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| Public Act 102-0690 | ||||
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Industrial Hemp Act is amended by changing | ||||
Sections 5, 10, and 15 as follows: | ||||
(505 ILCS 89/5)
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Sec. 5. Definitions. In this Act: | ||||
"Department" means the Department of Agriculture. | ||||
"Director" means the Director of Agriculture. | ||||
"Hemp" or "industrial Industrial hemp" means the plant | ||||
Cannabis sativa L. and any part of that plant, whether growing | ||||
or not, with a delta-9 tetrahydrocannabinol concentration of | ||||
not more than 0.3 percent on a dry weight basis that has been | ||||
cultivated under a license issued under this Act or is | ||||
otherwise lawfully present in this State, and includes any | ||||
intermediate or finished product made or derived from | ||||
industrial hemp. | ||||
"Hemp production plan" means a plan submitted by the | ||||
Department to the Secretary of the United States Department of | ||||
Agriculture pursuant to the federal Agriculture Improvement | ||||
Act of 2018, Public Law 115-334, and consistent with the | ||||
Domestic Hemp Production Program pursuant to 7 CFR Part 990 | ||||
wherein the Department establishes its desire to have primary | ||||
regulatory authority over the production of hemp. | ||
"Land area" means a farm as defined in Section 1-60 of the | ||
Property Tax Code in this State or land or facilities under the | ||
control of an institution of higher education. | ||
"Person" means any individual, partnership, firm, | ||
corporation, company, society, association, the State or any | ||
department, agency, or subdivision thereof, or any other | ||
entity. | ||
"Process" means the conversion of raw industrial hemp | ||
plant material into a form that is presently legal to import | ||
from outside the United States under federal law. | ||
"THC" means delta-9 tetrahydrocannabinol.
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(Source: P.A. 100-1091, eff. 8-26-18.) | ||
(505 ILCS 89/10)
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Sec. 10. Licenses and registration. | ||
(a) No Under Section 5940 of Title 7 of the United States | ||
Code, no person shall cultivate industrial hemp in this State | ||
without a license issued by the Department.
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(b) The application for a license shall include: | ||
(1) the name and address of the applicant; | ||
(2) the legal description of the land area, including | ||
Global Positioning System coordinates, to be used to | ||
cultivate industrial hemp; and | ||
(3) if federal law requires a research purpose for the | ||
cultivation of industrial hemp, a description of one or | ||
more research purposes planned for the cultivation of | ||
industrial hemp which may include the study of the growth, | ||
cultivation, or marketing of industrial hemp; however, the | ||
research purpose requirement shall not be construed to | ||
limit the commercial sale of industrial hemp. | ||
(b-5) A person shall not process industrial hemp in this | ||
State without registering with the Department on a form | ||
prescribed by the Department. | ||
(c) The Department may determine, by rule, the duration of | ||
a license or registration; application, registration, and | ||
license fees; and the requirements for license or registration | ||
renewal.
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(Source: P.A. 100-1091, eff. 8-26-18.) | ||
(505 ILCS 89/15)
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Sec. 15. Rules. | ||
(a) The Department shall submit to the Secretary of the | ||
United States Department of Agriculture a hemp production plan | ||
under which the Department monitors and regulates the | ||
production of industrial hemp in this State. The Department | ||
shall adopt rules incorporating the hemp production plan, | ||
including application and licensing requirements shall be | ||
determined by the Department and set by rule within 120 days of | ||
the effective date of this Act. | ||
(b) The rules set by the Department shall include one
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yearly inspection of a licensed industrial hemp cultivation | ||
operation and allow for additional unannounced inspections of | ||
a
licensed industrial hemp cultivation operation at the | ||
Department's discretion. | ||
(c) The Department shall adopt rules necessary for the | ||
administration and enforcement of this Act in accordance with | ||
all applicable State and federal laws and regulations, | ||
including rules concerning standards and criteria for | ||
licensure and registration, for the payment of applicable | ||
fees, signage, and for forms required for the administration | ||
of this Act. | ||
(d) The Department shall adopt rules for the testing of | ||
the industrial hemp THC levels and the disposal of plant | ||
matter exceeding lawful THC levels, including an option for a | ||
cultivator to retest for a minor violation, with the retest | ||
threshold determined by the Department and set in rule. Those | ||
rules may provide for the use of seed certified to meet the THC | ||
levels mandated by this Act as an alternative to testing.
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(Source: P.A. 100-1091, eff. 8-26-18.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law. | ||