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| Public Act 098-1072 | ||||
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AN ACT concerning agriculture.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Cannabis Control Act is amended by changing | ||||
Section 8 and adding Section 15.2 as follows:
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(720 ILCS 550/8) (from Ch. 56 1/2, par. 708)
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Sec. 8. It is unlawful for any person knowingly to produce | ||||
the
cannabis sativa plant or to possess such plants unless | ||||
production or possession
has been authorized pursuant to the | ||||
provisions of Section 11 or 15.2 of the Act.
Any person who | ||||
violates this Section with respect to production or possession | ||||
of:
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(a) Not more than 5 plants is guilty of a Class A | ||||
misdemeanor.
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(b) More than 5, but not more than 20 plants, is guilty
of | ||||
a Class 4 felony.
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(c) More than 20, but not more than 50 plants, is
guilty of | ||||
a Class 3 felony.
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(d) More than 50, but not more than 200 plants, is guilty | ||||
of a Class 2 felony for which
a fine not to exceed $100,000 may | ||||
be imposed and for which liability for
the cost of conducting | ||||
the investigation and eradicating such plants may be
assessed. | ||||
Compensation for expenses incurred in the enforcement of this
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provision shall be transmitted to and deposited in the | ||
treasurer's office
at the level of government represented by | ||
the Illinois law enforcement
agency whose officers or employees | ||
conducted the investigation or caused
the arrest or arrests | ||
leading to the prosecution, to be subsequently made
available | ||
to that law enforcement agency as expendable receipts for use | ||
in
the enforcement of laws regulating controlled substances and | ||
cannabis. If
such seizure was made by a combination of law | ||
enforcement personnel
representing different levels of | ||
government, the court levying the
assessment shall determine | ||
the allocation of such assessment. The proceeds
of assessment | ||
awarded to the State treasury shall be deposited in a special
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fund known as the Drug Traffic Prevention Fund. | ||
(e) More than 200 plants is guilty of a Class 1 felony for | ||
which
a fine not to exceed $100,000 may be imposed and for | ||
which liability for
the cost of conducting the investigation | ||
and eradicating such plants may be
assessed. Compensation for | ||
expenses incurred in the enforcement of this
provision shall be | ||
transmitted to and deposited in the treasurer's office
at the | ||
level of government represented by the Illinois law enforcement
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agency whose officers or employees conducted the investigation | ||
or caused
the arrest or arrests leading to the prosecution, to | ||
be subsequently made
available to that law enforcement agency | ||
as expendable receipts for use in
the enforcement of laws | ||
regulating controlled substances and cannabis. If
such seizure | ||
was made by a combination of law enforcement personnel
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representing different levels of government, the court levying | ||
the
assessment shall determine the allocation of such | ||
assessment. The proceeds
of assessment awarded to the State | ||
treasury shall be deposited in a special
fund known as the Drug | ||
Traffic Prevention Fund.
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(Source: P.A. 95-247, eff. 1-1-08.)
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(720 ILCS 550/15.2 new) | ||
Sec. 15.2. Industrial hemp pilot program. | ||
(a) Pursuant to Section 7606 the federal Agricultural Act | ||
of 2014, an institution of higher education or the Department | ||
of Agriculture may grow or cultivate industrial hemp if: | ||
(1) the industrial hemp is grown or cultivated for | ||
purposes of research conducted under an agricultural pilot | ||
program or other agricultural or academic research; | ||
(2) the pilot program studies the growth, cultivation, | ||
or marketing of industrial hemp; and | ||
(3) any site used for the growing or cultivating of | ||
industrial hemp is certified by, and registered with, the | ||
Department of Agriculture. | ||
(b) Before conducting industrial hemp research, an | ||
institution of higher education shall notify the Department of | ||
Agriculture and any local law enforcement agency in writing. | ||
(c) The institution of higher education shall provide | ||
quarterly reports and an annual report to the
Department of | ||
Agriculture on the research and the research program shall be | ||
subject to random inspection by the Department of Agriculture, | ||
the Department of State Police, or local law enforcement | ||
agencies. The institution of higher education shall submit the | ||
annual report to the Department of Agriculture on or before | ||
October 1. | ||
(d) The Department of Agriculture may adopt rules to | ||
implement this Section. In order to provide for the expeditious | ||
and timely implementation of this Section, upon notification by | ||
an institution of higher education that the institution wishes | ||
to engage in the growth or cultivation of industrial hemp for | ||
agricultural research purposes, the Department of Agriculture | ||
may adopt emergency rules under Section 5-45 of the Illinois | ||
Administrative Procedure Act to implement the provisions of | ||
this Section. If changes to the rules are required to comply | ||
with federal rules, the Department of Agriculture may adopt | ||
peremptory rules as necessary to comply with changes to | ||
corresponding federal rules. All other rules that the | ||
Department of Agriculture deems necessary to adopt in | ||
connection with this Section must proceed through the ordinary | ||
rule-making process. The adoption of emergency rules | ||
authorized by this Section shall be deemed to be necessary for | ||
the public interest, safety, and welfare. | ||
The Department of Agriculture may determine, by rule, the | ||
duration of an institution of higher education's pilot program | ||
or industrial hemp research. If the institution of higher | ||
education has not completed its program within the timeframe | ||
established by rule, then the Department of Agriculture may | ||
grant an extension to the pilot program if unanticipated | ||
circumstances arose that impacted the program. | ||
(e) As used in this Section: | ||
"Industrial hemp" means cannabis sativa L. having no | ||
more than 0.3% total THC available, upon heating, or | ||
maximum delta-9 tetrahydrocannabinol content possible. | ||
"Institution of higher education" means a State | ||
institution of higher education that offers a 4-year degree | ||
in agricultural science.
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