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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3820

Introduced 2/6/2026, by Sen. Kimberly A. Lightford

SYNOPSIS AS INTRODUCED:

505 ILCS 89/5
505 ILCS 89/15
505 ILCS 89/20
720 ILCS 550/15.2

Amends the Industrial Hemp Act and the Cannabis Control Act. Makes
changes to conform with changes in federal law. Directs the Department of
Agriculture, within 12 months of the effective date of the amendatory Act,
to adopt rules consistent with the changes in federal law with respect to
hemp and industrial hemp reflected in the federal Continuing
Appropriations, Agriculture, Legislative Branch, Military Construction and
Veterans Affairs, and Extensions Act, 2026. Effective immediately.
LRB104 20131 BDA 33582 b

A BILL FOR

SB3820
LRB104 20131 BDA 33582 b
1

AN ACT concerning agriculture.

2

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

4

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

6

(505 ILCS 89/5)
7

Sec. 5.
Definitions.
In this Act:
8

"Department" means the Department of Agriculture.
9

"Director" means the Director of Agriculture.
10

"Hemp"
has the meaning given to that term in 7 U.S.C.
11
1639o.

or "industrial hemp" means the plant Cannabis sativa L.
12
and any part of that plant, whether growing or not, with a
13
delta-9 tetrahydrocannabinol concentration of not more than
14
0.3 percent on a dry weight basis and includes any
15
intermediate or finished product made or derived from
16
industrial hemp.

17

"Hemp-derived cannabinoid product" has the meaning given
18
to that term in 7 U.S.C. 1639o.
19

"Hemp production plan" means a plan submitted by the
20
Department to the Secretary of the United States Department of
21
Agriculture pursuant to
7 U.S.C. 1639p

the federal Agriculture
22
Improvement Act of 2018, Public Law 115-334
, and consistent
23
with the Domestic Hemp Production Program pursuant to 7 CFR

SB3820
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LRB104 20131 BDA 33582 b
1
Part 990
or successor regulations

wherein the Department
2
establishes its desire to have primary regulatory authority
3
over the production of hemp
.
4

"Industrial hemp" has the meaning given to that term in 7
5
U.S.C. 1639o.
6

"Land area" means a farm as defined in Section 1-60 of the
7
Property Tax Code in this State or land or facilities under the
8
control of an institution of higher education.
9

"Person" means any individual, partnership, firm,
10
corporation, company, society, association, the State or any
11
department, agency, or subdivision thereof, or any other
12
entity.
13

"Process" means the conversion of raw industrial hemp
14
plant material into a form that is presently legal to import
15
from outside the United States under federal law.
16

"THC" means
any

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

18

(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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LRB104 20131 BDA 33582 b
1

(b) The rules set by the Department shall include one
2
yearly inspection of a licensed industrial hemp cultivation
3
operation and allow for additional unannounced inspections of
4
a licensed industrial hemp cultivation operation at the
5
Department's discretion.
6

(c) The Department shall adopt rules necessary for the
7
administration and enforcement of this Act in accordance with
8
all applicable State and federal laws and regulations,
9
including rules concerning standards and criteria for
10
licensure and registration, for the payment of applicable
11
fees, signage, and for forms required for the administration
12
of this Act.
13

(d) The Department shall adopt rules for the testing of
14
the industrial hemp THC levels and the disposal of plant
15
matter exceeding lawful THC levels, including an option for a
16
cultivator to retest for a minor violation, with the retest
17
threshold determined by the Department and set in rule. Those
18
rules may provide for the use of seed certified to meet the THC
19
levels mandated by this Act as an alternative to testing.
20

(e) Within 12 months of the effective date of this
21
amendatory Act of the 104th General Assembly, the Department
22
shall adopt rules consistent with the changes in federal law
23
with respect to hemp and industrial hemp reflected in the
24
federal Continuing Appropriations, Agriculture, Legislative
25
Branch, Military Construction and Veterans Affairs, and
26
Extensions Act, 2026 (Public Law 119-37).

