On the heels of the Illinois Department of Agriculture (IDOA) announcing a Second Notice for proposed amendments involving provisions to the Illinois Industrial Hemp Act that would regulate and redefine how THC and THCA levels are measured (essentially banning hemp and hemp products in Illinois), Rep. Sonya M. Harper introduced an alternative hemp regulation reform bill, House Bill 5903, that also would regulate hemp but without altering the legal definition of hemp set forth in the  Agriculture Improvement Act of 2018 (2018 Farm Bill).

The 2018 Farm Bill defines hemp to mean, “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 delta- 9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.” Because delta-9-tetrahydrocannabinolic acid (THCA) does not convert into THC until combustion, delta-9 THC levels beneath the federal limit of 0.3 percent have been interpreted by the Drug Enforcement Administration (DEA) as federally legal hemp. This legal interpretation has led to the creation of unlicensed THCA flower and gummies sold in stores and online.

“The Illinois Hemp Growers Association (IHGA) supports HB5903, a grassroots effort for a more sustainable and inclusive agricultural future in Illinois,” said IHGA Founder and CEO, Rachel Berry. “We’ve worked closely with Rep. Sonya Harper whose deep commitment to community AG and local food aligns with expanding opportunities for a truly equitable cannabis industry. HB5309 will empower urban farmers, support small businesses, protect public safety, and position Illinois as a national leader.”

Provisions in the Illinois Industrial Hemp Act set forth by IDOA, which (in general) have been backed by regulated cannabis-industry stakeholders, would redefine the threshold for delta-9 THC by combing THC and THCa, stating, “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 within the measurement of uncertainty. 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 Illinois Hemp Business Association’s official comments about IDOA’s new rulemakings and regulations can be found here.

Though HB5903 and IDOA’s amendments to Illinois Industrial Hemp Act include some similar provisions regarding regulations, licensing, and testing, the competing definitions of hemp, THC levels, and cannabinoids have been the main point of divergence. Cannabis industry lawyer Thomas Howard, who represents stakeholders in the regulated cannabis industry, opposes HB5903.

“It (HB5903) would bankrupt the licensed operators and tank the industry and its policy goals of rebuilding DIAs,” Howard said. “Make dispensaries particularly worthless. Say that Delta-8 is safe despite never being used by humans until 2021 and no safety data exists on it. Make the grow licenses worthless because it codifies THCA flower. And could be completely worthless as a law if the new republican administration closes the hemp loophole as republican-led committees have already proposed. And now they don’t even need to convince the democrats in the senate. So I’d call it hot garbage motivated by hemp peddlers that want to sell weed without a license.”

IHGA is set to host a Hemp Town Hall in which attendees can engage with the hemp community and lawmakers and learn more about a new Illinois hemp bill. The Hemp Town Hall is scheduled for 6-8 p.m. Friday, Nov. 8 at The Plant Chicago, located at 1400 W. 46th St. in Chicago. The Hemp Town Hall will be in the Packingtown Museum on the second floor. Illinois veto session officially starts Nov. 12. For more Illinois cannabis industry news, subscribe to Illinois News Joint’s newsletter here.

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