Illinois General Assembly - Full Text of HB4709
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Full Text of HB4709  102nd General Assembly




State of Illinois
2021 and 2022


Introduced 1/27/2022, by Rep. Mark Batinick


410 ILCS 705/10-55 new
410 ILCS 705/50-5

    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.

LRB102 21321 CPF 30433 b





HB4709LRB102 21321 CPF 30433 b

1    AN ACT concerning health.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Cannabis Regulation and Tax Act is amended
5by changing Section 50-5 and by adding Section 10-55 as
7    (410 ILCS 705/10-55 new)
8    Sec. 10-55. Prohibited products. For the purposes of this
9Act, and notwithstanding any other provision of law, the
10following products are prohibited and may not be cultivated,
11produced, or sold:
12    (1) Cannabis flower with greater than 10%
14    (2) Cannabis concentrate with greater than 15%
16    (3) A cannabis-infused product with greater than 15%
18    (410 ILCS 705/50-5)
19    Sec. 50-5. Laboratory testing.
20    (a) Notwithstanding any other provision of law, the
21following acts, when performed by a cannabis testing facility
22with a current, valid registration, or a person 21 years of age



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1or older who is acting in his or her capacity as an owner,
2employee, or agent of a cannabis testing facility, are not
3unlawful and shall not be an offense under Illinois law or be a
4basis 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
18cannabis unless approved by the Department of Agriculture in
19accordance with this Section.
20    (2) No laboratory shall be approved to handle, test, or
21analyze 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
18accredited must provide the Department of Agriculture with a
19copy of the most recent annual inspection report granting
20accreditation and every annual report thereafter.
21    (c) Immediately before manufacturing or natural processing
22of any cannabis or cannabis-infused product or packaging
23cannabis for sale to a dispensary, each batch shall be made
24available by the cultivation center, craft grower, or infuser
25for an employee of an approved laboratory to select a random
26sample, 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
8sample that shall, for the purposes of conducting an active
9ingredient analysis, be tested by the Department of
10Agriculture for verification of label information.
11    (e) A laboratory shall immediately return or dispose of
12any cannabis upon the completion of any testing, use, or
13research. If cannabis is disposed of, it shall be done in
14compliance with Department of Agriculture rule.
15    (f) If a sample of cannabis does not pass the
16microbiological, mycotoxin, pesticide chemical residue, or
17solvent residue test, based on the standards established by
18the 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 CO2-based or solvent based extract. After
25    processing, the CO2-based or solvent based extract must
26    still pass all required tests.



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1    (g) The Department of Agriculture shall establish
2standards for microbial, mycotoxin, pesticide residue, solvent
3residue, or other standards for the presence of possible
4contaminants, in addition to labeling requirements for
5contents and potency.
6    (h) The laboratory shall file with the Department of
7Agriculture an electronic copy of each laboratory test result
8for any batch that does not pass the microbiological,
9mycotoxin, or pesticide chemical residue test, at the same
10time that it transmits those results to the cultivation
11center. In addition, the laboratory shall maintain the
12laboratory test results for at least 5 years and make them
13available at the Department of Agriculture's request.
14    (i) A cultivation center, craft grower, and infuser shall
15provide to a dispensing organization the laboratory test
16results for each batch of cannabis product purchased by the
17dispensing organization, if sampled. Each dispensing
18organization must have those laboratory results available upon
19request to purchasers.
20    (j) The Department of Agriculture may adopt rules related
21to testing in furtherance of this Act.
22(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)