IL
Illinois House Bill HB0064

Illinois 2025-2026 Regular Session

Illinois House Bill HB0064 Compare Versions

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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB0064 Introduced , by Rep. Sonya M. Harper SYNOPSIS AS INTRODUCED: 410 ILCS 620/21 from Ch. 56 1/2, par. 521505 ILCS 89/5505 ILCS 89/10505 ILCS 89/15505 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 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB0064 Introduced , by Rep. Sonya M. Harper SYNOPSIS AS INTRODUCED: 410 ILCS 620/21 from Ch. 56 1/2, par. 521505 ILCS 89/5505 ILCS 89/10505 ILCS 89/15505 ILCS 89/20 410 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 LRB104 03035 BDA 13053 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB0064 Introduced , by Rep. Sonya M. Harper SYNOPSIS AS INTRODUCED:
33 410 ILCS 620/21 from Ch. 56 1/2, par. 521505 ILCS 89/5505 ILCS 89/10505 ILCS 89/15505 ILCS 89/20 410 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
44 410 ILCS 620/21 from Ch. 56 1/2, par. 521
55 505 ILCS 89/5
66 505 ILCS 89/10
77 505 ILCS 89/15
88 505 ILCS 89/20
99 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.
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1515 1 AN ACT concerning hemp.
1616 2 Be it enacted by the People of the State of Illinois,
1717 3 represented in the General Assembly:
1818 4 Section 5. The Illinois Food, Drug and Cosmetic Act is
1919 5 amended by changing Section 21 as follows:
2020 6 (410 ILCS 620/21) (from Ch. 56 1/2, par. 521)
2121 7 Sec. 21. Rulemaking; enforcement; federal regulations.
2222 8 (a) The authority to adopt rules promulgate regulations
2323 9 for the efficient enforcement of this Act is vested in the
2424 10 Director. The Director is authorized to make the rules adopted
2525 11 regulations promulgated under this Act conform, in so far as
2626 12 practicable, with those promulgated under the Federal Act.
2727 13 (b) Hearings authorized or required by this Act shall be
2828 14 conducted by the Director or an officer, agent, or employee
2929 15 designated by the Director him.
3030 16 (c) All pesticide chemical regulations and supplements
3131 17 thereto or revisions to those regulations that are thereof
3232 18 adopted under authority of the Federal Food, Drug and Cosmetic
3333 19 Act are the pesticide chemical regulations in this State,
3434 20 except insofar as modified or rejected by rules regulations
3535 21 for finished foods adopted promulgated by the Director.
3636 22 (d) All food additive regulations and supplements thereto
3737 23 or revisions to those regulations that are thereof adopted
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4141 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB0064 Introduced , by Rep. Sonya M. Harper SYNOPSIS AS INTRODUCED:
4242 410 ILCS 620/21 from Ch. 56 1/2, par. 521505 ILCS 89/5505 ILCS 89/10505 ILCS 89/15505 ILCS 89/20 410 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
4343 410 ILCS 620/21 from Ch. 56 1/2, par. 521
4444 505 ILCS 89/5
4545 505 ILCS 89/10
4646 505 ILCS 89/15
4747 505 ILCS 89/20
4848 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.
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5858 505 ILCS 89/5
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8080 1 under authority of the Federal Food, Drug and Cosmetic Act are
8181 2 the food additive regulations in this State, except insofar as
8282 3 modified or rejected by rules adopted regulations promulgated
8383 4 by the Director.
8484 5 (e) All color additive regulations and supplements thereto
8585 6 or revisions to those regulations that are thereof adopted
8686 7 under authority of the Federal Food, Drug and Cosmetic Act are
8787 8 the color additive regulations in this State, except insofar
8888 9 as modified or rejected by rules adopted regulations
8989 10 promulgated by the Director.
9090 11 (f) All special dietary use regulations and supplements
9191 12 thereto or revisions to those regulations that are thereof
9292 13 adopted under authority of the Federal Food, Drug and Cosmetic
9393 14 Act are the special dietary use regulations in this State,
9494 15 except insofar as modified or rejected by rules adopted
9595 16 regulations promulgated by the Director.
9696 17 (g) All bottled water and vended water device regulations
9797 18 and supplements thereto or revisions to those regulations that
9898 19 are thereof adopted under the authority of the Federal Food,
9999 20 Drug and Cosmetic Act are the bottled water and vended water
100100 21 device regulations in this State, except insofar as modified
101101 22 or rejected by rules adopted regulations promulgated by the
102102 23 Director.
