REGULATING HEMP

Illinois General Assembly - Full Text of SB3919

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3919

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

SYNOPSIS AS INTRODUCED:

410 ILCS 705/1-10
505 ILCS 89/5
505 ILCS 89/15
505 ILCS 89/18
505 ILCS 89/20
720 ILCS 550/3

from Ch. 56 1/2, par. 703

Amends the Cannabis Regulation and Tax Act. In the definition of
"cannabis", provides that "cannabis" does not include hemp, industrial
hemp, or Illinois hemp for human consumption as defined and authorized
under the Industrial Hemp Act, but includes intoxicating hemp as defined
under the Industrial Hemp Act. Amends the Industrial Hemp Act. Revises
definitions to conform to federal law. Adds definitions of "Illinois hemp
for human consumption", "intoxicating hemp", and "synthetic hemp product".
Directs the Department of Agriculture to adopt rules to conform to federal
law. Directs the Department to also adopt rules regarding hemp products
intended for human consumption that (1) require testing, (2) establish
labeling requirements, (3) require child-resistant packaging, and (4)
prohibit branding attractive to children. Prohibits the sale, offer for
sale, delivery, or furnishment of a hemp product intended for human
consumption to a person who is under 21 years of age. Prohibits the
manufacture, distribution, sale, offer for sale, delivery, or furnishment
of synthetic hemp products. Provides for civil penalties for violations to
be deposited into the Industrial Hemp Regulatory Fund. Provides that the
exception in the Cannabis Control Act for the Industrial Hemp Act does not
apply to synthetic hemp products. Amends the Cannabis Control Act. Changes
the definition of "cannabis".
LRB104 17476 BDA 30902 b

A BILL FOR

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1

AN ACT concerning hemp.

2

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

4

Section 5.
The Cannabis Regulation and Tax Act is amended
5
by changing Section 1-10 as follows:

6

(410 ILCS 705/1-10)
7

Sec. 1-10.
Definitions.
In this Act:
8

"Adult Use Cultivation Center License" means a license
9
issued by the Department of Agriculture that permits a person
10
to act as a cultivation center under this Act and any
11
administrative rule made in furtherance of this Act.
12

"Adult Use Dispensing Organization License" means a
13
license issued by the Department of Financial and Professional
14
Regulation that permits a person to act as a dispensing
15
organization under this Act and any administrative rule made
16
in furtherance of this Act.
17

"Advertise" means to engage in promotional activities
18
including, but not limited to: newspaper, radio, Internet and
19
electronic media, and television advertising; the distribution
20
of fliers and circulars; billboard advertising; and the
21
display of window and interior signs. "Advertise" does not
22
mean exterior signage displaying only the name of the licensed
23
cannabis business establishment.

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"Application points" means the number of points a
2
Dispensary Applicant receives on an application for a
3
Conditional Adult Use Dispensing Organization License.
4

"BLS Region" means a region in Illinois used by the United
5
States Bureau of Labor Statistics to gather and categorize
6
certain employment and wage data. The 17 such regions in
7
Illinois are: Bloomington, Cape Girardeau, Carbondale-Marion,
8
Champaign-Urbana, Chicago-Naperville-Elgin, Danville,
9
Davenport-Moline-Rock Island, Decatur, Kankakee, Peoria,
10
Rockford, St. Louis, Springfield, Northwest Illinois
11
nonmetropolitan area, West Central Illinois nonmetropolitan
12
area, East Central Illinois nonmetropolitan area, and South
13
Illinois nonmetropolitan area.
14

"By lot" means a randomized method of choosing between 2
15
or more Eligible Tied Applicants or 2 or more Qualifying
16
Applicants.
17

"Cannabis" means marijuana, hashish, and other substances
18
that are identified as including any parts of the plant
19
Cannabis sativa and including derivatives or subspecies, such
20
as indica, of all strains of cannabis, whether growing or not;
21
the seeds thereof, the resin extracted from any part of the
22
plant; and any compound, manufacture, salt, derivative,
23
mixture, or preparation of the plant, its seeds, or resin,
24
including tetrahydrocannabinol (THC) and all other naturally
25
produced cannabinol derivatives, whether produced directly or
26
indirectly by extraction; however, "cannabis" does not include

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the mature stalks of the plant, fiber produced from the
2
stalks, oil or cake made from the seeds of the plant, any other
3
compound, manufacture, salt, derivative, mixture, or
4
preparation of the mature stalks (except the resin extracted
5
from it), fiber, oil or cake, or the sterilized seed of the
6
plant that is incapable of germination. "Cannabis" does not
7
include
hemp,
industrial hemp
, or Illinois hemp for human
8
consumption
as defined and authorized under the Industrial
9
Hemp Act
, but includes intoxicating hemp as defined under the
10
Industrial Hemp Act
. "Cannabis" also means cannabis flower,
11
concentrate, and cannabis-infused products.
12

