HB0064 HEMP REGULATION REFORM | Illinois Bill

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HEMP REGULATION REFORM

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB0064

Introduced 1/9/2025, by Rep. Sonya M. Harper

SYNOPSIS AS INTRODUCED:

410 ILCS 620/21

from Ch. 56 1/2, par. 521
505 ILCS 89/5
505 ILCS 89/10
505 ILCS 89/15
505 ILCS 89/20

Amends the Illinois Food, Drug and Cosmetic Act. Provides that,
notwithstanding any other provision of law, 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. Amends the Industrial
Hemp Act. Conforms several provisions in 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. 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. 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. Provides that hemp products that are intended for inhalation
or ingestion and contain detectable amounts of hemp cannabinoids may not
be sold in this State to a person who is under 21 years of age. Provides
that hemp products distributed or sold in violation of specified
provisions in the Act shall be considered adulterated or misbranded
pursuant to the Illinois Food, Drug and Cosmetic Act and all other
applicable State laws. Defines terms. Makes technical changes.
LRB104 03035 BDA 13053 b

A BILL FOR

HB0064
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1

AN ACT concerning hemp.

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

Section 5.
The Illinois Food, Drug and Cosmetic Act is
5
amended by changing Section 21 as follows:

(410 ILCS 620/21)

(from Ch. 56 1/2, par. 521)
7

Sec. 21.
Rulemaking; enforcement; federal regulations.

(a) The authority to
adopt rules

promulgate regulations

9
for the efficient enforcement of this Act is vested in the
10
Director. The Director is authorized to make the
rules adopted

11
regulations promulgated
under this Act conform, in so far as
12
practicable, with those promulgated under the Federal Act.
13

(b) Hearings authorized or required by this Act shall be
14
conducted by the Director or an officer, agent
,
or employee
15
designated by
the Director

him
.
16

thereof

18
adopted under authority of the Federal Food, Drug and Cosmetic
19
Act are the pesticide chemical regulations in this State,
20
except insofar as modified or rejected by
rules

regulations

21
for finished foods
adopted

promulgated
by the Director.
22

(d) All food additive regulations and supplements
thereto

23
or revisions
to those regulations that are

thereof
adopted

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1
under authority of the Federal Food, Drug and Cosmetic Act are
2
the food additive regulations in this State, except insofar as
3
modified or rejected by
rules adopted

regulations promulgated

4
by the Director.
5

(e) All color additive regulations and supplements
thereto

6
or revisions
to those regulations that are

thereof
adopted
7
under authority of the Federal Food, Drug and Cosmetic Act are
8
the color additive regulations in this State, except insofar
9
as modified or rejected by
rules adopted

regulations
10
promulgated
by the Director.
11

(f) All special dietary use regulations and supplements
12
thereto
or revisions
to those regulations that are

thereof

13
adopted under authority of the Federal Food, Drug and Cosmetic
14
Act are the special dietary use regulations in this State,
15
except insofar as modified or rejected by
rules adopted

16
regulations promulgated
by the Director.
17

(g) All bottled water and vended water device regulations
18
and supplements
thereto
or revisions
to those regulations that
19
are

thereof
adopted under the authority of the Federal Food,
20
Drug and Cosmetic Act are the bottled water and vended water
21
device regulations in this State
,
except insofar as modified
22
or rejected by
rules adopted

regulations promulgated
by the
23
Director.
24

(h) All infant formula regulations and supplements
thereto

25
or revisions
to those regulations that are

thereof
adopted
26
under the authority of the Federal Food, Drug and Cosmetic Act

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1
are the infant formula regulations in this State
,
except
2
insofar as modified or rejected by
rules adopted

regulations
3
promulgated
by the Director.
4

(i) All food, drug, device
,
and cosmetic Good
5
Manufacturing Practices Regulations and supplements
thereto
or
6
revisions
to those regulations that are

thereof
adopted under
7
the authority of Federal Food, Drug and Cosmetic Act are the
8
food, drug, device and cosmetic Good Manufacturing Practices
9
Regulations in this State, except insofar as modified or
10
rejected by
rules adopted

