Illinois 2023-2024 Regular Session

Illinois House Bill HB3387 Compare Versions

Only one version of the bill is available at this time.

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1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3387 Introduced , by Rep. Curtis J. Tarver, II SYNOPSIS AS INTRODUCED: 410 ILCS 705/50-5 Amends the Cannabis Regulation and Tax Act. In provisions relating to laboratory testing, defines "batch" to mean: (1) for cannabis concentrate, 10 grams of every 2.2 pounds of concentrate; (2) for edible cannabis-infused products, 1% of a run, being a minimum of 2 packaged units or, if a bulk product, 10 grams; (3) for cannabis-infused beverage products, 1% of a run, being a minimum of 2 packaged units; and (4) for other cannabis-infused products (not including edibles and beverages), 1% of a run, being a minimum of 2 packaged units, or, if a bulk product, 10 grams. Requires the Department of Agriculture to adopt rules creating an incentive program for cultivation centers to use minority-owned or women-owned cannabis-testing laboratories. LRB103 30501 AWJ 56934 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3387 Introduced , by Rep. Curtis J. Tarver, II SYNOPSIS AS INTRODUCED: 410 ILCS 705/50-5 410 ILCS 705/50-5 Amends the Cannabis Regulation and Tax Act. In provisions relating to laboratory testing, defines "batch" to mean: (1) for cannabis concentrate, 10 grams of every 2.2 pounds of concentrate; (2) for edible cannabis-infused products, 1% of a run, being a minimum of 2 packaged units or, if a bulk product, 10 grams; (3) for cannabis-infused beverage products, 1% of a run, being a minimum of 2 packaged units; and (4) for other cannabis-infused products (not including edibles and beverages), 1% of a run, being a minimum of 2 packaged units, or, if a bulk product, 10 grams. Requires the Department of Agriculture to adopt rules creating an incentive program for cultivation centers to use minority-owned or women-owned cannabis-testing laboratories. LRB103 30501 AWJ 56934 b LRB103 30501 AWJ 56934 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3387 Introduced , by Rep. Curtis J. Tarver, II SYNOPSIS AS INTRODUCED:
3	3	410 ILCS 705/50-5 410 ILCS 705/50-5
4	4	410 ILCS 705/50-5
5	5	Amends the Cannabis Regulation and Tax Act. In provisions relating to laboratory testing, defines "batch" to mean: (1) for cannabis concentrate, 10 grams of every 2.2 pounds of concentrate; (2) for edible cannabis-infused products, 1% of a run, being a minimum of 2 packaged units or, if a bulk product, 10 grams; (3) for cannabis-infused beverage products, 1% of a run, being a minimum of 2 packaged units; and (4) for other cannabis-infused products (not including edibles and beverages), 1% of a run, being a minimum of 2 packaged units, or, if a bulk product, 10 grams. Requires the Department of Agriculture to adopt rules creating an incentive program for cultivation centers to use minority-owned or women-owned cannabis-testing laboratories.
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8	8	A BILL FOR
9	9	HB3387LRB103 30501 AWJ 56934 b HB3387 LRB103 30501 AWJ 56934 b
10	10	HB3387 LRB103 30501 AWJ 56934 b
11	11	1 AN ACT concerning health.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Cannabis Regulation and Tax Act is amended
15	15	5 by changing Section 50-5 as follows:
16	16	6 (410 ILCS 705/50-5)
17	17	7 Sec. 50-5. Laboratory testing.
18	18	8 (a) Notwithstanding any other provision of law, the
19	19	9 following acts, when performed by a cannabis testing facility
20	20	10 with a current, valid registration, or a person 21 years of age
21	21	11 or older who is acting in his or her capacity as an owner,
22	22	12 employee, or agent of a cannabis testing facility, are not
23	23	13 unlawful and shall not be an offense under Illinois law or be a
24	24	14 basis for seizure or forfeiture of assets under Illinois law:
25	25	15 (1) possessing, repackaging, transporting, storing, or
26	26	16 displaying cannabis or cannabis-infused products;
27	27	17 (2) receiving or transporting cannabis or
28	28	18 cannabis-infused products from a cannabis business
29	29	19 establishment, a community college licensed under the
30	30	20 Community College Cannabis Vocational Training Pilot
31	31	21 Program, or a person 21 years of age or older; and
32	32	22 (3) returning or transporting cannabis or
33	33	23 cannabis-infused products to a cannabis business
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3387 Introduced , by Rep. Curtis J. Tarver, II SYNOPSIS AS INTRODUCED:
38	38	410 ILCS 705/50-5 410 ILCS 705/50-5
39	39	410 ILCS 705/50-5
40	40	Amends the Cannabis Regulation and Tax Act. In provisions relating to laboratory testing, defines "batch" to mean: (1) for cannabis concentrate, 10 grams of every 2.2 pounds of concentrate; (2) for edible cannabis-infused products, 1% of a run, being a minimum of 2 packaged units or, if a bulk product, 10 grams; (3) for cannabis-infused beverage products, 1% of a run, being a minimum of 2 packaged units; and (4) for other cannabis-infused products (not including edibles and beverages), 1% of a run, being a minimum of 2 packaged units, or, if a bulk product, 10 grams. Requires the Department of Agriculture to adopt rules creating an incentive program for cultivation centers to use minority-owned or women-owned cannabis-testing laboratories.
41	41	LRB103 30501 AWJ 56934 b LRB103 30501 AWJ 56934 b
42	42	LRB103 30501 AWJ 56934 b
43	43	A BILL FOR
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68	68	1 establishment, a community college licensed under the
69	69	2 Community College Cannabis Vocational Training Pilot
70	70	3 Program, or a person 21 years of age or older.
71	71	4 (b)(1) No laboratory shall handle, test, or analyze
72	72	5 cannabis unless approved by the Department of Agriculture in
73	73	6 accordance with this Section.
