Illinois 100th Regular Session Status: Enacted Bipartisan · 8 D · 6 R cosponsors

SB 2298 — INDUSTRIAL HEMP ACT

Last action — Public Act . . . . . . . . . 100-1091

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 10, 2018. Enacted.

Prognosis

Likely to advance 98% · high confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 33 sponsors

    0 primary, 33 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (8 D · 6 R) — cross-party backing.

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Creates the Industrial Hemp Act. Provides that a person desiring to grow, cultivate, or process industrial hemp or industrial hemp products must be licensed by the Department of Agriculture. Provides that the application for a license shall include the name and address of the applicant and the legal description of the land area, including Global Positioning System coordinates, to be used to cultivate industrial hemp. Provides that the Department may determine, by rule, the duration of a license and the requirements for license renewal. Preempts home rule powers. Amends the Illinois Noxious Weed Law. Provides that "noxious weed" does not include industrial hemp. Amends the Cannabis Control Act. Provides that "cannabis" does not include industrial hemp. Makes conforming changes in the State Finance Act.

Bill Text

What changed in the latest version

129 added · 128 removed

Plain-language change summary

In the latest version of SB 2298, a new section has been added that establishes the Industrial Hemp Regulatory Fund. This fund aims to provide financial support for the regulation and oversight of industrial hemp activities. The inclusion of this fund is significant because it helps ensure that there are dedicated resources for managing hemp regulations, which can promote industry growth while maintaining compliance with state and federal laws. Additionally, language about employee immunity has been clarified, ensuring protection for those acting within their job responsibilities without fear of penalties.

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Latest
SB2298 Engrossed LRB100 16654 SLF 31792 b AN ACT concerning agriculture.
SB2298 Enrolled LRB100 16654 SLF 31792 b AN ACT concerning agriculture.
"Process" means the conversion of raw industrial hemp plant SB2298 Engrossed - 2 - LRB100 16654 SLF 31792 b material into a form that is presently legal to import from outside the United States under federal law.
"Process" means the conversion of raw industrial hemp plant SB2298 Enrolled - 2 - LRB100 16654 SLF 31792 b material into a form that is presently legal to import from outside the United States under federal law.
and the requirements for license or registration SB2298 Engrossed - 3 - LRB100 16654 SLF 31792 b renewal.
and the requirements for license or registration SB2298 Enrolled - 3 - LRB100 16654 SLF 31792 b renewal.
Administrative hearings involving licensees under this Act shall be conducted SB2298 Engrossed - 4 - LRB100 16654 SLF 31792 b under the Department's rules governing formal administrative proceedings.
Administrative hearings involving licensees under this Act shall be conducted SB2298 Enrolled - 4 - LRB100 16654 SLF 31792 b under the Department's rules governing formal administrative proceedings.
A person employed by the Department shall not be subject to criminal or civil penalties for taking any action under this Act when the actions are within the scope of his or her employment.
Except for willful or wanton misconduct, a person employed by the Department shall not be subject to criminal or civil penalties for taking any action under this Act when the actions are within the scope of his or her employment.
Nothing in this Act shall be construed to authorize any person to violate federal rules, regulations, or laws.
Nothing in this Act shall be construed to authorize any person to violate federal SB2298 Enrolled - 5 - LRB100 16654 SLF 31792 b rules, regulations, or laws.
If any part of this Act conflicts SB2298 Engrossed - 5 - LRB100 16654 SLF 31792 b with a provision of the federal laws regarding industrial hemp, the federal provisions shall control to the extent of the conflict.
If any part of this Act conflicts with a provision of the federal laws regarding industrial hemp, the federal provisions shall control to the extent of the conflict.
(3) "Director" means the Director of the Department of Agriculture of the State of Illinois, or his or her duly appointed representative.
(3) "Director" means the Director of the Department of Agriculture of the State of Illinois, or his or her duly SB2298 Enrolled - 6 - LRB100 16654 SLF 31792 b appointed representative.
SB2298 Engrossed - 6 - LRB100 16654 SLF 31792 b (4) "Department" means the Department of Agriculture of the State of Illinois.
(4) "Department" means the Department of Agriculture of the State of Illinois.
(a) "Cannabis" includes marihuana, hashish and other substances which are identified as including any parts of the plant Cannabis Sativa, whether growing or not;
(a) "Cannabis" includes marihuana, hashish and other substances which are identified as including any parts of the SB2298 Enrolled - 7 - LRB100 16654 SLF 31792 b plant Cannabis Sativa, whether growing or not;
the seeds SB2298 Engrossed - 7 - LRB100 16654 SLF 31792 b thereof, the resin extracted from any part of such plant;
the seeds thereof, the resin extracted from any part of such plant;
(d) "Deliver" or "delivery" means the actual, constructive or attempted transfer of possession of cannabis, with or without consideration, whether or not there is an agency relationship.
(d) "Deliver" or "delivery" means the actual, constructive or attempted transfer of possession of cannabis, with or without consideration, whether or not there is an agency SB2298 Enrolled - 8 - LRB100 16654 SLF 31792 b relationship.
SB2298 Engrossed - 8 - LRB100 16654 SLF 31792 b (e) "Department of State Police" means the Department of State Police of the State of Illinois or its successor agency.
(e) "Department of State Police" means the Department of State Police of the State of Illinois or its successor agency.
(l) "Subsequent offense" means an offense under this Act, SB2298 Engrossed - 9 - LRB100 16654 SLF 31792 b 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.
SB2298 Enrolled - 9 - LRB100 16654 SLF 31792 b (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.
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Action History