"Cannabis business establishment" means a cultivation
13
center, craft grower, processing organization, infuser
14
organization, dispensing organization, or transporting
15
organization.
16

"Cannabis concentrate" means a product derived from
17
cannabis that is produced by extracting cannabinoids,
18
including tetrahydrocannabinol (THC), from the plant through
19
the use of propylene glycol, glycerin, butter, olive oil, or
20
other typical cooking fats; water, ice, or dry ice; or butane,
21
propane, CO
2
, ethanol, or isopropanol and with the intended
22
use of smoking or making a cannabis-infused product. The use
23
of any other solvent is expressly prohibited unless and until
24
it is approved by the Department of Agriculture.
25

"Cannabis container" means a sealed or resealable,
26
traceable, container, or package used for the purpose of

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containment of cannabis or cannabis-infused product during
2
transportation.
3

"Cannabis flower" means marijuana, hashish, and other
4
substances that are identified as including any parts of the
5
plant Cannabis sativa and including derivatives or subspecies,
6
such as indica, of all strains of cannabis; including raw
7
kief, leaves, and buds, but not resin that has been extracted
8
from any part of such plant; nor any compound, manufacture,
9
salt, derivative, mixture, or preparation of such plant, its
10
seeds, or resin.
11

"Cannabis-infused product" means a beverage, food, oil,
12
ointment, tincture, topical formulation, or another product
13
containing cannabis or cannabis concentrate that is not
14
intended to be smoked.
15

"Cannabis paraphernalia" means equipment, products, or
16
materials intended to be used for planting, propagating,
17
cultivating, growing, harvesting, manufacturing, producing,
18
processing, preparing, testing, analyzing, packaging,
19
repackaging, storing, containing, concealing, ingesting, or
20
otherwise introducing cannabis into the human body.
21

"Cannabis plant monitoring system" or "plant monitoring
22
system" means a system that includes, but is not limited to,
23
testing and data collection established and maintained by the
24
cultivation center, craft grower, or processing organization
25
and that is available to the Department of Revenue, the
26
Department of Agriculture, the Department of Financial and

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Professional Regulation, and the Illinois State Police for the
2
purposes of documenting each cannabis plant and monitoring
3
plant development throughout the life cycle of a cannabis
4
plant cultivated for the intended use by a customer from seed
5
planting to final packaging.
6

"Cannabis testing facility" means an entity registered by
7
the Department of Agriculture to test cannabis for potency and
8
contaminants.
9

"Clone" means a plant section from a female cannabis plant
10
not yet rootbound, growing in a water solution or other
11
propagation matrix, that is capable of developing into a new
12
plant.
13

"Community College Cannabis Vocational Training Pilot
14
Program faculty participant" means a person who is 21 years of
15
age or older, licensed by the Department of Agriculture, and
16
is employed or contracted by an Illinois community college to
17
provide student instruction using cannabis plants at an
18
Illinois Community College.
19

"Community College Cannabis Vocational Training Pilot
20
Program faculty participant Agent Identification Card" means a
21
document issued by the Department of Agriculture that
22
identifies a person as a Community College Cannabis Vocational
23
Training Pilot Program faculty participant.
24

"Conditional Adult Use Dispensing Organization License"
25
means a contingent license awarded to applicants for an Adult
26
Use Dispensing Organization License that reserves the right to

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an Adult Use Dispensing Organization License if the applicant
2
meets certain conditions described in this Act, but does not
3
entitle the recipient to begin purchasing or selling cannabis
4
or cannabis-infused products.
5

"Conditional Adult Use Cultivation Center License" means a
6
license awarded to top-scoring applicants for an Adult Use
7
Cultivation Center License that reserves the right to an Adult
8
Use Cultivation Center License if the applicant meets certain
9
conditions as determined by the Department of Agriculture by
10
rule, but does not entitle the recipient to begin growing,
11
processing, or selling cannabis or cannabis-infused products.
12

"Craft grower" means a facility operated by an
13
organization or business that is licensed by the Department of
14
Agriculture to cultivate, dry, cure, and package cannabis and
15
perform other necessary activities to make cannabis available
16
for sale at a dispensing organization or use at a processing
17
organization. A craft grower may contain up to 5,000 square
18
feet of canopy space on its premises for plants in the
19
flowering state. The Department of Agriculture may authorize
20
an increase or decrease of flowering stage cultivation space
21
in increments of 3,000 square feet by rule based on market
22
need, craft grower capacity, and the licensee's history of
23
compliance or noncompliance, with a maximum space of 14,000
24
square feet for cultivating plants in the flowering stage,
25
which must be cultivated in all stages of growth in an enclosed
26
and secure area. A craft grower may share premises with a

