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91_HB3559ham001
LRB9112748NTksam01
1 AMENDMENT TO HOUSE BILL 3559
2 AMENDMENT NO. . Amend House Bill 3559 on page 1, by
3 replacing lines 4 and 5 with the following:
4 "Section 5. The University of Illinois Act is amended by
5 adding Section 20 as follows:
6 (110 ILCS 305/20 new)
7 Sec. 20. Industrial hemp study.
8 (a) In this Section, "industrial hemp" means any variety
9 of Cannabis sativa L. with a delta-9 tetrahydrocannabinol
10 concentration that does not exceed 0.3% on a dry weight
11 basis, that meets the standards set forth by Health Canada as
12 of July 1, 1999, and that is grown in compliance with federal
13 and State permit conditions.
14 (b) The University shall study the feasibility and
15 desirability of industrial hemp production in this State,
16 subject to an appropriation for that purpose. The study
17 shall include an analysis of required soils and growing
18 conditions, seed availability and varieties, including
19 in-the-ground seed variety trials, harvest methods, market
20 economies, and environmental benefits. The University shall
21 obtain all federal and State permits needed to legally grow
22 industrial hemp for fiber or seed production prior to
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1 importing any non-sterilized industrial hemp seeds capable of
2 germination into the State. The University shall report its
3 findings and recommendations to the General Assembly by
4 January 1, 2002.
5 Section 10. The Southern Illinois University Management
6 Act is amended by adding Section 10 as follows:
7 (110 ILCS 520/10 new)
8 Sec. 10. Industrial hemp study.
9 (a) In this Section, "industrial hemp" means any variety
10 of Cannabis sativa L. with a delta-9 tetrahydrocannabinol
11 concentration that does not exceed 0.3% on a dry weight
12 basis, that meets the standards set forth by Health Canada as
13 of July 1, 1999, and that is grown in compliance with federal
14 and State permit conditions.
15 (b) The University shall study the feasibility and
16 desirability of industrial hemp production in this State,
17 subject to an appropriation for that purpose. The study
18 shall include an analysis of required soils and growing
19 conditions, seed availability and varieties, including
20 in-the-ground seed variety trials, harvest methods, market
21 economies, and environmental benefits. The University shall
22 obtain all federal and State permits needed to legally grow
23 industrial hemp for fiber or seed production prior to
24 importing any non-sterilized industrial hemp seeds capable of
25 germination into the State. The University shall report its
26 findings and recommendations to the General Assembly by
27 January 1, 2002.
28 Section 15. The Cannabis Control Act is amended by
29 changing Section 3 as follows:
30 (720 ILCS 550/3) (from Ch. 56 1/2, par. 703)
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1 Sec. 3. As used in this Act, unless the context
2 otherwise requires:
3 (a) "Cannabis" includes marihuana, hashish and other
4 substances which are identified as including any parts of the
5 plant Cannabis Sativa, whether growing or not; the seeds
6 thereof, the resin extracted from any part of such plant; and
7 any compound, manufacture, salt, derivative, mixture, or
8 preparation of such plant, its seeds, or resin, including
9 tetrahydrocannabinol (THC) and all other cannabinol
10 derivatives, including its naturally occurring or
11 synthetically produced ingredients, whether produced directly
12 or indirectly by extraction, or independently by means of
13 chemical synthesis or by a combination of extraction and
14 chemical synthesis; but shall not include the mature stalks
15 of such plant, fiber produced from such stalks, oil or cake
16 made from the seeds of such plant, any other compound,
17 manufacture, salt, derivative, mixture, or preparation of
18 such mature stalks (except the resin extracted therefrom),
19 fiber, oil or cake, or the sterilized seed of such plant
20 which is incapable of germination, or industrial hemp solely
21 as authorized for the purposes of Section 20 of the
22 University of Illinois Act and Section 10 of the Southern
23 Illinois University Management Act.
24 (b) "Casual delivery" means the delivery of not more
25 than 10 grams of any substance containing cannabis without
26 consideration.
27 (c) "Department" means the Illinois Department of Human
28 Services (as successor to the Department of Alcoholism and
29 Substance Abuse) or its successor agency.
30 (d) "Deliver" or "delivery" means the actual,
31 constructive or attempted transfer of possession of cannabis,
32 with or without consideration, whether or not there is an
33 agency relationship.
34 (e) "Department of State Police" means the Department of
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1 State Police of the State of Illinois or its successor
2 agency.
3 (f) "Director" means the Director of the Department of
4 State Police or his designated agent.
5 (g) "Local authorities" means a duly organized State,
6 county, or municipal peace unit or police force.
