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Illinois Department of Agriculture Hemp Plan

This Plan is submitted to the United States Department of Agriculture (USDA), in 

accordance with the requirements of the 2018 Farm Bill and its Final Rules. In 2015, Illinois 

enacted into law an Industrial Hemp Pilot Program (720 ILCS 550/15.2), allowing institutions of 

higher education to grow hemp for research purposes. In 2018, Illinois enacted the Industrial 

Hemp Act (505 ILCS 89), allowing farmers and entities outside of higher education to grow and 

process hemp. The Illinois Department of Agriculture (IDOA) was tasked with administering 

both of those programs and completed administrative rulemaking for each accordingly. IDOA

has had primary regulatory authority over hemp in Illinois for several years and will continue to

do so. IDOA certifies that it has the personnel and resources to meet the requirements of the 

2018 Farm Bill.

IDOA’s Hemp Plan is based on the Department’s previously published Administrative 

Rules for Illinois’ Industrial Hemp Act, and accordingly requires a revision of those Rules 

(found at 8 Illinois Administrative Code Part 1200), which IDOA will be commencing in 

January 2022. Additionally, a secondary rulemaking process will commence to repeal the 

administrative rules in place under the Industrial Hemp Pilot Program Act (found at 8 Illinois 

Administrative Code Part 1100), as the Hemp Plan below includes academic research 

institutions.

Industrial Hemp Act Administrative Rules – 8 Illinois Administrative Code Part 1200

Section 1200.10 Definitions and Incorporations

Definitions for this Part are located in Section 5 of the Industrial Hemp Act [505 ILCS 89]. The 

following definitions shall also apply to this Part:

“Academic Research” means research conducted by a licensed Academic Research 

Institution on hemp or industrial hemp.

“Academic Research Institutions” are institutions that: (1) offer in person courses at a 

physical campus located in Illinois, (2) offer an agricultural program or degree, and (3) 

conduct research on hemp. This includes accredited public institutions of higher 

education, as defined in 110 ILCS 205/1; accredited, not for profit, post-secondary 

educational institutions, as defined at 110 ILCS/1005/1; and community colleges, as 

defined at 110 ILCS 805/1-2(c); or other academic institutions approved by the 

Department, which conduct academic research on hemp.

“Academic Sampling Agent” is an individual designated by an Academic Research 

Institution to sample hemp for that Institution.

“Acceptable hemp THC level” means a total delta-9 tetrahydrocannabinol content 

concentration level of not more than 0.3 percent on a dry weight basis for hemp or in a 

hemp product. Hemp or hemp product will satisfy this standard if laboratory testing 

produces a distribution or range that includes the total THC concentration level of 0.3 

percent or less.
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"Act" means the Industrial Hemp Act [505 ILCS 89].

"Agent" means any family member, employee, contracted employee, or farmhand of a 

licensed or registered hemp cultivator or processor.

"Applicant" means the individual or entity who is applying for a license or registration.

“Biomass” shall mean the result of all flowers, buds, trichomes, leaves, stalks, seed, and 

all plant parts from a lot being be chopped or shredded in such a way as to create a 

homogenous, uniform blend of the lot. Only one lot may make up biomass. Chopping and 

shredding may be done by shredders, composters, or other specialty mechanical 

equipment.

“Cannabis” shall have the same definition as in the Cannabis Regulation and Tax Act 

(410 ILCS 705/1-10)

"Contiguous Land Area" means land areas used for cultivation of industrial hemp that are 

not separated by more than 100 feet by waterways, fences, railroads, lanes, roads, 

highways, interstates, or other separations.

“Culpable mental state greater than negligence” means to act intentionally, knowingly, 

willfully, or recklessly.

"Cultivating" means planting, growing, harvesting, and storing a plant or crop.

“Decarboxylated”, in the context of these Rules and the Act, means the completion of the 

chemical reaction that converts THC-acid (THCA) into delta-9-THC, the intoxicating 

component of cannabis. The decarboxylated value is also calculated using a conversion 

formula that sums up delta-9-THC and 87.7 percent of THCA.

“Decarboxylation” means the removal or elimination of a carboxyl group from a 

molecule or organic compound.

"Department" means the Illinois Department of Agriculture.

"Director" means the Director of Agriculture.

“Disposal report” means the report and notice that the licensee must submit to the 

Department on the required form, no more than 48 hours after the crop has been disposed 

of pursuant to a Department disposal order.

“Disposal” or “disposed of” means an activity that transitions non-compliant hemp or

hemp used for research purposes into a non-retrievable or non-ingestible form. Approved 

methods of disposal include plowing, tilling, or disking plant material into the soil; 

mulching, composting, chopping, or bush mowing plant material into green manure; 
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burning plant material; burying plant material into the earth and covering with soil, and; 

any other methods approved by USDA or the Department

“Dry weight basis” means the ratio of the amount of dry solid in a sample after drying to 

the total mass of the sample before drying, including the moisture in a sample. Dry 

weight basis is the percentage of a chemical in a substance after removing the moisture 

from the substance. Percentage of THC on a dry weight basis means the percentage of 

THC, by weight, in a cannabis item (plant, extract, or other derivative), after excluding 

moisture from the item.

