Full Text of HB1383 97th General Assembly
HB1383eng 97TH GENERAL ASSEMBLY
|HB1383 Engrossed||LRB097 05439 CEL 45497 b|
AN ACT concerning agriculture.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
This Act may be cited as the
Industrial Hemp Act.
In this Act:
"Department" means the Department of Agriculture.
"Director" means the Director of Agriculture.
"Industrial hemp" means fibres cultivated from plants of
the cannabis genus with a THC (tetrahydrocannabinol) content of
0.3% or lower.
(a) Any person desiring to grow, process, cultivate,
harvest, process, possess, sell, or purchase industrial hemp or
industrial hemp related products must be licensed by the
(b) The application for a license shall include the name
and address of the applicant and the legal description of the
land area to be used to grow or process industrial hemp.
(c) Each individual shall submit his or her fingerprints to
the Department of State Police in an electronic format that
complies with the form and manner for requesting and furnishing
|HB1383 Engrossed||- 2 -||LRB097 05439 CEL 45497 b|
criminal history record information prescribed by the
Department of State Police. The fingerprints submitted under
this Section shall be checked against the fingerprint records
filed in the Department of State Police criminal history record
databases. The Department of State Police shall charge a fee
for conducting the criminal history records check, which shall
not exceed the actual cost of the records check. The Department
of State Police shall provide information concerning any
criminal convictions against the individual to the Department.
No person with a prior felony conviction within 10 years of
applying for a license shall be eligible for licensure.
(d) If the applicant completes the application process to
the satisfaction of the Department, then the Department shall
issue the license, which shall be valid for a period of one
(a) The application and licensing requirements shall be
determined by the Department and set by rule.
(b) The rules set by the Department shall include one
yearly inspection and one yearly surprise inspection of a
licensed industrial hemp cultivation operation.
(c) The Department shall adopt rules necessary for the
administration and enforcement of this Act, including rules
concerning standards and criteria for licensure, for the
payment of applicable fees, and for forms required for the
|HB1383 Engrossed||- 3 -||LRB097 05439 CEL 45497 b|
administration of this Act.
Nothing in this Act shall alter
the legality of hemp or hemp products that are presently legal
to possess or own.
Violation of federal law.
Nothing in this Act
shall be construed to authorize any person to violate federal
rules, regulations, or laws. If any part of this Act conflicts
with a provision of the federal laws regarding industrial hemp,
the federal provisions shall control to the extent of the
It is declared to be the public
policy of this State, under subsection (h) of Section 6 of
Article VII of the Illinois Constitution of 1970, that any
function set forth in this Act to be exercised by the
State is an
exclusive State power or function. The power or
not be exercised concurrently, either directly
or indirectly, by
any unit of local government, including home
rule units, except as
otherwise provided in this Act. This is a
limitation of home rule