  1. Public Act . . . . . . . . . 100-1091

  2. Effective Date August 26, 2018

  3. Governor Approved

  4. Sent to the Governor

  5. Added as Co-Sponsor Sen. Patricia Van Pelt

  6. Passed Both Houses

  7. Senate Concurs

  8. House Committee Amendment No. 1 Senate Concurs 056-000-000

  9. House Committee Amendment No. 1 Motion To Concur Recommended Do Adopt Agriculture; 010-000-000

  10. House Committee Amendment No. 1 Motion to Concur Assignments Referred to Agriculture

  11. House Committee Amendment No. 1 Motion to Concur Referred to Assignments

  12. House Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. Toi W. Hutchinson

  13. Placed on Calendar Order of Concurrence House Amendment(s) 1 - May 24, 2018

  14. Secretary's Desk - Concurrence House Amendment(s) 1

  15. Added Alternate Co-Sponsor Rep. Robert W. Pritchard

  16. Added Alternate Co-Sponsor Rep. Carol Ammons

  17. Third Reading - Short Debate - Passed 106-003-000

  18. Added Alternate Co-Sponsor Rep. Peter Breen

  19. Added Alternate Co-Sponsor Rep. Ryan Spain

  20. Added Alternate Co-Sponsor Rep. Thomas M. Bennett

  21. Added Alternate Co-Sponsor Rep. Keith R. Wheeler

  22. Added Alternate Co-Sponsor Rep. Jerry Lee Long

  23. Added Alternate Co-Sponsor Rep. C.D. Davidsmeyer

  24. Added Alternate Co-Sponsor Rep. Dave Severin

  25. Added Alternate Co-Sponsor Rep. Avery Bourne

  26. Added Alternate Co-Sponsor Rep. Randy E. Frese

  27. Added Alternate Co-Sponsor Rep. Grant Wehrli

  28. Added Alternate Chief Co-Sponsor Rep. Allen Skillicorn

  29. Added Alternate Chief Co-Sponsor Rep. Kelly M. Cassidy

  30. Alternate Chief Co-Sponsor Removed Rep. Tim Butler

  31. Alternate Chief Sponsor Changed to Rep. Tim Butler

  32. Added Alternate Co-Sponsor Rep. Steven A. Andersson

  33. Added Alternate Co-Sponsor Rep. Jay Hoffman

  34. Added Alternate Co-Sponsor Rep. Ann M. Williams

  35. Added Alternate Co-Sponsor Rep. Nicholas K Smith

  36. Added Alternate Co-Sponsor Rep. Terri Bryant

  37. Added Alternate Co-Sponsor Rep. Theresa Mah

  38. Added Alternate Co-Sponsor Rep. Jaime M. Andrade, Jr.

  39. Added Alternate Co-Sponsor Rep. Barbara Flynn Currie

  40. Added Alternate Co-Sponsor Rep. David S. Olsen

  41. Added Alternate Co-Sponsor Rep. Nick Sauer

  42. Added Alternate Co-Sponsor Rep. Robyn Gabel

  43. Added Alternate Co-Sponsor Rep. Laura Fine

  44. Added Alternate Co-Sponsor Rep. Jehan Gordon-Booth

  45. Added Alternate Co-Sponsor Rep. Camille Y. Lilly

  46. Added Alternate Co-Sponsor Rep. Robert Martwick

  47. Added Alternate Co-Sponsor Rep. Melissa Conyears-Ervin

  48. Added as Co-Sponsor Sen. Laura M. Murphy