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processing organization or a dispensing organization, or both,
2
provided each licensee stores currency and cannabis or
3
cannabis-infused products in a separate secured vault to which
4
the other licensee does not have access or all licensees
5
sharing a vault share more than 50% of the same ownership.
6

"Craft grower agent" means a principal officer, board
7
member, employee, or other agent of a craft grower who is 21
8
years of age or older.
9

"Craft Grower Agent Identification Card" means a document
10
issued by the Department of Agriculture that identifies a
11
person as a craft grower agent.
12

"Cultivation center" means a facility operated by an
13
organization or business that is licensed by the Department of
14
Agriculture to cultivate, process, transport (unless otherwise
15
limited by this Act), and perform other necessary activities
16
to provide cannabis and cannabis-infused products to cannabis
17
business establishments.
18

"Cultivation center agent" means a principal officer,
19
board member, employee, or other agent of a cultivation center
20
who is 21 years of age or older.
21

"Cultivation Center Agent Identification Card" means a
22
document issued by the Department of Agriculture that
23
identifies a person as a cultivation center agent.
24

"Currency" means currency and coin of the United States.
25

"Dispensary" means a facility operated by a dispensing
26
organization at which activities licensed by this Act may

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occur.
2

"Dispensary Applicant" means the Proposed Dispensing
3
Organization Name as stated on an application for a
4
Conditional Adult Use Dispensing Organization License.
5

"Dispensing organization" means a facility operated by an
6
organization or business that is licensed by the Department of
7
Financial and Professional Regulation to acquire cannabis from
8
a cultivation center, craft grower, processing organization,
9
or another dispensary for the purpose of selling or dispensing
10
cannabis, cannabis-infused products, cannabis seeds,
11
paraphernalia, or related supplies under this Act to
12
purchasers or to qualified registered medical cannabis
13
patients and caregivers. As used in this Act, "dispensing
14
organization" includes a registered medical cannabis
15
organization as defined in the Compassionate Use of Medical
16
Cannabis Program Act or its successor Act that has obtained an
17
Early Approval Adult Use Dispensing Organization License.
18

"Dispensing organization agent" means a principal officer,
19
employee, or agent of a dispensing organization who is 21
20
years of age or older.
21

"Dispensing organization agent identification card" means
22
a document issued by the Department of Financial and
23
Professional Regulation that identifies a person as a
24
dispensing organization agent.
25

"Disproportionately Impacted Area" means a census tract or
26
comparable geographic area that satisfies the following

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criteria as determined by the Department of Commerce and
2
Economic Opportunity, that:
3

(1) meets at least one of the following criteria:
4

(A) the area has a poverty rate of at least 20%
5

according to the latest federal decennial census; or
6

(B) 75% or more of the children in the area
7

participate in the federal free lunch program
8

according to reported statistics from the State Board
9

of Education; or
10

(C) at least 20% of the households in the area
11

receive assistance under the Supplemental Nutrition
12

Assistance Program; or
13

(D) the area has an average unemployment rate, as
14

determined by the Illinois Department of Employment
15

Security, that is more than 120% of the national
16

unemployment average, as determined by the United
17

States Department of Labor, for a period of at least 2
18

consecutive calendar years preceding the date of the
19

application; and
20

(2) has high rates of arrest, conviction, and
21

incarceration related to the sale, possession, use,
22

cultivation, manufacture, or transport of cannabis.
23

"Early Approval Adult Use Cultivation Center License"
24
means a license that permits a medical cannabis cultivation
25
center licensed under the Compassionate Use of Medical
26
Cannabis Program Act as of the effective date of this Act to

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begin cultivating, infusing, packaging, transporting (unless
2
otherwise provided in this Act), processing, and selling
3
cannabis or cannabis-infused product to cannabis business
4
establishments for resale to purchasers as permitted by this
5
Act as of January 1, 2020.
6

"Early Approval Adult Use Dispensing Organization License"
7
means a license that permits a medical cannabis dispensing
8
organization licensed under the Compassionate Use of Medical
9
Cannabis Program Act as of the effective date of this Act to
10
begin selling cannabis or cannabis-infused product to
11
purchasers as permitted by this Act as of January 1, 2020.
12

"Early Approval Adult Use Dispensing Organization at a
13
secondary site" means a license that permits a medical
14
cannabis dispensing organization licensed under the
15
Compassionate Use of Medical Cannabis Program Act as of the
16
effective date of this Act to begin selling cannabis or
17
cannabis-infused product to purchasers as permitted by this
18
Act on January 1, 2020 at a different dispensary location from
19
its existing registered medical dispensary location.
20

"Eligible Tied Applicant" means a Tied Applicant that is
21
eligible to participate in the process by which a remaining
22
available license is distributed by lot pursuant to a Tied
23
Applicant Lottery.
24