"Farm" means any property used solely for the growing and harvesting of crops; for the 

feeding, breeding and management of livestock; for dairying or for any other agricultural 

or horticultural use or combination thereof; including, but not limited to, hay, grain, fruit, 

truck or vegetable crops, floriculture, mushroom growing, plant or tree nurseries, 

orchards, forestry, sod farming and greenhouses; the keeping, raising and feeding of 

livestock or poultry, including dairying, poultry, swine, sheep, beef cattle, ponies or 

horses, fur farming, bees, fish and wildlife farming [35 ILCS 200/1-160].

“Farm Bill” means H.R. 2, the Agriculture Improvement Act of 2018, which became 

Public Law 115-334 on December 20, 2018. This federal statute is incorporated herein by 

reference.

“Farm Service Agency” or “FSA” means the Farm Service Agency of the United States 

Department of Agriculture.

"Handle" means to possess, transport or store industrial hemp for any period of time on 

premises owned, operated or controlled by a person or entity, or the agent thereof, 

licensed to cultivate industrial hemp or registered to process industrial hemp.

“Hemp” or “Industrial Hemp” means the plant Cannabis sativa L. and any part of that 

plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, 

acids, salts and salts of isomers, whether growing or not, with a total delta-9 

tetrahydrocannabinol (THC) concentration of not more than 0.3% on a dry weight basis 

that has been cultivated under a license issued under the Act or is otherwise lawfully 

present in this State, and includes any intermediate or finished product made or derived 

from industrial hemp. 

“Hemp manifest” means a document of title evidencing the receipt of hemp for shipment 

issued by an individual engaged in the business of directly or indirectly transporting or 

forwarding hemp. “Hemp manifest” does not include a warehouse receipt, or hemp 

transported within the state of Illinois by a person for that person’s sole use. A hemp 

manifest shall include the following:

1) The name and address of the owner of the hemp;

2) The point of origin;
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3) The point of delivery, including name and address;

4) The kind and quantity of packages or, if in bulk, the total quantity of hemp in 

the shipment; and

5) The date of shipment.

“High-performance liquid chromatography” or “HPLC” means a type of chromatography 

technique in analytical chemistry used to separate, identify, and quantify each component 

in a mixture. HPLC relies on pumps to pass a pressurized liquid solvent containing the 

sample mixture through a column filled with a solid adsorbent material to separate and 

analyze compounds.

"Indoor Cultivation" means the process of cultivating industrial hemp in a greenhouse or 

in an enclosed building or structure capable of continuous cultivation throughout the 

year. Continuous cultivation is not required. 

“Key participants” means a sole proprietor, a partner in partnership, or a person with 

executive managerial control in a corporation. A person with executive managerial 

control includes persons such as a chief executive officer, chief operating officer, and 

chief financial officer. This definition does not include non-executive managers such as 

farm, field, or shift managers.

"Land Area" means a farm as defined in Section 1-60 of the Property Tax Code [35 ILCS 

200] in this State or land or facilities under the control of an academic research 

institution.

"Law Enforcement" means the officers and activities of the federal, State, and local 

agencies responsible for maintaining public order and enforcing the law.

"License" means authorization by the Department for any individual or legal entity to 

grow industrial hemp in the State.

"Licensee" means a person or entity that has applied for, and received, a license to 

cultivate Industrial Hemp from the Department.

“Lot” refers to the defined term in 7 CFR Part 990 and shares the same definition: a 

contiguous area in a field, greenhouse, or indoor growing structure containing the same

variety or strain of cannabis throughout. In addition, ‘‘lot’’ is a common term in

agriculture that refers to the batch or contiguous, homogeneous whole of a product being 

sold to a single buyer at a single time. Under the terms of this part, ‘‘lot’’ is to be defined 

by the producer in terms of farm location, field acreage, and variety (i.e., cultivar) and to 

be reported as such to FSA. For FSA reporting purposes, FSA staff will determine the 

appropriate designation for the specific location(s) where hemp is being grown using 
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FSA terminology such as ‘‘farm,’’ ‘‘tract,’’ ‘‘field,’’ and ‘‘subfield’’ to mean ‘‘lot’’ for 

the purpose of this rule.

“Official sample” means the preharvest hemp sample collected by the Department, in 

accordance with Department policy, which is used to assess the THC concentration of a 

single lot of hemp.

“Order of disposal” means the order furnished to the licensee by the Department, 

ordering the disposal of cannabis that exceeds the acceptable hemp THC concentration.

“Negligence” is a failure to exercise the level of care that a reasonably prudent person 

would exercise in complying with the regulations set forth under this part.

"Person" means any individual, partnership, firm, corporation, company, society, 

association, the State or any Department, agency, or subdivision thereof, or any other 

entity, or the agent thereof.

“Post decarboxylation value,” in the context of testing methodologies for THC 

concentration in hemp, means a value determined after the process of decarboxylation 

that determines the total potential delta-9 tetrahydrocannabinol (THC) content derived 

from the sum of the THC and delta-9-tetrahydrocannabinolic acid (THCA) content and 

reported on a dry weight basis. The post decarboxylation value of THC can be calculated 

by using a chromatographic technique using heat, gas chromatography, through which 

THCA is converted from its acid form to its neutral form, THC. Thus, this test calculates 

the total potential THC in each sample. The post decarboxylation value of THC can also 

be calculated by using a high-performance liquid chromatograph technique, which keeps 

the THCA intact and requires a conversion calculation of that THCA to calculate total 

potential THC in a given sample.