  49. Added Alternate Chief Co-Sponsor Rep. Tim Butler

  50. Added Alternate Co-Sponsor Rep. Charles Meier

  51. Added Alternate Co-Sponsor Rep. Steven Reick

  52. Added Alternate Co-Sponsor Rep. Daniel Swanson

  53. Placed on Calendar Order of 3rd Reading - Short Debate

  54. Second Reading - Short Debate

  55. Held on Calendar Order of Second Reading - Short Debate

  56. Second Reading - Short Debate

  57. Added Alternate Chief Co-Sponsor Rep. Elizabeth Hernandez

  58. Placed on Calendar 2nd Reading - Short Debate

  59. Do Pass as Amended / Short Debate Agriculture & Conservation Committee; 015-000-000

  60. House Committee Amendment No. 1 Adopted in Agriculture & Conservation Committee; by Voice Vote

  61. House Committee Amendment No. 1 Rules Refers to Agriculture & Conservation Committee

  62. House Committee Amendment No. 1 Referred to Rules Committee

  63. House Committee Amendment No. 1 Filed with Clerk by Rep. Kelly M. Cassidy

  64. Added Alternate Co-Sponsor Rep. Emanuel Chris Welch

  65. Assigned to Agriculture & Conservation Committee

  66. Added as Co-Sponsor Sen. Steven M. Landek

  67. Added as Co-Sponsor Sen. Kimberly A. Lightford

  68. Added Alternate Chief Co-Sponsor Rep. Sonya M. Harper

  69. Referred to Rules Committee

  70. First Reading

  71. Chief House Sponsor Rep. Kelly M. Cassidy

  72. Arrived in House

  73. Third Reading - Passed; 050-000-000

  74. Placed on Calendar Order of 3rd Reading April 24, 2018

  75. Second Reading

  76. Added as Co-Sponsor Sen. Linda Holmes

  77. Added as Chief Co-Sponsor Sen. Wm. Sam McCann

  78. Placed on Calendar Order of 2nd Reading April 17, 2018

  79. Do Pass as Amended Agriculture; 009-000-000

  80. Senate Committee Amendment No. 1 Adopted

  81. Senate Committee Amendment No. 1 Assignments Refers to Agriculture

  82. Added as Chief Co-Sponsor Sen. Iris Y. Martinez

  83. Senate Committee Amendment No. 1 Referred to Assignments

  84. Senate Committee Amendment No. 1 Filed with Secretary by Sen. Toi W. Hutchinson

  85. Added as Co-Sponsor Sen. Neil Anderson

  86. Added as Chief Co-Sponsor Sen. Omar Aquino

  87. Added as Co-Sponsor Sen. Heather A. Steans

  88. Added as Co-Sponsor Sen. Cristina Castro

  89. Added as Chief Co-Sponsor Sen. David Koehler

  90. Assigned to Agriculture

  91. Referred to Assignments

  92. First Reading

  93. Filed with Secretary by Sen. Toi W. Hutchinson

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

0 sponsors · 33 co-sponsors · 150 not signed on · 1 voted No

Sponsors (0)

None.

Co-sponsors (33)

Not signed on (150)

150 members have not signed on to this bill.