"Enclosed, locked facility" means a room, greenhouse,
25
building, or other enclosed area equipped with locks or other
26
security devices that permit access only by cannabis business

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establishment agents working for the licensed cannabis
2
business establishment or acting pursuant to this Act to
3
cultivate, process, store, or distribute cannabis.
4

"Enclosed, locked space" means a closet, room, greenhouse,
5
building, or other enclosed area equipped with locks or other
6
security devices that permit access only by authorized
7
individuals under this Act. "Enclosed, locked space" may
8
include:
9

(1) a space within a residential building that (i) is
10

the primary residence of the individual cultivating 5 or
11

fewer cannabis plants that are more than 5 inches tall and
12

(ii) includes sleeping quarters and indoor plumbing. The
13

space must only be accessible by a key or code that is
14

different from any key or code that can be used to access
15

the residential building from the exterior; or
16

(2) a structure, such as a shed or greenhouse, that
17

lies on the same plot of land as a residential building
18

that (i) includes sleeping quarters and indoor plumbing
19

and (ii) is used as a primary residence by the person
20

cultivating 5 or fewer cannabis plants that are more than
21

5 inches tall, such as a shed or greenhouse. The structure
22

must remain locked when it is unoccupied by people.
23

"Financial institution" has the same meaning as "financial
24
organization" as defined in Section 1501 of the Illinois
25
Income Tax Act, and also includes the holding companies,
26
subsidiaries, and affiliates of such financial organizations.

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"Flowering stage" means the stage of cultivation where and
2
when a cannabis plant is cultivated to produce plant material
3
for cannabis products. This includes mature plants as follows:
4

(1) if greater than 2 stigmas are visible at each
5

internode of the plant; or
6

(2) if the cannabis plant is in an area that has been
7

intentionally deprived of light for a period of time
8

intended to produce flower buds and induce maturation,
9

from the moment the light deprivation began through the
10

remainder of the marijuana plant growth cycle.
11

"Individual" means a natural person.
12

"Infuser organization" or "infuser" means a facility
13
operated by an organization or business that is licensed by
14
the Department of Agriculture to directly incorporate cannabis
15
or cannabis concentrate into a product formulation to produce
16
a cannabis-infused product.
17

"Kief" means the resinous crystal-like trichomes that are
18
found on cannabis and that are accumulated, resulting in a
19
higher concentration of cannabinoids, untreated by heat or
20
pressure, or extracted using a solvent.
21

"Labor peace agreement" means an agreement between a
22
cannabis business establishment and any labor organization
23
recognized under the National Labor Relations Act, referred to
24
in this Act as a bona fide labor organization, that prohibits
25
labor organizations and members from engaging in picketing,
26
work stoppages, boycotts, and any other economic interference

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with the cannabis business establishment. This agreement means
2
that the cannabis business establishment has agreed not to
3
disrupt efforts by the bona fide labor organization to
4
communicate with, and attempt to organize and represent, the
5
cannabis business establishment's employees. The agreement
6
shall provide a bona fide labor organization access at
7
reasonable times to areas in which the cannabis business
8
establishment's employees work, for the purpose of meeting
9
with employees to discuss their right to representation,
10
employment rights under State law, and terms and conditions of
11
employment. This type of agreement shall not mandate a
12
particular method of election or certification of the bona
13
fide labor organization.
14

"Limited access area" means a room or other area under the
15
control of a cannabis dispensing organization licensed under
16
this Act and upon the licensed premises where cannabis sales
17
occur with access limited to purchasers, dispensing
18
organization owners and other dispensing organization agents,
19
or service professionals conducting business with the
20
dispensing organization, or, if sales to registered qualifying
21
patients, caregivers, provisional patients, and Opioid
22
Alternative Pilot Program participants licensed pursuant to
23
the Compassionate Use of Medical Cannabis Program Act are also
24
permitted at the dispensary, registered qualifying patients,
25
caregivers, provisional patients, and Opioid Alternative Pilot
26
Program participants.

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"Member of an impacted family" means an individual who has
2
a parent, legal guardian, child, spouse, or dependent, or was
3
a dependent of an individual who, prior to the effective date
4
of this Act, was arrested for, convicted of, or adjudicated
5
delinquent for any offense that is eligible for expungement
6
under this Act.
7

"Mother plant" means a cannabis plant that is cultivated
8
or maintained for the purpose of generating clones, and that
9
will not be used to produce plant material for sale to an
10
infuser or dispensing organization.
11

"Ordinary public view" means within the sight line with
12
normal visual range of a person, unassisted by visual aids,
13
from a public street or sidewalk adjacent to real property, or
14
from within an adjacent property.
15

"Ownership and control" means ownership of at least 51% of
16
the business, including corporate stock if a corporation, and
17
control over the management and day-to-day operations of the
18
business and an interest in the capital, assets, and profits
19
and losses of the business proportionate to percentage of
20
ownership.
21

