New hemp bills introduced on heels of lame-duck session battle
A contentious battle between Gov. JB Pritzker and Chicago Mayor Brandon Johnson over intoxicating-hemp regulation left two competing hemp bills, House Bill 4293 and House Bill 5903, without a vote during the lame-duck session at the Capital earlier this week. But the battle over hemp regulations is not over. Two new hemp regulation bills were introduced today.
Rep. Sonya M. Harper today introduced for the next legislative session House Bill 0064, and Rep. La Shawn K. Ford introduced the first bill of the new 104th General Assembly, House Bill 0001. HB0064 incorporates identical wording and provisions as HB5903. HB0064 includes provisions regarding regulations, licensing, and testing hemp but would regulate hemp without altering the legal definition of hemp set forth in the Agriculture Improvement Act of 2018 (2018 Farm Bill). HB0064 is backed by hemp stakeholders and farmers, such as the Illinois Hemp Growers Association, and will be part of the battle over intoxicating-hemp regulations during the 104th General Assembly. HB0064 provides that a food, food ingredient, dietary supplement, cosmetic, or other consumer product shall not be considered adulterated solely because it contains hemp, hemp-derived cannabinoids, including, but not limited to, Delta-9 tetrahydrocannabinol (THC), Delta-8 THC, tetrahydrocannabinolic acid (THCa), or any hemp product, provided that the hemp used in the product complies with the definition of “hemp” as specified in federal law. The provisions conform to the Act to federal regulations under the Domestic Hemp Production Program, including (i) definitions, (ii) requirements for the application for a license to cultivate hemp, and (iii) rulemaking requirements for the Department of Agriculture.
Along with age restrictions and labeling regulations, the bill also provides that the Department of Agriculture shall adopt rules for the distribution and retail sale of hemp products under conditions in specified provisions of the Act and provides that hemp products that contain cannabinoids, that are intended for human consumption, and that are designated for retail sale within Illinois (i) must meet specified requirements, including federal requirements and rules adopted by the Department of Public Health, and (ii) must be distributed or sold in a container that includes specified information.
HB0001 focuses on age restriction and other regulations. The new bill:
- Creates the Prevention of Use of Hemp Cannabinoid Products Intended for Human Consumption by Ingestion or Inhalation by Persons Under 21 Years of Age Act.
- Permits the sale and possession of hemp cannabinoids by persons 21 years of age or over.
- Provides that no person shall offer or sell hemp cannabinoid products to consumers in the State unless the person applies for and holds a hemp retailer license issued by the Department of Financial and Professional Regulation.
- Provides that no person shall sell ready-to-eat hemp products to end consumers without holding a hemp food establishment license issued by the Department of Public Health.
- Provides that a hemp food establishment that sells ready-to-eat cannabinoid products shall be exclusively licensed and located in the State.
- Provides that hemp food establishments and hemp retailers shall require proof of age from a purchaser of any cannabinoid products before selling the product to that person.
- Provides that the Department of Financial and Professional Regulation shall administer and enforce the provisions of the Act relating to licensing and oversight of hemp distributors and hemp retailers unless otherwise provided in the Act.
- Establishes standards for the issuance of licenses under the Act.
- Provides for criminal and civil penalties for violation of the Act.
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