Show all 150 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Concurrence

Passed 56 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 33002
Democrat 15000
Republican 8001
Total 56003
% of votes cast 95%0%0%5%
How each member voted (59)
Member Party Vote
Bertino-Tarrant — Yea
Biss — Yea
Bivins — Not Voting
Mulroe — Yea
Manar — Yea
McCann — Yea
McConnaughay — Yea
Silverstein — Yea
Rooney — Yea
Bennett — Yea
Harris — Yea
McGuire — Yea
Haine — Yea
Landek — Yea
Brady — Yea
McCarter — Not Voting
Cullerton — Yea
Cullerton, T. — Yea
Muñoz — Yea
Raoul — Yea
Steans — Yea
Bush — Yea
Clayborne — Yea
Connelly — Yea
Hutchinson — Yea
Nybo — Yea
Oberweis — Yea
Righter — Yea
Sandoval — Yea
Schimpf — Yea
Link — Yea
Althoff — Yea
Martinez — Yea
Barickman — Yea
Van Pelt — Yea
Bill Cunningham Democrat Yea
Cristina Castro Democrat Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Elgie R. Sims, Jr. Democrat Yea
Emil Jones, III Democrat Yea
Julie A. Morrison Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Michael E. Hastings Democrat Yea
Omar Aquino Democrat Yea
Steve Stadelman Democrat Yea
Chapin Rose Republican Yea
Dale Fowler Republican Yea
Dan McConchie Republican Not Voting
Dave Syverson Republican Yea
Jil Tracy Republican Yea
John F. Curran Republican Yea
Neil Anderson Republican Yea
Sue Rezin Republican Yea
Travis Weaver Republican Yea

Official roll call →

Third Reading

Passed 106 Yea · 3 Nay · 9 Other
Party YeaNayPresentNot Voting
Unaffiliated 66206
Democrat 30101
Republican 10002
Total 106309
% of votes cast 90%3%0%8%
How each member voted (118)
Member Party Vote
Batinick — Yea
Bellock — Nay
Bourne — Yea
Bristow — Yea
Breen — Yea
Butler — Yea
Carroll — Yea
McAuliffe — Nay
Drury — Yea
Fortner — Not Voting
Lang — Yea
Long — Yea
Sente — Yea
Skillicorn — Yea
Stewart — Yea
Stratton — Yea
Bennett — Yea
Sauer — Yea
Brady — Yea
Harris, David — Yea
Tabares — Yea
Harris, Gregory — Yea
Thapedi — Yea
Turner — Yea
Unes — Yea
Hernandez — Yea
Burke, Daniel — Yea
Burke, Kelly — Yea
Jones — Yea
Cavaletto — Yea
Connor — Yea
Conroy — Yea
Conyears-Ervin — Yea
Costello — Yea
Frese — Yea
Greenwood — Yea
Hays — Yea
Hurley — Yea
Ives — Yea
Jimenez — Yea
McDermed — Yea
Davis — Yea
McSweeney — Yea
Wheeler, Barbara — Yea
Wheeler, Keith — Yea
Mitchell, Bill — Yea
Williams — Yea
Mitchell, Christian — Yea
Olsen — Yea
Finnie, Natalie — Yea
Wallace — Yea
Wehrli — Yea
Welter — Yea
Willis — Yea
Winger — Yea
Currie — Yea
D'Amico — Yea
Demmer — Yea
Durkin — Yea
Flowers — Not Voting
Jesiel — Not Voting
Zalewski — Not Voting
Parkhurst — Yea
Phillips — Yea
Pritchard — Yea
Reis — Yea
Riley — Yea
Sommer — Yea
Soto — Not Voting
Yingling — Yea
Madigan — Yea
Andersson — Yea
Arroyo — Yea
Chapa LaVia — Not Voting
Anna Moeller Democrat Yea
Anthony DeLuca Democrat Yea
Camille Y. Lilly Democrat Yea
Carol Ammons Democrat Yea
Emanuel "Chris" Welch Democrat Yea
Fred Crespo Democrat Yea
Jaime M. Andrade, Jr. Democrat Yea
Jay Hoffman Democrat Yea
Jehan Gordon-Booth Democrat Yea
Julie A. Morrison Democrat Nay
Justin Slaughter Democrat Yea
Katie Stuart Democrat Yea
Kelly M. Cassidy Democrat Yea
La Shawn K. Ford Democrat Yea
Laura Fine Democrat Yea
Lawrence "Larry" Walsh, Jr. Democrat Yea
Marcus C. Evans, Jr. Democrat Yea
Martin J. Moylan Democrat Yea
Michael W. Halpin Democrat Yea
Michelle Mussman Democrat Yea
Natalie A. Manley Democrat Yea
Nicholas K. Smith Democrat Yea
Rita Mayfield Democrat Yea
Robert "Bob" Rita Democrat Not Voting
Robert F. Martwick Democrat Yea
Robyn Gabel Democrat Yea
Sara Feigenholtz Democrat Yea
Sonya M. Harper Democrat Yea
Stephanie A. Kifowit Democrat Yea
Sue Scherer Democrat Yea
Theresa Mah Democrat Yea
Will Guzzardi Democrat Yea
Brad Halbrook Republican Yea
Charles Meier Republican Yea
Christopher "C.D." Davidsmeyer Republican Yea
Dan Swanson Republican Yea
Dave Severin Republican Yea
Joe C. Sosnowski Republican Not Voting
John M. Cabello Republican Yea
Norine K. Hammond Republican Not Voting
Ryan Spain Republican Yea
Steven Reick Republican Yea
Terri Bryant Republican Yea
Tony M. McCombie Republican Yea

