104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 SB1775 Introduced 2/5/2025, by Sen. Willie Preston 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 03309 BDA 13331 b A BILL FOR 104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 SB1775 Introduced 2/5/2025, by Sen. Willie Preston 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 03309 BDA 13331 b LRB104 03309 BDA 13331 b A BILL FOR
104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 SB1775 Introduced 2/5/2025, by Sen. Willie Preston 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
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.
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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 Illinois Food, Drug and Cosmetic Act is
5 amended by changing Section 21 as follows:
6 (410 ILCS 620/21) (from Ch. 56 1/2, par. 521)
7 Sec. 21. Rulemaking; enforcement; federal regulations.
8 (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 (c) All pesticide chemical regulations and supplements
17 thereto or revisions to those regulations that are 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
104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 SB1775 Introduced 2/5/2025, by Sen. Willie Preston 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
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.
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LRB104 03309 BDA 13331 b
A BILL FOR
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
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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.)
2 Section 10. The Industrial Hemp Act is amended by changing
3 Sections 5, 10, 15, and 20 as follows:
4 (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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1 finished product made or derived from hemp.
2 "Lot" has the meaning ascribed to that term in 7 CFR 990.1.
3 "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.)
15 (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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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.)
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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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.)
3 (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 (c) Hemp products that contain cannabinoids, that are
25 intended for human consumption, and that are designated for
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