“Preharvest inspection” means the inspection, prior to the licensee commencing harvest,

to collect one or more official samples for official laboratory testing.

"Process" means the conversion of raw industrial hemp plant material into a form that is 

presently legal to import from outside the United States under federal law.

"Registrant" means any person or entity that has applied for, and received, a Registration 

to process industrial hemp from the Department.

"Registration" means authorization by the Department for any individual or legal entity to 

process or handle industrial hemp.

“Remediation” means any process by which non-compliant hemp (THC concentration >

0.3%) is rendered compliant (THC concentration ≤ 0.3%). Remediation can be achieved 

by separating and destroying non-compliant flowers while retaining stalks, leaves, and 

seeds; or by shredding the entire hemp plant to create a homogenous “biomass.” Both 

remediation options require retesting for THC compliance before entering the stream of 
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commerce.

“Reverse distributor” means a person who is registered with Drug Enforcement 

Administration (DEA) in accordance with 21 CFR 1317.15 to dispose of marijuana under 

the Controlled Substances Act.

“Sampling Agent” or “Sample Collector" means someone trained under applicable 

USDA or State training procedures for sample collection. Hemp growers may not act as 

their own sampling agents.

“Strain” means variations of a cultivar, generally from breeding techniques or genetic 

mutations.

“THC” means total tetrahydrocannabinol.

“Total THC” is the value determined after the process of decarboxylation, or the 

application of a conversion factor if the testing methodology does not include 

decarboxylation, that expressed the potential total delta-9 tetrahydrocannabinol content 

derived from the sum of the THC and THCA content and reported on a dry weight basis. 

This post-decarboxylation value of THC can be calculated by using a chromatograph 

technique using heat, such as gas chromatography, through which THCA is converted 

from its acid form to its neutral form, THC. Thus, this test calculates the total potential 

THC in a given sample. The total THC can also be calculated by using a liquid 

chromatograph technique, which keeps the THCA intact. This technique requires the use 

of the following conversion: [Total THC=(0.877 x THCA) + THC] which calculates the 

potential total THC in a given sample.

"Variety" means a group of plants or an individual plant that exhibits distinctive 

observable physical characteristics or has a distinct genetic composition. This includes 

the terms "cultivar" and "strain".

Section 1200.20 General Provisions

a) No person shall cultivate industrial hemp in the State without first receiving an

Industrial Hemp Cultivation License from the Department.

b) No person shall process or handle industrial hemp in the State without first 

receiving a processor/handler registration from the Department.

c) All licensees in the State shall provide reports as outlined in Section 1200.40(a) 

and (b).

d) Licensed industrial hemp cultivators are solely responsible for procuring seeds, 

clones, transplants, or propagules for planting.
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e) All seeds, clones, transplants and propagules used to cultivate industrial hemp in 

Illinois shall be certified under the Association of Official Seed Certifying 

Agencies (AOSCA) standards and guidelines for industrial hemp or shall be 

accompanied by a certificate of analysis from an accredited certified laboratory 

from a state with a regulated industrial hemp program that certifies the industrial 

hemp grown will not contain in excess of 0.3% THC.

f) No land area may contain cannabis plants or parts of cannabis plants that the 

licensee knows or has reason to know are of a variety that will produce a plant 

that, when tested, will produce more than 0.3% THC concentration on a dry 

weight basis. No licensee shall use any such variety for any purpose associated 

with the cultivation of industrial hemp.

g) The minimum land area for industrial hemp cultivation shall be a contiguous land 

area of one quarter of an acre for outdoor cultivation and 500 square feet for 

indoor cultivation.

h) Licensee information may be shared with law enforcement without notice to the 

licensee.

i) Any violations of the Act, this Part, or any Illinois or Federal Criminal Code may 

subject the licensee or registrant to administrative penalties as set forth in 

Sections 1200.120 and 1200.130 and may also subject the licensee or registrant to 

criminal prosecution.

j) Harvest Timing and Restrictions

1) No licensee shall harvest any portion of a hemp crop until the Department has 

sampled the lot to be harvested.

2) Department will collect a sample of each crop within 15 calendar days prior to 

licensee’s reported harvest date

3) There shall be no change of ownership of any hemp crop until laboratory 

analysis has been complete on such crop.

k) All licensees and registrants are subject to audit and inspection by the 

Department.

l) Each licensee and registrant shall maintain all records for a period of at least 3 

years. “Records” includes, but is not limited to: harvest reports, sales data, testing 

results, sampling documentation, and resampling results, disposal reports, 

transportation records, any repots made to USDA, FSA, or Department, any 

related documentation, and any other information deemed pertinent by 

Department.
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Section 1200.30 Application and Licensure

a) Each applicant for an industrial hemp cultivation license shall submit a signed, 

complete, accurate and legible application form provided by the Department. The 

applicant shall provide the following:

1) The name, address, phone number, and email address of the person or entity 

applying for the cultivation license.

2) The type of business or organization, such as corporation, LLC, partnership, 

sole proprietor, etc., and the entity’s EIN.

3) Business name and address, if different than the ones submitted in response to 

subsection (a)(1). This shall include the full name of the business, address of 

the principal business location, and full name and title of the key participants.