103103 24 (h) All infant formula regulations and supplements thereto
104104 25 or revisions to those regulations that are thereof adopted
105105 26 under the authority of the Federal Food, Drug and Cosmetic Act
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116116 1 are the infant formula regulations in this State, except
117117 2 insofar as modified or rejected by rules adopted regulations
118118 3 promulgated by the Director.
119119 4 (i) All food, drug, device, and cosmetic Good
120120 5 Manufacturing Practices Regulations and supplements thereto or
121121 6 revisions to those regulations that are thereof adopted under
122122 7 the authority of Federal Food, Drug and Cosmetic Act are the
123123 8 food, drug, device and cosmetic Good Manufacturing Practices
124124 9 Regulations in this State, except insofar as modified or
125125 10 rejected by rules adopted regulations promulgated by the
126126 11 Director.
127127 12 (j) A federal regulation automatically adopted pursuant to
128128 13 this Act takes effect in this State on the date it becomes
129129 14 effective as a Federal regulation. No publication or hearing
130130 15 is required. The Director shall adopt promulgate all other
131131 16 proposed rules regulations in compliance with the requirements
132132 17 of the The Illinois Administrative Procedure Act.
133133 18 (k) Notwithstanding any other provision of law, a food,
134134 19 food ingredient, dietary supplement, cosmetic, or other
135135 20 consumer product shall not be considered adulterated solely
136136 21 because it contains hemp, hemp-derived cannabinoids,
137137 22 including, but not limited to, Delta-9 tetrahydrocannabinol
138138 23 (THC), Delta-8 THC, tetrahydrocannabinolic acid (THCa), or any
139139 24 hemp product, provided that the hemp used in the product
140140 25 complies with the definition of "hemp" as specified in 7
141141 26 U.S.C. 1639o.
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152152 1 (Source: P.A. 84-891.)
153153 2 Section 10. The Industrial Hemp Act is amended by changing
154154 3 Sections 5, 10, 15, and 20 as follows:
155155 4 (505 ILCS 89/5)
156156 5 Sec. 5. Definitions. In this Act:
157157 6 "Department" means the Department of Agriculture.
158158 7 "Director" means the Director of Agriculture.
159159 8 "Hemp" or "industrial hemp" means the plant Cannabis
160160 9 sativa L. and any part of that plant, including the seeds
161161 10 thereof and all derivatives, extracts, cannabinoids, isomers,
162162 11 acids, salts, and salts of isomers, whether growing or not,
163163 12 with a delta-9 tetrahydrocannabinol concentration of not more
164164 13 than 0.3 percent on a dry weight basis and includes any
165165 14 intermediate or finished product made or derived from
166166 15 industrial hemp.
167167 16 "Hemp product" means a product that contains hemp.
168168 17 "Hemp production plan" means a plan submitted by the
169169 18 Department to the Secretary of the United States Department of
170170 19 Agriculture pursuant to the federal Agriculture Improvement
171171 20 Act of 2018, Public Law 115-334, and consistent with the
172172 21 Domestic Hemp Production Program pursuant to 7 CFR Part 990
173173 22 wherein the Department establishes its desire to have primary
174174 23 regulatory authority over the production of hemp.
175175 24 "Industrial hemp" means hemp or any intermediate or
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186186 1 finished product made or derived from hemp.
187187 2 "Lot" has the meaning ascribed to that term in 7 CFR 990.1.
188188 3 "Land area" means a farm as defined in Section 1-60 of the
189189 4 Property Tax Code in this State or land or facilities under the
190190 5 control of an institution of higher education.
191191 6 "Person" means any individual, partnership, firm,
192192 7 corporation, company, society, association, the State or any
193193 8 department, agency, or subdivision thereof, or any other
194194 9 entity.
195195 10 "Process" means the conversion of raw industrial hemp
196196 11 plant material into a form that is presently legal to import
197197 12 from outside the United States under federal law.
198198 13 "THC" means delta-9 tetrahydrocannabinol.
199199 14 (Source: P.A. 102-690, eff. 12-17-21.)
200200 15 (505 ILCS 89/10)
201201 16 Sec. 10. Licenses and registration.
202202 17 (a) No person shall cultivate industrial hemp in this
203203 18 State without a license issued by the Department.
