation or the Assured Calibration and Laboratory Accreditation Select Services.

"Label" means a display of written, printed, or graphic matter upon the immediate container of any article; and a requirement made by or under the authority of this Act that any word, statement, or other information appearing on the label shall not be considered to be complied with unless the word, statement, or other information also appears on the outside container or wrapper, if any, of the retail package of the article, or is easily legible through the outside container or wrapper.

"Labeling" means all labels and other written, printed, or graphic matter upon an article or any of its containers or wrappers or accompanying the article.

"Low THC hemp extract" means a substance or compound that:

(1) is derived from hemp and is produced by extracting cannabinoids from the plant through the use of propylene glycol, glycerin, butter, olive oil, or other typical cooking fats; water, ice, or dry ice; or butane, propane, CO₂, ethanol, or isopropanol;

(2) contains no more than 0.3% total THC by weight; and

(3) contains no other controlled substances.

"THC" means tetrahydrocannabinol.

Section 10. Distribution and sale of low THC hemp extract.

(a) A person or commercial enterprise may distribute or sell low THC hemp extract if the person or commercial enterprise can produce a certificate of analysis for the product that shows that it contains no more than 0.3% total THC by weight.

(b) A person or commercial enterprise may not distribute low THC hemp extract without having obtained the certificate of analysis for the product.

(c) Low THC hemp extract must be clearly labeled. The label must include the following:

(1) a scannable bar code or Quick Response code linked to a document that contains information with respect to the manufacture of the low THC hemp extract, including:

(A) the product name;

(B) the batch identification number for the tested product;

(C) the expiration date, which must be not more than 2 years from the date of manufacture;

(D) the ingredients used; and

(E) a download link for a certificate of analysis for the product;

(2) the batch number for the tested product;

(3) a download link for the certificate of analysis for the batch number;

(4) the expiration date;

(5) the number of milligrams of low THC hemp extract;

(6) the ingredients used;

(7) the manufacturer of the product; and

(8) the fact that the product contains no more than 0.3% total THC by weight.

(d) Nothing in this Act prevents a person who knowingly distributes, sells, or uses a hemp extract that contains more than 0.3% THC or who knowingly sells, distributes, or uses a misbranded low THC hemp extract product from being prosecuted under the Cannabis Control Act, the Illinois Controlled Substances Act, or the Illinois Food, Drug and Cosmetic Act.

(e) Low THC hemp extract shall be considered misbranded if:

(1) it is falsely labeled or offered for sale under the name of another product; or

(2) any word, statement, or other information required by or under the authority of this Act to appear on the label or labeling is not prominently and conspicuously placed as compared with other words, statements, designs, or devices in the labeling, and in terms that render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use.

(f) Nothing in this Act shall be construed to change current State laws on the cultivation or production of hemp or any strain of cannabis.

Section 90. The Cannabis Control Act is amended by changing Section 3 as follows:

(720 ILCS 550/3) (from Ch. 56 1/2, par. 703)

Sec. 3. As used in this Act, unless the context otherwise requires:

(a) "Cannabis" includes marihuana, hashish and other substances which are identified as including any parts of the plant Cannabis Sativa, whether growing or not; the seeds thereof, the resin extracted from any part of such plant; and any compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds, or resin, including tetrahydrocannabinol (THC) and all other cannabinol derivatives, including its naturally occurring or synthetically produced ingredients, whether produced directly or indirectly by extraction, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis; but shall not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of such plant which is incapable of germination. "Cannabis" does not include low THC hemp extract as defined in the Commercial Low THC Hemp Extract Act.

(b) "Casual delivery" means the delivery of not more than 10 grams of any substance containing cannabis without consideration.

(c) "Department" means the Illinois Department of Human Services (as successor to the Department of Alcoholism and Substance Abuse) or its successor agency.

(d) "Deliver" or "delivery" means the actual, constructive or attempted transfer of possession of cannabis, with or without consideration, whether or not there is an agency relationship.

(e) "Department of State Police" means the Department of State Police of the State of Illinois or its successor agency.

(f) "Director" means the Director of the Department of State Police or his designated agent.

(g) "Local authorities" means a duly organized State, county, or municipal peace unit or police force.

(h) "Manufacture" means the production, preparation, propagation, compounding, conversion or processing of cannabis, either directly or indirectly, by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of cannabis or labeling of its container, except that this term does not include the preparation, compounding, packaging, or labeling of cannabis as an incident to lawful research, teaching, or chemical analysis and not for sale.

(i) "Person" means any individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other entity.

(j) "Produce" or "production" means planting, cultivating, tending or harvesting.

(k) "State" includes the State of Illinois and any state, district, commonwealth, territory, insular possession thereof, and any area subject to the legal authority of the United States of America.

(l) "Subsequent offense" means an offense under this Act, the offender of which, prior to his conviction of the offense, has at any time been convicted under this Act or under any laws of the United States or of any state relating to cannabis, or any controlled substance as defined in the Illinois Controlled Substances Act.

(Source: P.A. 89-507, eff. 7-1-97.)".