4) The legal description of the land area, including Global Positioning System 

coordinates of each contiguous land area, to be used to cultivate industrial 

hemp.

5) A map of the land area on which the applicant plans to grow industrial hemp, 

showing the boundaries and dimensions of the growing area in acres or square 

feet.

6) The applicable fee prescribed by Section 1200.80; and

7) The varieties of industrial hemp that are intended for cultivation.

8) Academic Research Institutions must also include their designated testing 

laboratory in their application, in addition to all of the above. 

b) No person who has been convicted of any controlled substances related felony in 

the 10 years prior to the date of application shall be eligible to obtain a license or 

registration. For applicants that are entities, this prohibition shall apply to any 

person associated with the applicant who has executive managerial control of the 

entity. This does not include non-executive managers such as farm, field, or shift 

managers.

1) This shall not apply to participants in a state hemp pilot program authorized 

under the 2014 Agricultural Act prior to December 20, 2018, that had a 

controlled substance felony conviction

c) Within 30 calendar days after receipt of a completed application and the 

associated fee, the Department will either issue a license or deny the 
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application. Incomplete applications will be rejected, and an additional 

application fee will be collected for corrected and/or new applications.

d) A license or registration shall be good for a maximum of 3 calendar years from 

the date of issuance.

e) Any changes to the licensee's cultivation application as outlined in the original 

application shall be approved by the Department prior to implementation.

f) All processors of industrial hemp shall register with the Department on a form 

provided by the Department, which shall include:

1) The name and address of the person or entity applying for the processor 

registration.

2) The business type, such as a corporation, LLC, partnership, sole proprietor, 

etc.

3) The business name and address if different than the one submitted in response 

to subsection (f)(1).

4) The nature of the processing by the registrant; and

5) The applicable fee set forth in Section 1200.80.

6) An acknowledgement and consent to the Department collecting, maintaining, 

and providing to USDA contact and real-time information for each hemp 

producer licensed or authorized in the state

g) Any applicant who materially falsifies information in their application shall be 

ineligible to receive a license or registration

h) Nothing in this Part is intended to confer a property or other right, duty, privilege 

or interest entitling an applicant to an administrative hearing upon denial of an 

application. Applicants may appeal the denial of an application for licensure by 

submitting a Petition to the Director as proscribed in 8 Ill. Adm. Code Part 1, 

Subpart C, within 30 calendar days of receiving notice of the denial.

Section 1200.40 Reports

a) At least 30 calendar days prior to harvest, to the best of the licensee's ability, each 

licensee shall file a Harvest Report, on a form provided by the Department, that 

includes:
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1) The expected harvest dates and locations of each variety of industrial hemp 

cultivated by the licensee.

2) The licensee shall notify the Department if the harvest dates change in excess 

of 5 calendar days.

b) No later than February 1 of each year, each licensee shall submit an Industrial 

Hemp Cultivator Final Report to the Department that includes:

1) Total acres or square feet of industrial hemp planted in the previous calendar 

year;

2) A description of each variety planted and harvested in the previous calendar 

year;

3) Total acres or square feet harvested in the previous calendar year; and

4) Total yield in the appropriate measurement, such as tonnage, seeds per acre, 

or other measurement approved by the Department.

c) The Department will provide harvest data and the information in b) above to 

USDA within 30 calendar days of its receipt

d) Acreage Reports to Farm Service Agency. Licensees shall report hemp planting 

acreage to the United States Department of Agriculture Farm Service Agency. 

This reporting shall be done within 30 calendar days after the completion of 

planting of an outdoor crop site, or within 30 calendar days after the first planting 

of hemp in the calendar year in an indoor cultivation site. At a minimum, the 

following information shall be reported:

1) Street address for each crop site

2) Geospatial location for each crop site

3) Acreage of each crop site

4) Licensee identifying information, including licensee name and number

Section 1200.50 Inspection, Sampling, and Testing

a) All licensees shall be subject to inspections at the discretion of the Department to 

ensure compliance with the Act.

1) This includes, but is not limited to: annual inspections, random inspections, 

and inspections for the purposes of auditing
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b) The Department shall provide a minimum of 5 business days' notice to the 

licensee for an annual inspection. The notification shall inform the licensee of the 

scope and process by which the annual inspection will be conducted.

c) Failure to comply with any inspection shall result in the initiation of disciplinary 

proceedings pursuant to Section 1200.120.

d) Either the licensee or an agent of the licensee shall be present for the inspection 

and sampling and shall provide the inspector with unrestricted access to all 

industrial hemp plants, parts, seeds, and harvested material, including all 

buildings and other structures used for the cultivation and storage of industrial 

hemp and all documents pertaining to the licensee's industrial hemp cultivation

and business. 

e) All industrial hemp plants are subject to sampling and testing to verify that the 

total THC concentration does not exceed 0.3% on a dry weight basis.

1) Individual or composite samples, as appropriate based on lot size and pursuant 

to published USDA guidance, of each variety of cannabis shall be sampled 

from the licensee's land area, including indoor cultivation sites, at the 

Department's discretion.

2) A representative sample will be taken by a sampling agent, Department 

personnel, approved laboratory personnel, or a third party designated by 

Department to collect samples

f) Sampling Procedures shall comply with all Rules in this Part, in addition to the

specifications below.