204204 19 (b) The application for a license shall include:
205205 20 (1) the name and address of the applicant;
206206 21 (2) a legal description of the land that contains the
207207 22 lots where hemp is to be produced, including, to the
208208 23 extent practicable, any geospatial locations consistent
209209 24 with the Domestic Hemp Production Program under 7 CFR Part
210210 25 990 the legal description of the land area, including
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221221 1 Global Positioning System coordinates, to be used to
222222 2 cultivate industrial hemp; and
223223 3 (3) if federal law requires a research purpose for the
224224 4 cultivation of industrial hemp, a description of one or
225225 5 more research purposes planned for the cultivation of
226226 6 industrial hemp which may include the study of the growth,
227227 7 cultivation, or marketing of industrial hemp; however, the
228228 8 research purpose requirement shall not be construed to
229229 9 limit the commercial sale of industrial hemp.
230230 10 (b-5) A person shall not process industrial hemp in this
231231 11 State without registering with the Department on a form
232232 12 prescribed by the Department.
233233 13 (c) The Department may determine, by rule, the duration of
234234 14 a license or registration; application, registration, and
235235 15 license fees; and the requirements for license or registration
236236 16 renewal.
237237 17 (Source: P.A. 102-690, eff. 12-17-21.)
238238 18 (505 ILCS 89/15)
239239 19 Sec. 15. Rules.
240240 20 (a) The Department shall submit to the Secretary of the
241241 21 United States Department of Agriculture a hemp production plan
242242 22 under which the Department monitors and regulates the
243243 23 production of industrial hemp in this State. The Department
244244 24 shall adopt rules incorporating the hemp production plan,
245245 25 including application and licensing requirements.
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256256 1 (b) The rules adopted set by the Department shall include
257257 2 annual inspections of, at a minimum, a random group of
258258 3 producers to verify that hemp is produced in compliance with
259259 4 this Act and the Domestic Hemp Production Program established
260260 5 under 7 CFR Part 990 one yearly inspection of a licensed
261261 6 industrial hemp cultivation operation and allow for additional
262262 7 unannounced inspections of a licensed industrial hemp
263263 8 cultivation operation at the Department's discretion.
264264 9 (c) The Department shall adopt rules necessary for the
265265 10 administration and enforcement of this Act in accordance with
266266 11 all applicable State and federal laws and regulations,
267267 12 including rules concerning standards and criteria for
268268 13 licensure and registration, for the payment of applicable
269269 14 fees, signage, and for forms required for the administration
270270 15 of this Act.
271271 16 (d) The Department shall adopt rules for the testing of
272272 17 the industrial hemp THC levels and for remediation or the
273273 18 disposal of plant matter exceeding lawful THC levels,
274274 19 including an option for a cultivator to retest for a minor
275275 20 violation consistent with the Domestic Hemp Production Program
276276 21 under 7 CFR Part 990. , with the retest threshold determined by
277277 22 the Department and set in rule. Those rules may provide for the
278278 23 use of seed certified to meet the THC levels mandated by this
279279 24 Act as an alternative to testing
280280 25 (e) The Department shall adopt rules for the distribution
281281 26 and retail sale of hemp products that meet all conditions
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292292 1 specified in Section 20 of this Act.
293293 2 (Source: P.A. 102-690, eff. 12-17-21.)
294294 3 (505 ILCS 89/20)
295295 4 Sec. 20. Hemp products.
296296 5 (a) Nothing in this Act shall alter the legality of hemp or
297297 6 hemp products that are presently legal to possess or own,
298298 7 except as otherwise provided in this Section.
299299 8 (b) Hemp products that contain cannabinoids, that are
300300 9 intended for human consumption, and that are designated for
301301 10 retail sale within Illinois must meet the following
302302 11 requirements:
303303 12 (1) The hemp used in the hemp products must comply
304304 13 with the definition of "hemp" specified in 7 U.S.C. 1639o.
305305 14 (2) The hemp products must not contain contaminants
306306 15 unsafe for human consumption, including, but not limited
307307 16 to, any microbe, fungus, yeast, mildew, herbicide,
308308 17 pesticide, fungicide, residual solvent, metal, or other
309309 18 contaminant found in any amount that exceeds any of the
310310 19 accepted limitations as determined by rules adopted by the
311311 20 Department of Public Health for a food, food ingredient,
312312 21 dietary supplement, cosmetic, or other consumer product,
313313 22 or other limitation pursuant to the laws of this State,
314314 23 whichever amount is less.
315315 24 (c) Hemp products that contain cannabinoids, that are
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