regulations promulgated
by the
11
Director.
12

(j) A federal regulation automatically adopted pursuant to
13
this Act takes effect in this State on the date it becomes
14
effective as a Federal regulation. No publication or hearing
15
is required. The Director shall
adopt

promulgate
all other
16
proposed
rules

regulations
in compliance with the requirements
17
of
the

The
Illinois Administrative Procedure Act.
18

(k) Notwithstanding any other provision of law, a food,
19
food ingredient, dietary supplement, cosmetic, or other
20
consumer product shall not be considered adulterated solely
21
because it contains hemp, hemp-derived cannabinoids,
22
including, but not limited to, Delta-9 tetrahydrocannabinol
23
(THC), Delta-8 THC, tetrahydrocannabinolic acid (THCa), or any
24
hemp product, provided that the hemp used in the product
25
complies with the definition of "hemp" as specified in 7
26
U.S.C. 1639o.

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1
(Source: P.A. 84-891.)

Section 10.
The Industrial Hemp Act is amended by changing
3
Sections 5, 10, 15, and 20 as follows:

(505 ILCS 89/5)
5

Sec. 5.
Definitions.
In this Act:
6

"Department" means the Department of Agriculture.
7

"Director" means the Director of Agriculture.
8

"Hemp"
or "industrial hemp"
means the plant Cannabis
9
sativa L. and any part of that plant,
including the seeds
10
thereof and all derivatives, extracts, cannabinoids, isomers,
11
acids, salts, and salts of isomers,
whether growing or not,
12
with a delta-9 tetrahydrocannabinol concentration of not more
13
than 0.3 percent on a dry weight basis
and includes any
14
intermediate or finished product made or derived from
15
industrial hemp
.
16

"Hemp product" means a product that contains hemp.
17

"Hemp production plan" means a plan submitted by the
18
Department to the Secretary of the United States Department of
19
Agriculture pursuant to the federal Agriculture Improvement
20
Act of 2018, Public Law 115-334, and consistent with the
21
Domestic Hemp Production Program pursuant to 7 CFR Part 990
22
wherein the Department establishes its desire to have primary
23
regulatory authority over the production of hemp.
24

"Industrial hemp" means hemp or any intermediate or

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LRB104 03035 BDA 13053 b
1
finished product made or derived from hemp.
2

"Lot" has the meaning ascribed to that term in 7 CFR 990.1.

"Land area" means a farm as defined in Section 1-60 of the
4
Property Tax Code in this State or land or facilities under the
5
control of an institution of higher education.
6

"Person" means any individual, partnership, firm,
7
corporation, company, society, association, the State or any
8
department, agency, or subdivision thereof, or any other
9
entity.
10

"Process" means the conversion of raw industrial hemp
11
plant material into a form that is presently legal to import
12
from outside the United States under federal law.
13

"THC" means delta-9 tetrahydrocannabinol.
14
(Source: P.A. 102-690, eff. 12-17-21.)

(505 ILCS 89/10)
16

Sec. 10.
Licenses and registration.
17

(a) No person shall cultivate industrial hemp in this
18
State without a license issued by the Department.
19

(b) The application for a license shall include:
20

(1) the name and address of the applicant;
21

(2)
a legal description of the land that contains the
22

lots where hemp is to be produced, including, to the
23

extent practicable, any geospatial locations consistent
24

with the Domestic Hemp Production Program under 7 CFR Part
25

990

the legal description of the land area, including

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LRB104 03035 BDA 13053 b
1

Global Positioning System coordinates, to be used to
2

cultivate industrial hemp
; and
3

(3) if federal law requires a research purpose for the
4

cultivation of industrial hemp, a description of one or
5

more research purposes planned for the cultivation of
6

industrial hemp which may include the study of the growth,
7

cultivation, or marketing of industrial hemp; however, the
8

research purpose requirement shall not be construed to
9

limit the commercial sale of industrial hemp.
10

(b-5) A person shall not process industrial hemp in this
11
State without registering with the Department on a form
12
prescribed by the Department.
13

(c) The Department may determine, by rule, the duration of
14
a license or registration; application, registration, and
15
license fees; and the requirements for license or registration
16
renewal.
17
(Source: P.A. 102-690, eff. 12-17-21.)