1) The sampling agent shall verify the GPS coordinates of the growing area as 

compared with the GPS coordinates submitted by the licensee to the 

Department.

A. The licensee or designated employee should accompany the sampling 

agent throughout the sampling process, if possible.

B. The sampling agent shall estimate the average height, appearance, 

approximate density, condition of the plants, and degree of maturity of 

the inflorescences (flowers/buds). The sampling agent shall visually 

establish the homogeneity of the stand to establish that the growing 

area is of like variety.

2) Within 30 calendar days prior to the anticipated harvest of a designated hemp 

lot, an approved sampling agent, shall collect representative samples from 

such cannabis plants for THC concentration level testing. Hemp producers 
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may not harvest hemp prior to the hemp being sampled for THC 

concentration.

3) All samples shall be collected from the flowering tops of the plant by cutting 

the top five to eight inches from the “main stem” (that includes the leaves and 

flowers), “terminal bud” (that occurs at the end of a stem), ”or “central cola” 

(cut stem that could develop into a bud) of the flowering top of the plant.

A. The selection of plants for testing will be at the collector’s discretion, 

with guidance from Department. 

B. The number of plants sampled will be determined by the collector 

based on USDA published guidance.

4) The sample collector will take a representative sample of the crop site, using

USDA published guidance and industry best practices to ensure a 

homogenous composition of the sample.

A. A sample will be taken from every lot.

5) Samples shall be collected and maintained in such a way that there is no 

comingling of samples or sample material.

6) The sample collector shall report to Department and law enforcement any 

cannabis plants observed outside of the crop site boundaries. Department may 

elect to contact law enforcement on behalf of the sample collector, or for the 

sample collector to contact law enforcement directly.

7) The sample collector will not collect a sample if the collector: is not allowed 

complete, unrestricted access to the site; and/or reasonably believes the 

licensee has commenced harvest prior to sample collection.

A. Failure to obtain a sample because of this will be viewed by 

Department as non-cooperation of the licensee and could result in 

discipline or other restrictions as deemed necessary and appropriate by 

Department.

g) The sampled material shall be tested by an approved laboratory.

1) Quantitative laboratory determination of the total THC concentration on a dry 

weight basis will be performed.

2) A sample test result with a total THC concentration on a dry weight basis that 

exceeds 0.3% but is less than 0.7% may be retested at the expense of the 

licensee. A request for a retest by the licensee shall be received by the 
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Department within 3 business days after initial receipt of the original test 

results by the licensee.

3) All harvested industrial hemp receiving a sample test result with a total THC 

concentration on a dry weight basis that exceeds 0.3% and is not retested at 

the request of the licensee shall be disposed of unless the licensee chooses to 

remediate.

4) All harvested industrial hemp receiving both a sample test result and a sample 

retest result with total THC concentrations on a dry weight basis that exceeds 

0.3% shall be disposed of unless the licensee chooses to remediate.

5) All harvested industrial hemp receiving a sample test result with a total THC 

concentration on a dry weight basis that equals or exceeds 0.7% shall be 

disposed of unless the licensee chooses to remediate.

6) Any sampled material not meeting the definition of hemp will be reported to 

the Department. Such report will include the disposal records and any other 

information deemed pertinent.

7) All harvested industrial hemp awaiting test results shall be stored by the 

licensee or processor and shall not be processed or transported until test 

results are obtained and the industrial hemp is released by the Department.

8) Testing of industrial hemp will be completed by the Department or by a thirdparty laboratory approved by the Department pursuant to this Part.

9) Actual cost of testing shall be paid by the licensee.

h) Standard Remediation Procedures and Guidelines

1) Procedures for Non-compliant Hemp Plants

A. Non-compliant hemp plants may only be disposed of or remediated. 

Only successfully remediated crops will be allowed to enter the stream 

of commerce. All other non-compliant crops shall be disposed. 

Disposal must take place using one of the methods in the definition in 

these Rules. Remediation may take place using one of the two options 

in B and C below.

B. Non-compliant hemp plants may be remediated by separating and 

destroying non-compliant flowers, while retaining stalks, leaves, and 

seeds.

C. Non-compliant hemp plants may be remediated by shredding the entire 

hemp plant to create “biomass” as defined in the definitions of these 
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rules. Lots should be kept separate and not be combined during this 

process.

2) Remediation Guidelines

A. The licensee or designated employee, or an approved representative of 

the Department, as the Department deems appropriate, shall remediate 

or dispose of non-compliant hemp. The Department plan may require 

that a representative of the Department be present during the 

remediation or disposal process.

B. Upon notification that a lot has tested above the acceptable hemp THC 

level, the licensee should notify the Department of the licensee’s 

decision to either dispose of or remediate the non-compliant lot and 

the method of disposal or remediation the licensee will use.

C. All lots subject to remediation should be stored, labeled and kept apart 

from each other and from other compliant hemp lots stored or held 

nearby.

3) Separation and removal of the flowers from the stalks, leaves and seeds

A. The flowers, including buds, trichomes, “trim,” and “kief,” should be 

removed from the lot and destroyed. Methods may include, but are not 

limited to, the removal, by hand, of non-compliant flowers and floral 

materials and the mechanical removal of non-compliant flowers and 

floral materials.