"Person" means a natural individual, firm, partnership,
22
association, joint stock company, joint venture, public or
23
private corporation, limited liability company, or a receiver,
24
executor, trustee, guardian, or other representative appointed
25
by order of any court.
26

"Possession limit" means the amount of cannabis under

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1
Section 10-10 that may be possessed at any one time by a person
2
21 years of age or older or who is a registered qualifying
3
medical cannabis patient or caregiver under the Compassionate
4
Use of Medical Cannabis Program Act.
5

"Principal officer" includes a cannabis business
6
establishment applicant or licensed cannabis business
7
establishment's board member, owner with more than 1% interest
8
of the total cannabis business establishment or more than 5%
9
interest of the total cannabis business establishment of a
10
publicly traded company, president, vice president, secretary,
11
treasurer, partner, officer, member, manager member, or person
12
with a profit sharing, financial interest, or revenue sharing
13
arrangement. The definition includes a person with authority
14
to control the cannabis business establishment, a person who
15
assumes responsibility for the debts of the cannabis business
16
establishment and who is further defined in this Act.
17

"Primary residence" means a dwelling where a person
18
usually stays or stays more often than other locations. It may
19
be determined by, without limitation, presence, tax filings;
20
address on an Illinois driver's license, an Illinois
21
Identification Card, or an Illinois Person with a Disability
22
Identification Card; or voter registration. No person may have
23
more than one primary residence.
24

"Processing organization" or "processor" means a facility
25
operated by an organization or business that is licensed by
26
the Department of Agriculture to either extract constituent

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1
chemicals or compounds to produce cannabis concentrate or
2
incorporate cannabis or cannabis concentrate into a product
3
formulation to produce a cannabis product.
4

"Processing organization agent" means a principal officer,
5
board member, employee, or agent of a processing organization.
6

"Processing organization agent identification card" means
7
a document issued by the Department of Agriculture that
8
identifies a person as a processing organization agent.
9

"Purchaser" means a person 21 years of age or older who
10
acquires cannabis for a valuable consideration. "Purchaser"
11
does not include a cardholder under the Compassionate Use of
12
Medical Cannabis Program Act.
13

"Qualifying Applicant" means an applicant that submitted
14
an application pursuant to Section 15-30 that received at
15
least 85% of 250 application points available under Section
16
15-30 as the applicant's final score and meets the definition
17
of "Social Equity Applicant" as set forth under this Section.
18

"Qualifying Social Equity Justice Involved Applicant"
19
means an applicant that submitted an application pursuant to
20
Section 15-30 that received at least 85% of 250 application
21
points available under Section 15-30 as the applicant's final
22
score and meets the criteria of either paragraph (1) or (2) of
23
the definition of "Social Equity Applicant" as set forth under
24
this Section.
25

"Qualified Social Equity Applicant" means a Social Equity
26
Applicant who has been awarded a conditional license under

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1
this Act to operate a cannabis business establishment.
2

"Resided" means an individual's primary residence was
3
located within the relevant geographic area as established by
4
2 of the following:
5

(1) a signed lease agreement that includes the
6

applicant's name;
7

(2) a property deed that includes the applicant's
8

name;
9

(3) school records;
10

(4) a voter registration card;
11

(5) an Illinois driver's license, an Illinois
12

Identification Card, or an Illinois Person with a
13

Disability Identification Card;
14

(6) a paycheck stub;
15

(7) a utility bill;
16

(8) tax records; or
17

(9) any other proof of residency or other information
18

necessary to establish residence as provided by rule.
19

"Smoking" means the inhalation of smoke caused by the
20
combustion of cannabis.
21

"Social Equity Applicant" means an applicant that is an
22
Illinois resident that meets one of the following criteria:
23

(1) an applicant with at least 51% ownership and
24

control by one or more individuals who have resided for at
25

least 5 of the preceding 10 years in a Disproportionately
26

Impacted Area;

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1

(2) an applicant with at least 51% ownership and
2

control by one or more individuals who:
3

(i) have been arrested for, convicted of, or
4

adjudicated delinquent for any offense that is
5

eligible for expungement under this Act; or
6

(ii) is a member of an impacted family;
7

(3) for applicants with a minimum of 10 full-time
8

employees, an applicant with at least 51% of current
9

employees who:
10

(i) currently reside in a Disproportionately
11

Impacted Area; or
12

(ii) have been arrested for, convicted of, or
13

adjudicated delinquent for any offense that is
14

eligible for expungement under this Act or member of
15

an impacted family.
16

Nothing in this Act shall be construed to preempt or limit
17
the duties of any employer under the Job Opportunities for
18
Qualified Applicants Act. Nothing in this Act shall permit an
19
employer to require an employee to disclose sealed or expunged
20
offenses, unless otherwise required by law.
21

