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91_SB1397eng SB1397 Engrossed LRB9111501MWpc 1 AN ACT concerning industrial hemp. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 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 23 importing any non-sterilized industrial hemp seeds capable of 24 germination into the State. The University shall report its 25 findings and recommendations to the General Assembly by 26 January 1, 2002. 27 Section 10. The Southern Illinois University Management 28 Act is amended by adding Section 10 as follows: 29 (110 ILCS 520/10 new) SB1397 Engrossed -2- LRB9111501MWpc 1 Sec. 10. Industrial hemp study. 2 (a) In this Section, "industrial hemp" means any variety 3 of Cannabis sativa L. with a delta-9 tetrahydrocannabinol 4 concentration that does not exceed 0.3% on a dry weight 5 basis, that meets the standards set forth by Health Canada as 6 of July 1, 1999, and that is grown in compliance with federal 7 and State permit conditions. 8 (b) The University shall study the feasibility and 9 desirability of industrial hemp production in this State, 10 subject to an appropriation for that purpose. The study 11 shall include an analysis of required soils and growing 12 conditions, seed availability and varieties, including 13 in-the-ground seed variety trials, harvest methods, market 14 economies, and environmental benefits. The University shall 15 obtain all federal and State permits needed to legally grow 16 industrial hemp for fiber or seed production prior to 17 importing any non-sterilized industrial hemp seeds capable of 18 germination into the State. The University shall report its 19 findings and recommendations to the General Assembly by 20 January 1, 2002. 21 Section 15. The Cannabis Control Act is amended by 22 changing Section 3 as follows: 23 (720 ILCS 550/3) (from Ch. 56 1/2, par. 703) 24 Sec. 3. As used in this Act, unless the context 25 otherwise requires: 26 (a) "Cannabis" includes marihuana, hashish and other 27 substances which are identified as including any parts of the 28 plant Cannabis Sativa, whether growing or not; the seeds 29 thereof, the resin extracted from any part of such plant; and 30 any compound, manufacture, salt, derivative, mixture, or 31 preparation of such plant, its seeds, or resin, including 32 tetrahydrocannabinol (THC) and all other cannabinol SB1397 Engrossed -3- LRB9111501MWpc 1 derivatives, including its naturally occurring or 2 synthetically produced ingredients, whether produced directly 3 or indirectly by extraction, or independently by means of 4 chemical synthesis or by a combination of extraction and 5 chemical synthesis; but shall not include the mature stalks 6 of such plant, fiber produced from such stalks, oil or cake 7 made from the seeds of such plant, any other compound, 8 manufacture, salt, derivative, mixture, or preparation of 9 such mature stalks (except the resin extracted therefrom), 10 fiber, oil or cake,orthe sterilized seed of such plant 11 which is incapable of germination, or industrial hemp solely 12 as authorized for the purposes of Section 20 of the 13 University of Illinois Act and Section 10 of the Southern 14 Illinois University Management Act. 15 (b) "Casual delivery" means the delivery of not more 16 than 10 grams of any substance containing cannabis without 17 consideration. 18 (c) "Department" means the Illinois Department of Human 19 Services (as successor to the Department of Alcoholism and 20 Substance Abuse) or its successor agency. 21 (d) "Deliver" or "delivery" means the actual, 22 constructive or attempted transfer of possession of cannabis, 23 with or without consideration, whether or not there is an 24 agency relationship. 25 (e) "Department of State Police" means the Department of 26 State Police of the State of Illinois or its successor 27 agency. 28 (f) "Director" means the Director of the Department of 29 State Police or his designated agent. 30 (g) "Local authorities" means a duly organized State, 31 county, or municipal peace unit or police force. 32 (h) "Manufacture" means the production, preparation, 33 propagation, compounding, conversion or processing of 34 cannabis, either directly or indirectly, by extraction from SB1397 Engrossed -4- LRB9111501MWpc 1 substances of natural origin, or independently by means of 2 chemical synthesis, or by a combination of extraction and 3 chemical synthesis, and includes any packaging or repackaging 4 of cannabis or labeling of its container, except that this 5 term does not include the preparation, compounding, 6 packaging, or labeling of cannabis as an incident to lawful 7 research, teaching, or chemical analysis and not for sale. 8 (i) "Person" means any individual, corporation, 9 government or governmental subdivision or agency, business 10 trust, estate, trust, partnership or association, or any 11 other entity. 