B. Until such time as the non-compliant flowers and floral material are 

disposed of, the stalks, leaves, and seeds should be separated from the 

non-compliant floral material and clearly labeled and marked as as 

“hemp for remediation purposes.”

C. Seeds removed from non-compliant hemp during remediation should 

not be used for propagative purposes.

4) Creation of Biomass

A. The entire lot, as reported to the Department, should be shredded to 

create a homogenous, uniform biomass.

B. The biomass created through this process shall be resampled and 

retested to ensure compliance before entering the stream of commerce. 

Biomass that fails the retesting is non-compliant hemp and shall be 

disposed of.
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C. Remediated biomass should be separated from any compliant hemp 

stored in the area and clearly labeled as “hemp for remediation 

purposes.” Remediated biomass should not leave the labeled area until 

a test result showing compliance with the acceptable hemp THC level 

is received or the biomass is ready to be disposed of.

5) Re-sampling Remediated Biomass or Remediated Stalks, Leaves and Seeds

A. Remediated biomass or remediated stalks, leaves, and seeds shall be 

resampled and retested to ensure compliance before entering the 

stream of commerce. Remediated biomass or remediated stalks, 

leaves, and seeds that fail the retesting shall be destroyed.

B. The resample must be taken by sampling agent as described in USDA 

published guidance.

C. When taking the resample, the sampling agent should take remediated 

biomass or remediated stalks, leaves and seeds material from various 

depths, locations, and containers in the labeled and demarcated area to 

collect a representative sample of the material. At minimum, ~750 mL 

or three (3) standard measuring cups of remediated biomass or 

remediated stalks, leaves and seeds material should be collected. 

Sampling agents may collect more remediated biomass or remediated 

stalks, leaves and seeds material based on the requirements of the 

testing laboratory. If ~750 mL of material is not available, the 

sampling agent should collect enough remediated biomass or 

remediated stalks, leaves and seeds material for a representative 

sample.

D. An original copy of the resample test results, or a legible copy, must

be retained by the producer or an authorized representative and 

available for inspection for a period of three (3) years from the date of 

receipt.

E. Laboratories testing a resample shall utilize the same testing protocols 

as when testing a standard sample.

Section 1200.55 Academic Research Institutions

a) Academic Research Institutions shall be subject to all provisions of this Part with the 

exception of the following:

1) License Fees. The fee for a license and for renewal of that license will be 

$100. 
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2) Laboratory testing. An Academic Research Institution is exempt from state or 

DEA required testing under Section 1200.50. Testing shall be conducted by a 

designated laboratory that is under the control of the Academic Research 

Institution or has a written agreement with another Academic Research 

Institution. 

3) Reporting. An Academic Research Institution shall provide the following 

reports, which shall be confidential to the extent that they reveal or release 

research conducted, unless the Academic Research Institution provides 

authorization for release:

A. Within 72 hours of the Institution receiving test results, the following 

data shall be provided to the Department:

i. the test results;

ii. photos of samples;

iii. documentation of sampling chain of custody.

B. No later than February 1 of each year, each academic research 

institution shall submit an Industrial Hemp Academic Institution 

Research Report to the Department that includes:

i. Total acres or square feet of industrial hemp planted in the 

previous calendar year;

ii. A description of each variety planted and harvested in the 

previous calendar year;

iii. Total acres or square feet harvested in the previous calendar 

year; and

iv. Total yield in the appropriate measurement, such as tonnage, 

seeds per acre, or other measurement approved by the 

Department.

v. A disposal report for each lot or field harvested at the 

conclusion of the academic research.

vi. A description of their research and research findings.

C. Acreage Reports to Farm Service Agency. Academic Research 

Institutions shall report hemp planting acreage to the United States 

Department of Agriculture Farm Service Agency as described in 
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1200.40(d), with the exception that this report does not have to broken 

down by lot.

4) Commerce and Disposal. Hemp grown for research purposes may not enter 

the stream of commerce at any time. Hemp grown for research purposes must 

be disposed of in accordance with these Rules at the conclusion of the 

research period. 

5) Sampling. Academic Research Institutions shall be exempt from the 

Inspection and Sampling provisions in 1200.50. Academic Research 

Institution sampling procedures shall include the following.

A. Academic Research Institutions shall notify the Department at least 7 

business days prior to collection of samples. The notification shall 

include the name of the individual designated as the academic 

sampling agent and the GPS coordinates for the samples to be taken.

B. Academic Research Institutions shall identify and designate a 

Sampling Agent. For Academic Research Institutions only, a Sampling 

Agent may be an employee. 

C. The academic sampling agent shall verify the GPS coordinates of the 

growing area as compared with the GPS coordinates submitted by the 

licensee to Department.

D. The sampling agent shall estimate the average height, appearance, 

approximate density, condition of the plants, and degree of maturity of 

the inflorescences (flowers/buds). The sampling agent shall visually 

establish the homogeneity of the stand to establish that the growing 

area is of like variety.

E. All samples shall be collected from the flowering tops of the plant by 

cutting the top five to eight inches from the “main stem” (that includes 

the leaves and flowers), “terminal bud” (that occurs at the end of a 

stem), ”or “central cola” (cut stem that could develop into a bud) of the 

flowering top of the plant.

F. Samples shall be collected and maintained in such a way that there is no 

commingling of samples or sample material.

