HB 5085 — AGRICULTURE-TECH

HB5085 EngrossedEnrolled LRB098 16286 MGM 51346 b AN ACT concerning agriculture.

The Cannabis Control Act is amended by changing SectionsSection 38 and 15adding Section 15.2 as follows:

(720 ILCS 550/3)550/8) (from Ch.

703)708) Sec.

3.8.

AsIt usedis inunlawful thisfor Act,any person knowingly to produce the cannabis sativa plant or to possess such plants unless production or possession has been authorized pursuant to the contextprovisions otherwiseof requires:Section 11 or 15.2 of the Act.

(a)Any "Cannabis"person includeswho marihuana,violates hashishthis andSection otherwith substancesrespect whichto areproduction identified as including any parts of the plant Cannabis Sativa, whether growing or not;possession of:

the(a) seedsNot thereof,more thethan resin5 extractedplants fromis anyguilty part of sucha plant;Class A misdemeanor.

and(b) anyMore compound,than manufacture,5, salt,but derivative,not mixture,more orthan preparation20 ofplants, suchis plant,guilty its seeds, or resin, including tetrahydrocannabinol (THC) and all other cannabinol derivatives, including its naturally occurring or synthetically produced ingredients, whether produced directly or indirectly by extraction, or independently by means of chemical synthesis or by a combinationClass of4 extractionfelony. and chemical synthesis;

but(c) shallMore notthan include20, thebut maturenot stalksmore ofthan such50 plant,plants, fiberis producedguilty from such stalks, oil or cake made from the seeds of sucha plant,Class any3 otherfelony. compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks HB5085 Engrossed - 2 - LRB098 16286 MGM 51346 b (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of such plant which is incapable of germination.

(b)(d) "CasualMore delivery"than means50, thebut deliverynot more than 200 plants, is guilty of a Class 2 felony for which a fine not moreto thanexceed 10$100,000 gramsmay be imposed and for which liability for the cost of anyconducting substancethe containinginvestigation cannabisand withouteradicating consideration.such plants may be assessed.

(c)Compensation "Department"for meansexpenses theincurred Illinoisin Departmentthe enforcement of Humanthis ServicesHB5085 (asEnrolled successor- 2 - LRB098 16286 MGM 51346 b provision shall be transmitted to and deposited in the Departmenttreasurer's office at the level of Alcoholismgovernment andrepresented Substanceby Abuse)the Illinois law enforcement agency whose officers or itsemployees successorconducted agency.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.

(d)If "Deliver"such orseizure "delivery"was meansmade theby actual,a constructivecombination orof attemptedlaw transferenforcement ofpersonnel possessionrepresenting different levels of cannabis,government, withthe orcourt withoutlevying consideration,the whetherassessment orshall notdetermine therethe isallocation anof agencysuch relationship.assessment.

(e)The "Departmentproceeds of Stateassessment Police"awarded meansto the DepartmentState oftreasury Stateshall Policebe ofdeposited thein Statea ofspecial Illinoisfund orknown itsas successorthe agency.Drug Traffic Prevention Fund.

(f)(e) "Director"More meansthan the200 Directorplants 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 Departmentcost of Stateconducting Policethe orinvestigation hisand designatederadicating agent.such plants may be assessed.

(f-5)Compensation "Industrialfor hemp"expenses meansincurred cannabisin sativathe L.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 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.

havingIf nosuch moreseizure thanwas three-tenthsmade by a combination of 1%law Delta-9-tetrahydrocannabinol.enforcement personnel HB5085 Enrolled - 3 - LRB098 16286 MGM 51346 b representing different levels of government, the court levying the assessment shall determine the allocation of such assessment.

(g)The "Localproceeds authorities"of meansassessment aawarded dulyto organizedthe State,State county,treasury orshall municipalbe peacedeposited unitin ora policespecial force.fund known as the Drug Traffic Prevention Fund.

(h) "Manufacture" means the production, preparation, propagation, compounding, conversion or processing of cannabis, either directly or indirectly, by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and HB5085 Engrossed - 3 - LRB098 16286 MGM 51346 b chemical synthesis, and includes any packaging or repackaging of cannabis or labeling of its container, except that this term does not include the preparation, compounding, packaging, or labeling of cannabis as an incident to lawful research, teaching, or chemical analysis and not for sale.

(i) "Person" means any individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other entity.

(j) "Produce" or "production" means planting, cultivating, tending or harvesting.

(k) "State" includes the State of Illinois and any state, district, commonwealth, territory, insular possession thereof, and any area subject to the legal authority of the United States of America.

(l) "Subsequent offense" means an offense under this Act, the offender of which, prior to his conviction of the offense, has at any time been convicted under this Act or under any laws of the United States or of any state relating to cannabis, or any controlled substance as defined in the Illinois Controlled Substances Act.

89-507,95-247, eff.

7-1-97.)1-1-08.) (720 ILCS 550/15)550/15.2 (fromnew) Ch.Sec.

5615.2. 1/2, par.

715)Industrial Sec.hemp pilot program.

15.(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:

Research(1) Thethe Departmentindustrial shallhemp encourageis grown or cultivated for purposes of research onconducted cannabis.under an agricultural pilot program or other agricultural or academic research;

(a)(2) Thethe Departmentpilot shallprogram encouragestudies researchthe ongrowth, cannabis.cultivation, or marketing of industrial hemp;

Inand HB5085(3) Engrossedany -site 4used -for LRB098the 16286growing MGMor 51346cultivating bof connectionindustrial withhemp theis research,certified by, and inregistered furtherancewith, of the purposesDepartment of thisAgriculture. Act, the Department it may:

(1)(b) establishBefore methodsconducting toindustrial assesshemp accuratelyresearch, an institution of higher education shall notify the effectDepartment of cannabis;Agriculture and any local law enforcement agency in writing.

(2)(c) makeThe studiesinstitution of higher education shall provide quarterly reports and undertakean programsannual report to the Department of Agriculture on the research to:and the research program shall be HB5085 Enrolled - 4 - LRB098 16286 MGM 51346 b subject to random inspection by the Department of Agriculture, the Department of State Police, or local law enforcement agencies.

(i)The developinstitution newof orhigher improvededucation approaches,shall techniques,submit systems,the equipmentannual andreport devices to strengthen the enforcementDepartment of thisAgriculture Act;on or before October 1.

(ii)(d) determineThe patternsDepartment of useAgriculture ofmay cannabisadopt andrules itsto socialimplement effects;this Section.

In order to provide for the expeditious and (iii)timely improveimplementation methodsof 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 preventing,agricultural predicting,research understanding,purposes, andthe dealingDepartment withof Agriculture may adopt emergency rules under Section 5-45 of the useIllinois Administrative Procedure Act to implement the provisions of cannabis;this Section.

(3) enter into contracts with public agencies, educational institutions, and private organizations or individuals for the purpose of conducting research, demonstrations, or special projects which relate to the use of cannabis.

(b) The Department of Agriculture may encourage research on industrial hemp for agricultural purposes.

In connection with the research, and in furtherance of this purpose, the Department of Agriculture may:

(1) grow and cultivate industrial hemp;