74	74	7 (2) No laboratory shall be approved to handle, test, or
75	75	8 analyze cannabis unless the laboratory:
76	76	9 (A) is accredited by a private laboratory accrediting
77	77	10 organization;
78	78	11 (B) is independent from all other persons involved in
79	79	12 the cannabis industry in Illinois and no person with a
80	80	13 direct or indirect interest in the laboratory has a direct
81	81	14 or indirect financial, management, or other interest in an
82	82	15 Illinois cultivation center, craft grower, dispensary,
83	83	16 infuser, transporter, certifying physician, or any other
84	84	17 entity in the State that may benefit from the production,
85	85	18 manufacture, dispensing, sale, purchase, or use of
86	86	19 cannabis; and
87	87	20 (C) has employed at least one person to oversee and be
88	88	21 responsible for the laboratory testing who has earned,
89	89	22 from a college or university accredited by a national or
90	90	23 regional certifying authority, at least:
91	91	24 (i) a master's level degree in chemical or
92	92	25 biological sciences and a minimum of 2 years'
93	93	26 post-degree laboratory experience; or
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104	104	1 (ii) a bachelor's degree in chemical or biological
105	105	2 sciences and a minimum of 4 years' post-degree
106	106	3 laboratory experience.
107	107	4 (3) Each independent testing laboratory that claims to be
108	108	5 accredited must provide the Department of Agriculture with a
109	109	6 copy of the most recent annual inspection report granting
110	110	7 accreditation and every annual report thereafter.
111	111	8 (c) Immediately before manufacturing or natural processing
112	112	9 of any cannabis or cannabis-infused product or packaging
113	113	10 cannabis for sale to a dispensary, each batch shall be made
114	114	11 available by the cultivation center, craft grower, or infuser
115	115	12 for an employee of an approved laboratory to select a random
116	116	13 sample, which shall be tested by the approved laboratory for:
117	117	14 (1) microbiological contaminants;
118	118	15 (2) mycotoxins;
119	119	16 (3) pesticide active ingredients;
120	120	17 (4) residual solvent; and
121	121	18 (5) an active ingredient analysis.
122	122	19 (d) The Department of Agriculture may select a random
123	123	20 sample that shall, for the purposes of conducting an active
124	124	21 ingredient analysis, be tested by the Department of
125	125	22 Agriculture for verification of label information.
126	126	23 (e) A laboratory shall immediately return or dispose of
127	127	24 any cannabis upon the completion of any testing, use, or
128	128	25 research. If cannabis is disposed of, it shall be done in
129	129	26 compliance with Department of Agriculture rule.
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140	140	1 (f) If a sample of cannabis does not pass the
141	141	2 microbiological, mycotoxin, pesticide chemical residue, or
142	142	3 solvent residue test, based on the standards established by
143	143	4 the Department of Agriculture, the following shall apply:
144	144	5 (1) If the sample failed the pesticide chemical
145	145	6 residue test, the entire batch from which the sample was
146	146	7 taken shall, if applicable, be recalled as provided by
147	147	8 rule.
148	148	9 (2) If the sample failed any other test, the batch may
149	149	10 be used to make a CO2-based or solvent based extract. After
150	150	11 processing, the CO2-based or solvent based extract must
151	151	12 still pass all required tests.
152	152	13 (g) The Department of Agriculture shall establish
153	153	14 standards for microbial, mycotoxin, pesticide residue, solvent
154	154	15 residue, or other standards for the presence of possible
155	155	16 contaminants, in addition to labeling requirements for
156	156	17 contents and potency.
157	157	18 (h) The laboratory shall file with the Department of
158	158	19 Agriculture an electronic copy of each laboratory test result
159	159	20 for any batch that does not pass the microbiological,
160	160	21 mycotoxin, or pesticide chemical residue test, at the same
161	161	22 time that it transmits those results to the cultivation
162	162	23 center. In addition, the laboratory shall maintain the
163	163	24 laboratory test results for at least 5 years and make them
164	164	25 available at the Department of Agriculture's request.
165	165	26 (i) A cultivation center, craft grower, and infuser shall
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176	176	1 provide to a dispensing organization the laboratory test
177	177	2 results for each batch of cannabis product purchased by the
178	178	3 dispensing organization, if sampled. Each dispensing
179	179	4 organization must have those laboratory results available upon
180	180	5 request to purchasers.
181	181	6 (j) The Department of Agriculture shall may adopt rules
182	182	7 related to testing in furtherance of this Act. The rules shall
183	183	8 include, at a minimum, rules creating an incentive program for
184	184	9 cultivation centers to use minority-owned or women-owned
185	185	10 cannabis-testing laboratories.
186	186	11 (k) As used in this Section, "batch" means:
187	187	12 (1) for cannabis concentrate, 10 grams of every 2.2
188	188	13 pounds of concentrate;
189	189	14 (2) for edible cannabis-infused products, 1% of a run,
190	190	15 being a minimum of 2 packaged units, or, if a bulk product,
191	191	16 10 grams;
192	192	17 (3) for cannabis-infused beverage products, 1% of a
193	193	18 run, being a minimum of 2 packaged units; and
194	194	19 (4) for other cannabis-infused products other than
195	195	20 edibles and beverages, 1% of a run, being a minimum of 2
196	196	21 packaged units, or, if a bulk product, 10 grams.
197	197	22 (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
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