6) At the request of the Institution, and with Department’s written permission, an 

Institution may opt for Performance Based Sampling Protocols instead of the 

provisions outlined in 1200.55(a)(5) above. 

A. Consideration for Performance Based Sampling Protocols will include:
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i. Whether the institution can provide proof of a seed certification 

process or process that identifies varieties that have 

consistently demonstrated to result in compliant hemp plants;

ii. The Institution’s history of producing compliant hemp plants 

over an extended period of time;

iii. The Institution’s Plan to ensure, at a confidence level of 95%, 

that no more than 1% of the plants in each will exceed the 

acceptable total THC level

B. Performance Based Sampling Protocol will be subject to the following 

terms and conditions:

i. When samples are collected, the sampling procedure must 

follow the provisions of 1200.55(a)(5)(D) and (E).

ii. The Department reserves the right to sample and test, or order 

the sampling and testing, of any hemp lot at any time to ensure 

compliance with the acceptable hemp total THC level.

iii. Violations of performance-based methods will result in 

Academic Research Institutions no longer being exempt from 

the Sampling Procedures outlined in 1200.55(a)(5), and may 

result in administrative penalties as outlined in Section 

1200.130.

Section 1200.60 Laboratory Approval

a) No laboratory shall handle, test, or analyze hemp unless approved by the

Department in accordance with this Section. A list of approved laboratories will 

be made available by the Department on its website.

b) No laboratory shall be approved to handle, test, or analyze cannabis unless the 

laboratory:

1) Is accredited to the ISO/IEX 17025 standard by a private non-profit laboratory 

accrediting organization, or can demonstrate that it has a current working 

relationship with an accrediting organization and receives final accreditation 

within one year of applying to be an approved laboratory with the 

Department.

2) Is independent from all other persons involved in the hemp industry in 

Illinois, which shall mean that no person with a direct or indirect interest in 
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the laboratory shall have a direct or indirect financial, management, or other 

interest in a cultivation license or processor registration;

3) Has employed at least one person to oversee and be responsible for the 

laboratory testing who has earned, from a college or university accredited by a 

national or regional certifying authority, at least:

A) a master's level degree in chemical or biological sciences and a 

minimum of 2 years post-degree laboratory experience; or

B) a bachelor's degree in biological sciences and a minimum of 4 years 

post-degree laboratory experience.

4) Is registered with the United States Drug Enforcement Agency by December 

31, 2022

c) Each independent testing laboratory that claims to be accredited shall provide the 

Department with a copy of the most recent annual inspection report granting 

accreditation and every annual report thereafter.

Section 1200.70 Testing Requirements

a) Industrial hemp sampled for testing may be transported to the approved laboratory 

by the Director, or one of his or her designees, or by approved laboratory 

personnel.

1) An appropriate chain of custody must be maintained at all times.

2) The sampling agent, transporter, and laboratory are each responsible for their 

own portion of the chain of custody and sharing such with the other parties as 

necessary.

b) Testing laboratories shall test industrial hemp using post-decarboxylation, or 

other similarly reliable methods approved by the USDA, to detect total THC

concentration levels of the sampled hemp.

1) This may include, but is not limited to: chromatographic technique using heat, 

gas chromatography, through which THCA is converted from acid to its 

neutral THC form; or a high-performance liquid chromatograph technique, 

which keeps THCA intact and requires a conversion calculation to get the 

THC value.

c) When a laboratory tests a hemp sample, the laboratory shall report the total THC

tetrahydrocannabinol content concentration level on a dry weight basis and the 

measurement of uncertainty.
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1) The measure of uncertainty shall be estimated and reported with test 

results.

d) Prior to testing, laboratory personnel must ensure that hemp samples are dried, 

and the stem and seed separated from floral material.

1) The stem and seed shall be discarded.

2) The floral material shall be ground.

3) The ground floral material shall be tested for THC content.

e) Treatment of Samples Post-Testing

1) Samples shall be stored by the laboratory for a minimum of six months 

following testing.

A. Samples shall be stored in a manner that preserves the quality and 

content of the sample material.

B. Samples may be stored at a location other than the laboratory at the 

Department’s discretion.

2) Licensees may request re-testing of any remaining, un-tested, parts of a 

sample, but will bear sole cost of any re-test.

3) The laboratory shall notify the Department, in writing, at least 10 business 

days prior to the disposal of any sample. 

f) Reporting of Test Results

1) All laboratories authorized by the Department to test hemp shall also comply 

with USDA hemp reporting requirements.

2) The Department will take reasonable steps to notify laboratories of specific 

test reporting requirements, but ultimate responsibility for compliance with 

USDA reporting lies with the laboratory.

3) Laboratories shall report final, official THC level, test documentation to 

USDA.

A. Laboratories are not required to report test results requested by the 

grower throughout the season.
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4) Laboratories shall provide growers with copies of test results. The original test 

documentation shall be retained by the laboratory or provided to USDA, as 

appropriate.