"Tied Applicant" means an application submitted by a
22
Dispensary Applicant pursuant to Section 15-30 that received
23
the same number of application points under Section 15-30 as
24
the Dispensary Applicant's final score as one or more
25
top-scoring applications in the same BLS Region and would have
26
been awarded a license but for the one or more other

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1
top-scoring applications that received the same number of
2
application points. Each application for which a Dispensary
3
Applicant was required to pay a required application fee for
4
the application period ending January 2, 2020 shall be
5
considered an application of a separate Tied Applicant.
6

"Tied Applicant Lottery" means the process established
7
under 68 Ill. Adm. Code 1291.50 for awarding Conditional Adult
8
Use Dispensing Organization Licenses pursuant to Sections
9
15-25 and 15-30 among Eligible Tied Applicants.
10

"Tincture" means a cannabis-infused solution, typically
11
comprised of alcohol, glycerin, or vegetable oils, derived
12
either directly from the cannabis plant or from a processed
13
cannabis extract. A tincture is not an alcoholic liquor as
14
defined in the Liquor Control Act of 1934. A tincture shall
15
include a calibrated dropper or other similar device capable
16
of accurately measuring servings.
17

"Transporting organization" or "transporter" means an
18
organization or business that is licensed by the Department of
19
Agriculture to transport cannabis or cannabis-infused product
20
on behalf of a cannabis business establishment or a community
21
college licensed under the Community College Cannabis
22
Vocational Training Pilot Program.
23

"Transporting organization agent" means a principal
24
officer, board member, employee, or agent of a transporting
25
organization.
26

"Transporting organization agent identification card"

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1
means a document issued by the Department of Agriculture that
2
identifies a person as a transporting organization agent.
3

"Unit of local government" means any county, city,
4
village, or incorporated town.
5

"Vegetative stage" means the stage of cultivation in which
6
a cannabis plant is propagated to produce additional cannabis
7
plants or reach a sufficient size for production. This
8
includes seedlings, clones, mothers, and other immature
9
cannabis plants as follows:
10

(1) if the cannabis plant is in an area that has not
11

been intentionally deprived of light for a period of time
12

intended to produce flower buds and induce maturation, it
13

has no more than 2 stigmas visible at each internode of the
14

cannabis plant; or
15

(2) any cannabis plant that is cultivated solely for
16

the purpose of propagating clones and is never used to
17

produce cannabis.
18
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19;
19
102-98, eff. 7-15-21; 102-538, eff. 8-20-21; 102-813, eff.
20
5-13-22.)

21

Section 10.
The Industrial Hemp Act is amended by changing
22
Sections 5, 15, 18, and 20 as follows:

23

(505 ILCS 89/5)
24

Sec. 5.
Definitions.
In this Act:

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1

"Department" means the Department of Agriculture.
2

"Director" means the Director of Agriculture.
3

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

4
or "industrial hemp" means the plant Cannabis sativa L. and
5
any part of that plant, whether growing or not, with a delta-9
6
tetrahydrocannabinol concentration of not more than 0.3
7
percent on a dry weight basis and includes any intermediate or
8
finished product made or derived from industrial hemp
.
9

"Hemp-derived cannabinoid product" has the meaning given
10
to that term in 7 U.S.C. 1639o.
11

"Hemp production plan" means a plan submitted by the
12
Department to the Secretary of the United States Department of
13
Agriculture pursuant to
7 U.S.C. 1639p

the federal Agriculture
14
Improvement Act of 2018, Public Law 115-334
, and consistent
15
with the Domestic Hemp Production Program pursuant to 7 CFR
16
Part 990
or successor regulations

wherein the Department
17
establishes its desire to have primary regulatory authority
18
over the production of hemp
.
19

"Illinois hemp for human consumption" means the plant
20
Cannabis sativa L. and any part of that plant, whether growing
21
or not, that has a THC concentration of not more than 0.4% on a
22
dry weight basis, that is designed for human consumption, and
23
that is cultivated, processed, distributed, and sold in the
24
State without ever leaving the State or engaging in interstate
25
commerce and any intermediate or finished product made or
26
derived from Illinois hemp for human consumption. "Illinois

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1
hemp for human consumption" does not include synthetic hemp
2
products.
3

"Industrial hemp" has the meaning given to that term in 7
4
U.S.C. 1639o.
5

"Intoxicating hemp" means the plant Cannabis sativa L. and
6
any part of that plant, whether growing or not, that is
7
designed for human consumption and either (i) that is
8
cultivated, processed, distributed, and sold in the State
9
without ever leaving the State or engaging in interstate
10
commerce and any intermediate or finished product made or
11
derived therefrom and that has a THC concentration of more
12
than 0.4% on a dry weight basis or (ii) that does not meet the
13
requirements of being cultivated, processed, distributed, and
14
sold in the State without ever leaving the State or engaging in
15
interstate commerce and that has a total tetrahydrocannabinols
16
concentration (including tetrahydrocannabinolic acid) of more
17
than 0.3% on a dry weight basis.
18