7 (h) "Manufacture" means the production, preparation,
8 propagation, compounding, conversion or processing of
9 cannabis, either directly or indirectly, by extraction from
10 substances of natural origin, or independently by means of
11 chemical synthesis, or by a combination of extraction and
12 chemical synthesis, and includes any packaging or repackaging
13 of cannabis or labeling of its container, except that this
14 term does not include the preparation, compounding,
15 packaging, or labeling of cannabis as an incident to lawful
16 research, teaching, or chemical analysis and not for sale.
17 (i) "Person" means any individual, corporation,
18 government or governmental subdivision or agency, business
19 trust, estate, trust, partnership or association, or any
20 other entity.
21 (j) "Produce" or "production" means planting,
22 cultivating, tending or harvesting.
23 (k) "State" includes the State of Illinois and any
24 state, district, commonwealth, territory, insular possession
25 thereof, and any area subject to the legal authority of the
26 United States of America.
27 (l) "Subsequent offense" means an offense under this
28 Act, the offender of which, prior to his conviction of the
29 offense, has at any time been convicted under this Act or
30 under any laws of the United States or of any state relating
31 to cannabis, or any controlled substance as defined in the
32 Illinois Controlled Substances Act.
33 (Source: P.A. 89-507, eff. 7-1-97.)
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1 Section 20. The Cannabis and Controlled Substances Tort
2 Claims Act is amended by changing Section 3 as follows:
3 (740 ILCS 20/3) (from Ch. 70, par. 903)
4 Sec. 3. Definitions. As used in this Act, unless the
5 context otherwise requires:
6 "Cannabis" includes marihuana, hashish, and other
7 substances that are identified as including any parts of the
8 plant Cannabis Sativa, whether growing or not, the seeds of
9 that plant, the resin extracted from any part of that plant,
10 and any compound, manufacture, salt, derivative, mixture, or
11 preparation of that plant, its seeds, or resin, including
12 tetrahydrocannabinol (THC) and all other cannabinol
13 derivatives, including its naturally occurring or
14 synthetically produced ingredients, whether produced directly
15 or indirectly by extraction, independently by means of
16 chemical synthesis, or by a combination of extraction and
17 chemical synthesis. "Cannabis" does not include the mature
18 stalks of that plant, fiber produced from those stalks, oil
19 or cake made from the seeds of that plant, any other
20 compound, manufacture, salt, derivative, mixture, or
21 preparation of mature stalks (except the extracted resin),
22 fiber, oil or cake, or the sterilized seeds of that plant
23 that are incapable of germination, or industrial hemp solely
24 as authorized for the purposes of Section 20 of the
25 University of Illinois Act and Section 10 of the Southern
26 Illinois University Management Act.
27 "Controlled substance" means a drug, substance, or
28 immediate precursor in the Schedules of Article II of the
29 Illinois Controlled Substances Act.
30 "Counterfeit substance" means a controlled substance or
31 the container or labeling of a controlled substance that,
32 without authorization, bears the trademark, trade name, or
33 other identifying mark, imprint, number, device, or any
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1 likeness thereof of a manufacturer, distributor, or dispenser
2 other than the person who in fact manufactured, distributed,
3 or dispensed the substance.
4 "Deliver" or "delivery" means the actual, constructive,
5 or attempted transfer of possession of a controlled substance
6 or cannabis, with or without consideration, whether or not
7 there is an agency relationship.
8 "Manufacture" means the production, preparation,
9 propagation, compounding, conversion, or processing of a
10 controlled substance, either directly or indirectly, by
11 extraction from substances of natural origin, independently
12 by means of chemical synthesis, or by a combination of
13 extraction and chemical synthesis, and includes any packaging
14 or repackaging of the substance or labeling of its container,
15 except that the term does not include:
16 (1) by an ultimate user, the preparation or
17 compounding of a controlled substance for his own use;
18 (2) by a practitioner or his authorized agent under
19 his supervision, the preparation, compounding, packaging,
20 or labeling of a controlled substance;
21 (A) as an incident to his administering or
22 dispensing of a controlled substance in the course
23 of his professional practice; or
24 (B) as an incident to lawful research,
25 teaching or chemical analysis and not for sale; or
26 (3) the preparation, compounding, packaging, or
27 labeling of cannabis as an incident to lawful research,
28 teaching, or chemical analysis and not for sale.
29 "Owner" means a person who has possession of or any
30 interest whatsoever in the property involved.
31 "Person" means an individual, a corporation, a
32 government, a governmental subdivision or agency, a business
33 trust, an estate, a trust, a partnership or association, or
34 any other entity.
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1 "Production" means planting, cultivating, tending, or
2 harvesting.
3 "Property" means real property, including things growing
4 on, affixed to, and found in land, and tangible or intangible
5 personal property, including rights, services, privileges,
6 interests, claims, and securities.
7 (Source: P.A. 87-544.)
8 Section 99. Effective date. This Act takes effect upon
9 becoming law.".