Section 1200.80 Fees

An applicant or licensee shall submit the following nonrefundable fees with each license 

application submitted, in the form of a certified check or money order payable to the "Illinois 

Department of Agriculture", or by such other means as approved by the Department.

a) The application fee for an Industrial Hemp Cultivation License shall be $100 for 

each noncontiguous land area and each indoor cultivation operation area.

b) Upon approval of an application, the license fee for each noncontiguous land area 

and each indoor cultivation operation shall be $1000 for a 3 year license; $700 for 

a 2 year license; and $375 for a 1 year license.

c) The application fee for a processor registration shall be $100 for each address 

operated by the processor.

d) Upon approval of an application for registration, the registration fee for each 

registered address operated by a processor shall be $1000 for a 3 year registration; 

$700 for a 2 year registration; and $375 for a 1 year registration.

e) This section shall not apply to academic research institutions. Qualifying 

academic research institutions shall pay a flat annual fee of $100 for a license and 

license renewal.

Section 1200.90 Restrictions on Sale and Transfer

a) A licensed person shall not sell or transfer, or permit the sale or transfer of, living 

plants or viable seeds to any person in the State of Illinois who does not hold a 

license or registration issued by the Department.

b) A licensed person shall not sell or transfer, or permit the sale or transfer of, living 

plants or viable seeds outside the State of Illinois that is not authorized by a state 

agency under the laws of the destination state.

c) The Department shall permit the sale or transfer of stripped stalks, fiber, dried 

roots, nonviable seeds, seed oils, floral and plant extracts (excluding THC in 

excess of 0.3%) and other marketable hemp products to members of the general 

public, both within and outside the State of Illinois.
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Section 1200.100 Other Prohibited Activities

a) A licensed person shall not plant or grow hemp on any site not listed in the 

application.

b) A licensed person shall not ship or transport, or allow to be shipped or 

transported, live hemp plants, cuttings for planting, or viable seeds from a variety 

that is currently designated by the Department as a prohibited variety or a variety 

of concern to any location outside the State of Illinois.

c) A licensed person shall not ship or transport, or allow to be shipped or 

transported, any hemp product with a total THC concentration in excess of 0.3%.

Section 1200.110 Transportation of Industrial Hemp

a) Only a licensed or registered person who is licensed or registered with the USDA 

or licensed or registered under a USDA approved State or Tribal hemp plan, or an 

agent thereof, may transport live or harvested industrial hemp.

b) Industrial hemp that has not been processed may be transferred by the licensee or 

registrant from the place of cultivation to the place of processing at any time.

c) Approved laboratory personnel may transport hemp samples for testing to 

laboratories for testing purposes.

d) There is no State restriction on the transportation of industrial hemp products

following retail sale to a member of the public.

Section 1200.120 Violations

a) A licensee or registrant shall be subject to subsection (b) if the Department 

determines that the licensee or registrant has negligently violated the Act or this 

Part, including by negligently:

1) Failing to provide a legal description of land on which the licensee 

produces hemp.

2) Failing to obtain a license or other required authorization from the 

Department; or

3) Producing cannabis with a total THC concentration exceeding the 

acceptable hemp THC level. Licensees do not commit a negligent 

violation under this paragraph (b)(3) if they make reasonable efforts to 
23

grow hemp and the cannabis does not have a total THC concentration of 

more than 1.0 percent on a dry weight basis.

b) A licensee or registrant described in subsection (a) shall comply with a plan 

established by the Department to correct the negligent violation, including :

1) a reasonable date by which the licensee or registrant shall correct the 

negligent violation; and

2) A requirement that the licensee or registrant shall periodically report to the 

Department on the compliance of the licensee or registrant for a period of 

not less than 2 calendar years; and

3) Announced or unannounced inspections by Department of licensee or 

registrant to confirm compliance with the corrective action plan.

c) A licensee or registrant that negligently violates the Act or this Part (see 

subsection (a)) shall not, as a result of that violation, be subject to any criminal 

enforcement action by any federal, State or local government.

d) A licensee or registrant that negligently violates subsection (a) 3 times in a 5-year 

period shall be ineligible to produce hemp for a period of 5 years beginning on the 

date of the third violation.

e) If the Department determines that a licensee or registrant has violated the Act or 

this Part with a culpable mental state greater than negligence, the Department 

shall immediately report the licensee or registrant to:

1) The Attorney General of the United States;

2) The Attorney General of Illinois; and

3) The Illinois State Police.

f) The Department may, on its own initiative, or after receipt of a complaint against 

a licensee or registrant, conduct an investigation to determine whether a violation 

has taken place.

g) A licensee or registrant that wants to contest the Department’s determination of a 

violation must do so by submitting a request for an administrative hearing to the 

Bureau of Licensing and Administration within 30 calendar days of receiving 

notice of the violation.

Section 1200.130 Administrative Penalties
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a) Any hearing conducted by the Department pursuant to the Act shall be conducted 

in accordance with the Department's rules applicable to formal administrative 

proceedings (8 Ill. Adm. Code 1. Subparts A and B). All such hearings shall be 

held in Springfield IL or such other location as mutually agreed to by the 

Department and the other party.

b) Notwithstanding any other criminal penalties related to the unlawful possession 

of cannabis, the Department may revoke, suspend, place on probation or 

supervision, reprimand, issue cease and desist orders, refuse to issue or renew a 

license or registration, or take any other disciplinary or no disciplinary action as 

the Department may deem proper with regard to a licensed or registered entity or 

person.

c) The Department may impose fines, not to exceed $10,000 for each violation, for 

any violations of the Act or this Part.