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LRB104 20131 BDA 33582 b
1
(Source: P.A. 102-690, eff. 12-17-21.)

2

(505 ILCS 89/20)
3

Sec. 20.
Hemp products.
Nothing in this Act shall alter
4
the legality of hemp or hemp products
or hemp-derived
5
cannabinoid products
that are presently legal to possess or
6
own.
7
(Source: P.A. 100-1091, eff. 8-26-18.)

8

Section 10.
The Cannabis Control Act is amended by
9
changing Section 15.2 as follows:

10

(720 ILCS 550/15.2)
11

Sec. 15.2.
Industrial hemp pilot program.
12

(a) Pursuant to Section 7606 of the federal Agricultural
13
Act of 2014, an institution of higher education or the
14
Department of Agriculture may grow or cultivate industrial
15
hemp if:
16

(1) the industrial hemp is grown or cultivated for
17

purposes of research conducted under an agricultural pilot
18

program or other agricultural or academic research;
19

(2) the pilot program studies the growth, cultivation,
20

or marketing of industrial hemp; and
21

(3) any site used for the growing or cultivating of
22

industrial hemp is certified by, and registered with, the
23

Department of Agriculture.

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LRB104 20131 BDA 33582 b
1

(b) Before conducting industrial hemp research, an
2
institution of higher education shall notify the Department of
3
Agriculture and any local law enforcement agency in writing.
4

(c) The institution of higher education shall provide
5
quarterly reports and an annual report to the Department of
6
Agriculture on the research and the research program shall be
7
subject to random inspection by the Department of Agriculture,
8
the Illinois State Police, or local law enforcement agencies.
9
The institution of higher education shall submit the annual
10
report to the Department of Agriculture on or before October
11
1.
12

(d) The Department of Agriculture may adopt rules to
13
implement this Section. In order to provide for the
14
expeditious and timely implementation of this Section, upon
15
notification by an institution of higher education that the
16
institution wishes to engage in the growth or cultivation of
17
industrial hemp for agricultural research purposes, the
18
Department of Agriculture may adopt emergency rules under
19
Section 5-45 of the Illinois Administrative Procedure Act to
20
implement the provisions of this Section. If changes to the
21
rules are required to comply with federal rules, the
22
Department of Agriculture may adopt peremptory rules as
23
necessary to comply with changes to corresponding federal
24
rules. All other rules that the Department of Agriculture
25
deems necessary to adopt in connection with this Section must
26
proceed through the ordinary rule-making process. The adoption

SB3820
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LRB104 20131 BDA 33582 b
1
of emergency rules authorized by this Section shall be deemed
2
to be necessary for the public interest, safety, and welfare.
3

The Department of Agriculture may determine, by rule, the
4
duration of an institution of higher education's pilot program
5
or industrial hemp research. If the institution of higher
6
education has not completed its program within the timeframe
7
established by rule, then the Department of Agriculture may
8
grant an extension to the pilot program if unanticipated
9
circumstances arose that impacted the program.
10

Within 12 months of the effective date of this amendatory
11
Act of the 104th General Assembly, the Department of
12
Agriculture shall adopt rules consistent with the changes in
13
federal law with respect to hemp and industrial hemp reflected
14
in the federal Continuing Appropriations, Agriculture,
15
Legislative Branch, Military Construction and Veterans
16
Affairs, and Extensions Act, 2026 (Public Law 119-37).
17

(e) As used in this Section:
18

"Industrial hemp"
has the meaning given to that term in 7
19
U.S.C. 1639o

means cannabis sativa L. having no more than 0.3%
20
total THC available, upon heating, or maximum delta-9
21
tetrahydrocannabinol content possible
.
22

"Institution of higher education" means a State
23
institution of higher education that offers a 4-year degree in
24
agricultural science.
25
(Source: P.A. 102-538, eff. 8-20-21.)

26

Section 99.
Effective date.
This Act takes effect upon

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LRB104 20131 BDA 33582 b
1
becoming law.

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