2023 Illinois Compiled Statutes › Chapter 505 - AGRICULTURE › 505 ILCS 89/ - Industrial Hemp Act.

(505 ILCS 89/1)
Sec. 1. Short title. This Act may be cited as the Industrial Hemp Act.
(Source: P.A. 100-1091, eff. 8-26-18.)
(505 ILCS 89/5)
Sec. 5. Definitions. In this Act:
"Department" means the Department of Agriculture.
"Director" means the Director of Agriculture.
"Hemp" or "industrial hemp" means the plant Cannabis sativa L. and any part of that plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis and includes any intermediate or finished product made or derived from industrial hemp.
"Hemp production plan" means a plan submitted by the Department to the Secretary of the United States Department of Agriculture pursuant to the federal Agriculture Improvement Act of 2018, Public Law 115-334, and consistent with the Domestic Hemp Production Program pursuant to 7 CFR Part 990 wherein the Department establishes its desire to have primary regulatory authority over the production of hemp.
"Land area" means a farm as defined in Section 1-60 of the Property Tax Code in this State or land or facilities under the control of an institution of higher education.
"Person" means any individual, partnership, firm, corporation, company, society, association, the State or any department, agency, or subdivision thereof, or any other entity.
"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.
"THC" means delta-9 tetrahydrocannabinol.
(Source: P.A. 102-690, eff. 12-17-21.)
(505 ILCS 89/10)
Sec. 10. Licenses and registration.
(a) No person shall cultivate industrial hemp in this State without a license issued by the Department.
(b) The application for a license shall include:
(1) the name and address of the applicant;
(2) the legal description of the land area, including     Global Positioning System coordinates, to be used to cultivate industrial hemp; and
(3) if federal law requires a research purpose for     the cultivation of industrial hemp, a description of one or more research purposes planned for the cultivation of industrial hemp which  may include the study of the growth, cultivation, or marketing of industrial hemp; however, the research purpose requirement shall not be construed to limit the commercial sale of industrial hemp.
(b-5) A person shall not process industrial hemp in this State without registering with the Department on a form prescribed by the Department.
(c) The Department may determine, by rule, the duration of a license or registration; application, registration, and license fees; and the requirements for license or registration renewal.
(Source: P.A. 102-690, eff. 12-17-21.)
(505 ILCS 89/15)
Sec. 15. Rules.
(a) The Department shall submit to the Secretary of the United States Department of Agriculture a hemp production plan under which the Department monitors and regulates the production of industrial hemp in this State. The Department shall adopt rules incorporating the hemp production plan, including application and licensing requirements.
(b) The rules set by the Department shall include one
yearly inspection of a licensed industrial hemp cultivation operation and allow for additional unannounced inspections of a
licensed industrial hemp cultivation operation at the Department's discretion.
(c) The Department shall adopt rules necessary for the administration and enforcement of this Act in accordance with all applicable State and federal laws and regulations, including rules concerning standards and criteria for licensure and registration, for the payment of applicable fees, signage, and for forms required for the administration of this Act.
(d) The Department shall adopt rules for the testing  of the industrial hemp  THC levels and the disposal of plant matter exceeding lawful THC levels, including an option for a cultivator to retest for a minor violation, with the retest threshold determined by the Department and set in rule. Those rules may provide for the use of seed certified to meet the THC levels mandated by this Act as an alternative to testing.
(Source: P.A. 102-690, eff. 12-17-21.)
(505 ILCS 89/17)
Sec. 17. Administrative hearings. Administrative hearings involving licensees under this Act shall be conducted under the Department's rules governing formal administrative proceedings.
(Source: P.A. 100-1091, eff. 8-26-18.)
(505 ILCS 89/18)
Sec. 18. Industrial Hemp Regulatory Fund. There is created in the State treasury a special fund to be known as the Industrial Hemp Regulatory Fund.  All fees and fines collected by the Department under this Act shall be deposited into the Fund.  Moneys in the Fund shall be utilized by the Department for the purposes of implementation, administration, and enforcement of this Act.
(Source: P.A. 100-1091, eff. 8-26-18.)
(505 ILCS 89/19)
Sec. 19. Immunity. 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.  Representation and indemnification of Department employees shall be provided to Department employees as set forth in Section 2 of the State Employee Indemnification Act.
(Source: P.A. 100-1091, eff. 8-26-18.)
(505 ILCS 89/20)
Sec. 20. Hemp products. Nothing in this Act shall alter the legality of hemp or hemp products that are presently legal to possess or own.
(Source: P.A. 100-1091, eff. 8-26-18.)
(505 ILCS 89/25)
Sec. 25. Violation of federal law. Nothing in this Act shall be construed to authorize any person to violate federal rules, regulations, or laws. 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.
(Source: P.A. 100-1091, eff. 8-26-18.)
(505 ILCS 89/895)
Sec. 895. (Amendatory provisions; text omitted).
(Source: P.A. 100-1091, eff. 8-26-18; text omitted.)
(505 ILCS 89/900)
Sec. 900. (Amendatory provisions; text omitted).
(Source: P.A. 100-1091, eff. 8-26-18; text omitted.)
(505 ILCS 89/905)
Sec. 905. (Amendatory provisions; text omitted).
(Source: P.A. 100-1091, eff. 8-26-18; text omitted.)
(505 ILCS 89/999)
Sec. 999. Effective date. This Act takes effect upon becoming law.
(Source: P.A. 100-1091, eff. 8-26-18.)