Official roll call →

Third Reading

Passed 50 Yea · 0 Nay · 9 Other
Party YeaNayPresentNot Voting
Unaffiliated 28007
Democrat 14001
Republican 8001
Total 50009
% of votes cast 85%0%0%15%
How each member voted (59)
Member Party Vote
Bertino-Tarrant — Yea
Biss — Yea
Bivins — Yea
Bush — Yea
Connelly — Not Voting
McCarter — Not Voting
Manar — Yea
Martinez — Yea
Rooney — Yea
McConnaughay — Yea
Mulroe — Yea
Muñoz — Yea
Steans — Yea
Bennett — Yea
Harris — Yea
McGuire — Yea
Brady — Yea
Haine — Yea
Landek — Not Voting
Link — Yea
McCann — Not Voting
Cullerton — Yea
Cullerton, T. — Yea
Oberweis — Yea
Clayborne — Not Voting
Hutchinson — Yea
Raoul — Yea
Silverstein — Not Voting
Nybo — Yea
Righter — Not Voting
Sandoval — Yea
Schimpf — Yea
Althoff — Yea
Barickman — Yea
Van Pelt — Yea
Bill Cunningham Democrat Yea
Cristina Castro Democrat Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Elgie R. Sims, Jr. Democrat Not Voting
Emil Jones, III Democrat Yea
Julie A. Morrison Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Michael E. Hastings Democrat Yea
Omar Aquino Democrat Yea
Steve Stadelman Democrat Yea
Chapin Rose Republican Yea
Dale Fowler Republican Yea
Dan McConchie Republican Yea
Dave Syverson Republican Yea
Jil Tracy Republican Yea
John F. Curran Republican Yea
Neil Anderson Republican Yea
Sue Rezin Republican Yea
Travis Weaver Republican Not Voting

Official roll call →

Subjects

technology agriculture
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Frequently asked questions

What does SB 2298 do?
Creates the Industrial Hemp Act. Provides that a person desiring to grow, cultivate, or process industrial hemp or industrial hemp products must be licensed by the Department of Agriculture. Provides that the application for a license shall include the name and address of the applicant and the legal description of the land area, including Global Positioning System coordinates, to be used to cultivate industrial hemp. Provides that the Department may determine, by rule, the duration of a license and the requirements for license renewal. Preempts home rule powers. Amends the Illinois Noxious Weed Law. Provides that "noxious weed" does not include industrial hemp. Amends the Cannabis Control Act. Provides that "cannabis" does not include industrial hemp. Makes conforming changes in the State Finance Act.
Who sponsors SB 2298?
SB 2298 is sponsored by Mr. Nicholas K Smith, Toi W. Hutchinson, Emanuel Chris Welch, Dan Swanson (Republican), Steven Reick (Republican), Charles Meier, Melissa Conyears-Ervin, Camille Y. Lilly (Democrat), Jehan Gordon-Booth, Laura Fine (Democrat), Robyn Gabel (Democrat), Nick Sauer, David S. Olsen, Barbara Flynn Currie, Jaime M. Andrade, Jr. (Democrat), Theresa Mah (Democrat), Ann M. Williams (Democrat), Jay Hoffman, Steven A. Andersson, Grant Wehrli, Randy E. Frese, Avery Bourne, Dave Severin (Republican), Christopher "C.D." Davidsmeyer (Republican), Jerry Lee Long, Keith R. Wheeler, Thomas M. Bennett, Ryan Spain (Republican), Peter Breen, Carol Ammons (Democrat), Robert W. Pritchard, Terri Bryant (Republican), and Robert F. Martwick (Democrat).
What is the current status of SB 2298?
This bill has been enacted into law. Introduced January 10, 2018. Enacted.
Where can I track SB 2298?
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