HB5085eng 98TH GENERAL ASSEMBLY

HB5085 Engrossed LRB098 16286 MGM 51346 b

AN ACT concerning agriculture.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Cannabis Control Act is amended by changing Sections 3 and 15 as follows:

(720 ILCS 550/3) (from Ch. 56 1/2, par. 703)

Sec. 3. As used in this Act, unless the context otherwise requires:

(a) "Cannabis" includes marihuana, hashish and other substances which are identified as including any parts of the plant Cannabis Sativa, whether growing or not; the seeds thereof, the resin extracted from any part of such plant; and any compound, manufacture, salt, derivative, mixture, or preparation of such plant, 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 combination of extraction and chemical synthesis; but shall not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of such plant which is incapable of germination.

(b) "Casual delivery" means the delivery of not more than 10 grams of any substance containing cannabis without consideration.

(c) "Department" means the Illinois Department of Human Services (as successor to the Department of Alcoholism and Substance Abuse) or its successor agency.

(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.

(e) "Department of State Police" means the Department of State Police of the State of Illinois or its successor agency.

(f) "Director" means the Director of the Department of State Police or his designated agent.

(f-5) "Industrial hemp" means cannabis sativa L. having no more than three-tenths of 1% Delta-9-tetrahydrocannabinol.

(g) "Local authorities" means a duly organized State, county, or municipal peace unit or police force.

(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 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.

(Source: P.A. 89-507, eff. 7-1-97.)

(720 ILCS 550/15) (from Ch. 56 1/2, par. 715)

Sec. 15. Research The Department shall encourage research on cannabis.

(a) The Department shall encourage research on cannabis. In connection with the research, and in furtherance of the purposes of this Act, the Department it may:

(1) establish methods to assess accurately the effect of cannabis;

(2) make studies and undertake programs of research to:

(i) develop new or improved approaches, techniques, systems, equipment and devices to strengthen the enforcement of this Act;

(ii) determine patterns of use of cannabis and its social effects; and

(iii) improve methods for preventing, predicting, understanding, and dealing with the use of cannabis;

(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;

(2) perform studies and undertake programs of research to:

(i) develop new or improved approaches, techniques, systems, equipment, and devices for growing and cultivating industrial hemp; and

(ii) determine uses for industrial hemp; and

(3) authorize institutions of higher learning to grow or cultivate industrial hemp for the purpose of conducting research, demonstrations, or special projects which relate to the use of industrial hemp.

The Department of Agriculture may adopt rules to implement this subsection. In order to provide for the expeditious and timely implementation of this subsection, upon notification by an institution of higher learning that the institution wishes to engage in the growth or cultivation of industrial hemp for agricultural research purposes, the Department of Agriculture shall adopt emergency rules under Section 5-45 of the Illinois Administrative Procedure Act to implement the provisions of this subsection. 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 subsection (b) shall be deemed to be necessary for the public interest, safety, and welfare.

(Source: P.A. 83-969.)