New hemp bills in conflict with IDOA proposed amendments
Two identical hemp regulation bills were introduced in the Illinois State legislature this week. House Bill 5306 and Senate Bill 3790, with identical wording, add a plethora of regulatory provisions to the Illinois Industrial Hemp Act and other Acts. One key provision addresses the definition of “THC” and the total concentration level limits of 0.3% or less.
The key definition in HB5306 and SB3790 states, “‘THC’ means delta-9 tetrahydrocannabinol. The definition THC does not include CBD, CBG, CBN, delta-7 THC, delta-8, THC, delta-10 THC, THCa, THCv, THCva, and other yet to be discovered cannabinoids.” HB5306 and SB3790 are in direct conflict with proposed amendments the Illinois Department of Agriculture released in December 2023, which included administrative rules that would add THCa and delta-9 THC to the total concentration level limits of 0.3%.
Other HB5306 and SB3790 provisions include licenses and registration of cultivating industrial hemp, rules, administrative hearings and judicial review, loans and grants, immunity, age verification, packaging and labeling of hemp cannabinoid products, laboratory approvals, testing requirements, violations of State and federal law, licensing and regulation of hemp processors and hemp food establishments, academic research institutions, government demonstration and research entity, and cannabinoid retail tax.
Each bill also includes several new rules and regulations for a cottage hemp food operator, which is defined as, “an individual who produces food or drink, other than foods and drinks listed as prohibited by Section 4 of the Food Handling Regulation Enforcement Act, that incorporate intermediate hemp products.” The new provisions also state, “Hemp retailing organizations that obtain a hemp food establishment license may prepare and sell ready-to-eat hemp-cannabinoid products,” and that “Hemp retailing organizations that maintain a hemp food establishment license may host cottage hemp food operators on the licensed home food establishment premises for special events lasting no longer than 3 days.”
Rep. La Shawn K. Ford introduced HB5306, and Sen. Lakesia Collins introduced SB3790, both on Feb. 9. HB5306 was referred to the Rules Committee, and SB3790 was referred to Assignments. For more Illinois cannabis industry news, visit here.
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