HR0707 102ND GENERAL ASSEMBLY

HR0707 LRB102 25680 MST 34974 r

HOUSE RESOLUTION

WHEREAS, Illinois is dedicated to cannabis equity in the regulation of industrial hemp, especially for those who have been negatively impacted by the criminalization of cannabis; and

WHEREAS, Illinois seeks to ensure the inclusion of two groups of citizens in those eligible to obtain industrial help licenses, those citizens with felony records related to cannabis and those from areas in the State that have been disproportionately impacted by the criminalization of cannabis; and

WHEREAS, In 2020, the ACLU reported that Illinois had the third highest rate of bias in cannabis arrests in the United States; and

WHEREAS, In 2017, researchers estimated that 8% of the U.S. population has felony convictions, and 33% of the African American male population has a felony conviction; and

WHEREAS, A study conducted by the Center for the Study of Economic Liberty at Arizona State University examined the relationship between occupational licensing laws and new crime recidivism; states with the highest occupational burdens, including prohibitions on ex-prisoners receiving licenses, saw an increase in three-year new crime recidivism of 9.4% between 1997 and 2007; this is in comparison to a 2.6% average increase in survey states and a 4.2% decrease in states with the lowest occupational licensing burden; and

WHEREAS, A Blue Ribbon Commission report on marijuana regulations for California summarized that: "If a strategy of legislation is to bring current participants in the illicit market who are willing to comply with regulations into the legal market, then categorical exclusions of people who have in the past or are currently in the illicit market would be counterproductive, leaving many to continue working in the illicit market."; and

WHEREAS, Industrial hemp comes from the cannabis sativa plant; hemp and cannabis both derive from the cannabis sativa species and contain tetrahydrocannabinol (THC); hemp is used in clothing, paper, animal feed, and textiles; and

WHEREAS, In 2015, the Industrial Hemp Pilot Program became effective in Illinois, which allowed researchers and institutions of higher education to grow hemp for educational purposes; and

WHEREAS, The 2018 federal Farm Bill allows farmers and others to plant and process hemp nationally and allowed for the interstate transportation of hemp products; and

WHEREAS, The 2018 Farm Bill prohibits a person convicted of a "felony relating to a controlled substance under State or federal law" from producing hemp for a 10-year period following the date of the conviction; and

WHEREAS, The prohibition stated in the Illinois Hemp Plan, approved by the USDA, only applies to a person "who has executive managerial control" of the entity; and

WHEREAS, If the Illinois Department of Agriculture wants to maintain primary regulatory control over its hemp program, the Illinois Department of Agriculture must follow the federal requirements of the 2018 Farm Bill; and

WHEREAS, The exclusion of persons with felony charges related to a controlled substance is contrary to Illinois' goal to include those principally affected by the criminalization of cannabis; and

WHEREAS, A Farm Bill is due for consideration by the U.S. Congress in 2022; Congress can make changes to laws governing the cultivation and processing of hemp authorized by the 2018 Farm Bill in order to allow Illinois to continue to promote the inclusion of those with past felonies for participation in its Industrial Hemp Program; therefore, be it

RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE ONE HUNDRED SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we affirm the State's dedication to cannabis equity and respectfully ask members of the U.S. Congress to allow persons with felonies related to controlled substances to obtain industrial hemp licenses; and be it further

RESOLVED, That a suitable copy of this resolution be delivered to all members of the Illinois Congressional Delegation, the United States Department of Agriculture, and the Attorney General of the United States.