12 (j) "Produce" or "production" means planting, 13 cultivating, tending or harvesting. 14 (k) "State" includes the State of Illinois and any 15 state, district, commonwealth, territory, insular possession 16 thereof, and any area subject to the legal authority of the 17 United States of America. 18 (l) "Subsequent offense" means an offense under this 19 Act, the offender of which, prior to his conviction of the 20 offense, has at any time been convicted under this Act or 21 under any laws of the United States or of any state relating 22 to cannabis, or any controlled substance as defined in the 23 Illinois Controlled Substances Act. 24 (Source: P.A. 89-507, eff. 7-1-97.) 25 Section 20. The Cannabis and Controlled Substances Tort 26 Claims Act is amended by changing Section 3 as follows: 27 (740 ILCS 20/3) (from Ch. 70, par. 903) 28 Sec. 3. Definitions. As used in this Act, unless the 29 context otherwise requires: 30 "Cannabis" includes marihuana, hashish, and other 31 substances that are identified as including any parts of the 32 plant Cannabis Sativa, whether growing or not, the seeds of SB1397 Engrossed -5- LRB9111501MWpc 1 that plant, the resin extracted from any part of that plant, 2 and any compound, manufacture, salt, derivative, mixture, or 3 preparation of that plant, its seeds, or resin, including 4 tetrahydrocannabinol (THC) and all other cannabinol 5 derivatives, including its naturally occurring or 6 synthetically produced ingredients, whether produced directly 7 or indirectly by extraction, independently by means of 8 chemical synthesis, or by a combination of extraction and 9 chemical synthesis. "Cannabis" does not include the mature 10 stalks of that plant, fiber produced from those stalks, oil 11 or cake made from the seeds of that plant, any other 12 compound, manufacture, salt, derivative, mixture, or 13 preparation of mature stalks (except the extracted resin), 14 fiber, oil or cake,orthe sterilized seeds of that plant 15 that are incapable of germination, or industrial hemp solely 16 as authorized for the purposes of Section 20 of the 17 University of Illinois Act and Section 10 of the Southern 18 Illinois University Management Act. 19 "Controlled substance" means a drug, substance, or 20 immediate precursor in the Schedules of Article II of the 21 Illinois Controlled Substances Act. 22 "Counterfeit substance" means a controlled substance or 23 the container or labeling of a controlled substance that, 24 without authorization, bears the trademark, trade name, or 25 other identifying mark, imprint, number, device, or any 26 likeness thereof of a manufacturer, distributor, or dispenser 27 other than the person who in fact manufactured, distributed, 28 or dispensed the substance. 29 "Deliver" or "delivery" means the actual, constructive, 30 or attempted transfer of possession of a controlled substance 31 or cannabis, with or without consideration, whether or not 32 there is an agency relationship. 33 "Manufacture" means the production, preparation, 34 propagation, compounding, conversion, or processing of a SB1397 Engrossed -6- LRB9111501MWpc 1 controlled substance, either directly or indirectly, by 2 extraction from substances of natural origin, independently 3 by means of chemical synthesis, or by a combination of 4 extraction and chemical synthesis, and includes any packaging 5 or repackaging of the substance or labeling of its container, 6 except that the term does not include: 7 (1) by an ultimate user, the preparation or 8 compounding of a controlled substance for his own use; 9 (2) by a practitioner or his authorized agent under 10 his supervision, the preparation, compounding, packaging, 11 or labeling of a controlled substance; 12 (A) as an incident to his administering or 13 dispensing of a controlled substance in the course 14 of his professional practice; or 15 (B) as an incident to lawful research, 16 teaching or chemical analysis and not for sale; or 17 (3) the preparation, compounding, packaging, or 18 labeling of cannabis as an incident to lawful research, 19 teaching, or chemical analysis and not for sale. 20 "Owner" means a person who has possession of or any 21 interest whatsoever in the property involved. 22 "Person" means an individual, a corporation, a 23 government, a governmental subdivision or agency, a business 24 trust, an estate, a trust, a partnership or association, or 25 any other entity. 26 "Production" means planting, cultivating, tending, or 27 harvesting. 28 "Property" means real property, including things growing 29 on, affixed to, and found in land, and tangible or intangible 30 personal property, including rights, services, privileges, 31 interests, claims, and securities. 32 (Source: P.A. 87-544.) 33 Section 99. Effective date. This Act takes effect upon SB1397 Engrossed -7- LRB9111501MWpc 1 becoming law.