"Land area" means a farm as defined in Section 1-60 of the
19
Property Tax Code in this State or land or facilities under the
20
control of an institution of higher education.
21

"Person" means any individual, partnership, firm,
22
corporation, company, society, association, the State or any
23
department, agency, or subdivision thereof, or any other
24
entity.
25

"Process" means the conversion of raw industrial hemp
26
plant material into a form that is presently legal to import

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1
from outside the United States under federal law.
2

"Synthetic hemp product" means any consumer good
3
containing cannabinoids created through chemical catalysis or
4
synthesis, including those that are structurally identical to
5
trace compounds found in the Cannabis sativa L. plant (such as
6
delta-8 tetrahydrocannabinol, delta-10 tetrahydrocannabinol,
7
and hexahydrocannabinol), as well as non-naturally occurring
8
compounds designed to mimic the effects of cannabinoids.
9

"THC" means
any

delta-9
tetrahydrocannabinol.
"THC"
10
includes tetrahydrocannabinolic acid.

11
(Source: P.A. 102-690, eff. 12-17-21.)

12

(505 ILCS 89/15)
13

Sec. 15.
Rules.
14

(a) The Department shall submit to the Secretary of the
15
United States Department of Agriculture a hemp production plan
16
under which the Department monitors and regulates the
17
production of industrial hemp in this State. The Department
18
shall adopt rules incorporating the hemp production plan,
19
including application and licensing requirements.
20

(b) The rules set by the Department shall include one
21
yearly inspection of a licensed industrial hemp cultivation
22
operation and allow for additional unannounced inspections of
23
a licensed industrial hemp cultivation operation at the
24
Department's discretion.
25

(c) The Department shall adopt rules necessary for the

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1
administration and enforcement of this Act in accordance with
2
all applicable State and federal laws and regulations,
3
including rules concerning standards and criteria for
4
licensure and registration, for the payment of applicable
5
fees, signage, and for forms required for the administration
6
of this Act.
7

(d) The Department shall adopt rules for the testing of
8
the industrial hemp THC levels and the disposal of plant
9
matter exceeding lawful THC levels, including an option for a
10
cultivator to retest for a minor violation, with the retest
11
threshold determined by the Department and set in rule. Those
12
rules may provide for the use of seed certified to meet the THC
13
levels mandated by this Act as an alternative to testing.
14

(e) The Department shall adopt rules to conform with
15
changes in federal law with respect to hemp and industrial
16
hemp reflected in the federal Continuing Appropriations,
17
Agriculture, Legislative Branch, Military Construction and
18
Veterans Affairs, and Extensions Act, 2026 (Public Law
19
119-37).
20

(f) The Department shall adopt rules:
21

(1) requiring the testing for THC levels of and
22

contaminants within any hemp-derived cannabinoid product
23

intended for human consumption and any Illinois hemp for
24

human consumption;
25

(2) establishing labeling requirements, including
26

clear labeling of all cannabinoid content, for all

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1

hemp-derived cannabinoid products intended for human
2

consumption and Illinois hemp for human consumption;
3

(3) requiring child-resistant packaging for all
4

hemp-derived cannabinoid products intended for human
5

consumption and Illinois hemp for human consumption; and
6

(4) prohibiting branding, advertising, or labeling
7

that is or is designed to be attractive to children for all
8

hemp-derived cannabinoid products intended for human
9

consumption and Illinois hemp for human consumption.
10

A person who violates a Department rule adopted pursuant
11
to this subsection (f) is subject to a civil penalty of $1,000.
12
The penalty may be recovered by the State's Attorney of the
13
county where the violation occurred or by the Attorney General
14
in an action brought in a court of competent jurisdiction.
15
(Source: P.A. 102-690, eff. 12-17-21.)

16

(505 ILCS 89/18)
17

Sec. 18.
Industrial Hemp Regulatory Fund.
There is created
18
in the State treasury a special fund to be known as the
19
Industrial Hemp Regulatory Fund. All fees and fines collected
20
by the Department under this Act
and all civil penalties
21
collected under this Act
shall be deposited into the Fund.
22
Moneys in the Fund shall be utilized by the Department for the
23
purposes of implementation, administration, and enforcement of
24
this Act.
25
(Source: P.A. 100-1091, eff. 8-26-18.)