(505 ILCS 89/15)
19

Sec. 15.
Rules.
20

(a) The Department shall submit to the Secretary of the
21
United States Department of Agriculture a hemp production plan
22
under which the Department monitors and regulates the
23
production of industrial hemp in this State. The Department
24
shall adopt rules incorporating the hemp production plan,
25
including application and licensing requirements.

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1

(b) The rules
adopted

set
by the Department shall include
2
annual inspections of, at a minimum, a random group of
3
producers to verify that hemp is produced in compliance with
4
this Act and the Domestic Hemp Production Program established
5
under 7 CFR Part 990

one yearly inspection of a licensed
6
industrial hemp cultivation operation and allow for additional
7
unannounced inspections of a licensed industrial hemp
8
cultivation operation at the Department's discretion
.
9

(c) The Department shall adopt rules necessary for the
10
administration and enforcement of this Act in accordance with
11
all applicable State and federal laws and regulations,
12
including rules concerning standards and criteria for
13
licensure and registration, for the payment of applicable
14
fees, signage, and for forms required for the administration
15
of this Act.
16

(d) The Department shall adopt rules for
the
testing
of
17
the industrial
hemp THC levels and
for remediation or

the

18
disposal of plant matter exceeding lawful THC levels,
19
including an option for a cultivator to retest for a minor
20
violation
consistent with the Domestic Hemp Production Program
21
under 7 CFR Part 990.

, with the retest threshold determined by
22
the Department and set in rule. Those rules may provide for the
23
use of seed certified to meet the THC levels mandated by this
24
Act as an alternative to testing
25

(e) The Department shall adopt rules for the distribution
26
and retail sale of hemp products that meet all conditions

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1
specified in Section 20 of this Act
.
2
(Source: P.A. 102-690, eff. 12-17-21.)

(505 ILCS 89/20)
4

Sec. 20.
Hemp products.
5

(a)
Nothing in this Act shall alter the legality of hemp or
6
hemp products that are presently legal to possess or own
,
7
except as otherwise provided in this Section
.
8

(b) Hemp products that contain cannabinoids, that are
9
intended for human consumption, and that are designated for
10
retail sale within Illinois must meet the following
11
requirements:
12

(1) The hemp used in the hemp products must comply
13

with the definition of "hemp" specified in 7 U.S.C. 1639o.
14

(2) The hemp products must not contain contaminants
15

unsafe for human consumption, including, but not limited
16

to, any microbe, fungus, yeast, mildew, herbicide,
17

pesticide, fungicide, residual solvent, metal, or other
18

contaminant found in any amount that exceeds any of the
19

accepted limitations as determined by rules adopted by the
20

Department of Public Health for a food, food ingredient,
21

dietary supplement, cosmetic, or other consumer product,
22

or other limitation pursuant to the laws of this State,
23

whichever amount is less.
24

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LRB104 03035 BDA 13053 b
1
retail sale within Illinois must be distributed or sold in a
2
container that includes:
3

(1) a scannable barcode or quick response code linked
4

to a certificate of analysis prepared by an approved
5

testing laboratory prominently displaying the
6

concentration of all detectable cannabinoids in the
7

product as well as any detectable contaminants under
8

paragraph (2) of subsection (b) of this Section or rules
9

adopted under that paragraph;
10

(2) the expiration date of the product;
11

(3) the number of milligrams of each marketed
12

cannabinoid per serving; and
13

(4) a disclaimer, which shall state: "These statements
14

have not been evaluated by the United States Food and Drug
15

Administration. This product is not intended to diagnose,
16

treat, cure, or prevent any disease.".
17

(d) Hemp products that are intended for inhalation or
18
ingestion and contain detectable amounts of hemp cannabinoids
19
may not be sold in this State to a person who is under 21 years
20
of age.
21

(e) Hemp products distributed or sold in violation of this
22
Section shall be considered adulterated or misbranded under
23
the Illinois Food, Drug and Cosmetic Act and all other
24
applicable State laws.

25
(Source: P.A. 100-1091, eff. 8-26-18.)

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HEMP REGULATION REFORM

Plain English Breakdown

HEMP REGULATION REFORM

What This Bill Does

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Official Summary Text

Current Bill Text