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1

(505 ILCS 89/20)
2

Sec. 20.
Hemp products.
Nothing in this Act shall alter
3
the legality of hemp or hemp products
or hemp-derived
4
cannabinoid products
that are presently legal to possess or
5
own
, except that:
6

(1) a hemp-derived cannabinoid product intended for
7

human consumption and any Illinois hemp for human
8

consumption shall be tested for potency and contaminants
9

before distribution or sale in accordance with Department
10

rules;
11

(2) a hemp-derived cannabinoid product intended for
12

human consumption and any Illinois hemp for human
13

consumption shall be packaged and labeled before
14

distribution or sale in accordance with Department rules
15

and shall conform to all other Department rules;
16

(3) a person may not sell, offer for sale, deliver, or
17

furnish a hemp-derived cannabinoid product intended for
18

human consumption or Illinois hemp for human consumption
19

to a person who is under 21 years of age; and
20

(4) a person may not manufacture, distribute, sell,
21

offer for sale, deliver, or furnish synthetic hemp
22

products in this State
.
23

A person who violates paragraph (3) or (4) is subject to a
24
civil penalty of $1,000. The penalty may be recovered in a
25
civil action brought by the State's Attorney of the county

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1
where the violation occurred or by the Attorney General in a
2
court of competent jurisdiction. The civil penalty for
3
violation of paragraph (4) is in addition to any criminal
4
penalties or other penalties under the Cannabis Control Act;
5
this Act shall not be construed as to limit the application of
6
the Cannabis Control Act to synthetic hemp products.

7
(Source: P.A. 100-1091, eff. 8-26-18.)

8

Section 15.
The Cannabis Control Act is amended by
9
changing Section 3 as follows:

10

(720 ILCS 550/3)

(from Ch. 56 1/2, par. 703)
11

Sec. 3.
As used in this Act, unless the context otherwise
12
requires:
13

(a) "Cannabis" includes marihuana, hashish and other
14
substances which are identified as including any parts of the
15
plant Cannabis Sativa, whether growing or not; the seeds
16
thereof, the resin extracted from any part of such plant; and
17
any compound, manufacture, salt, derivative, mixture, or
18
preparation of such plant, its seeds, or resin, including
19
tetrahydrocannabinol (THC) and all other cannabinol
20
derivatives, including its naturally occurring or
21
synthetically produced ingredients, whether produced directly
22
or indirectly by extraction, or independently by means of
23
chemical synthesis or by a combination of extraction and
24
chemical synthesis; but shall not include the mature stalks of

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1
such plant, fiber produced from such stalks, oil or cake made
2
from the seeds of such plant, any other compound, manufacture,
3
salt, derivative, mixture, or preparation of such mature
4
stalks (except the resin extracted therefrom), fiber, oil or
5
cake, or the sterilized seed of such plant which is incapable
6
of germination.
"Cannabis" does not include "hemp",
7
"industrial hemp", or "Illinois hemp for human consumption" as
8
those terms are defined in the Industrial Hemp Act, but
9
includes "intoxicating hemp" and "synthetic hemp products" as
10
those terms are defined in the Industrial Hemp Act.

11

(b) "Casual delivery" means the delivery of not more than
12
10 grams of any substance containing cannabis without
13
consideration.
14

(c) "Department" means the Illinois Department of Human
15
Services (as successor to the Department of Alcoholism and
16
Substance Abuse) or its successor agency.
17

(d) "Deliver" or "delivery" means the actual, constructive
18
or attempted transfer of possession of cannabis, with or
19
without consideration, whether or not there is an agency
20
relationship.
21

(e) (Blank).
22

(f) "Director" means the Director of the Illinois State
23
Police or his designated agent.
24

(g) "Local authorities" means a duly organized State,
25
county, or municipal peace unit or police force.
26

(h) "Manufacture" means the production, preparation,

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1
propagation, compounding, conversion or processing of
2
cannabis, either directly or indirectly, by extraction from
3
substances of natural origin, or independently by means of
4
chemical synthesis, or by a combination of extraction and
5
chemical synthesis, and includes any packaging or repackaging
6
of cannabis or labeling of its container, except that this
7
term does not include the preparation, compounding, packaging,
8
or labeling of cannabis as an incident to lawful research,
9
teaching, or chemical analysis and not for sale.
10

(i) "Person" means any individual, corporation, government
11
or governmental subdivision or agency, business trust, estate,
12
trust, partnership or association, or any other entity.
13

(j) "Produce" or "production" means planting, cultivating,
14
tending or harvesting.
15

(k) "State" includes the State of Illinois and any state,
16
district, commonwealth, territory, insular possession thereof,
17
and any area subject to the legal authority of the United
18
States of America.
19

(l) "Subsequent offense" means an offense under this Act,
20
the offender of which, prior to his conviction of the offense,
21
has at any time been convicted under this Act or under any laws
22
of the United States or of any state relating to cannabis, or
23
any controlled substance as defined in the Illinois Controlled
24
Substances Act.
25
(Source: P.A. 101-593, eff. 12-4-19; 102-538, eff. 8-20-21.)

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