WeVote
Log In

Bill

Bill

HB 5784

CANNABIS OMNIBUS

104th Regular Session Introduced by Kimberly Du Buclet and 7 co-sponsors

Establishes a comprehensive Illinois hemp regulatory regime regulating licensing, production, processing, labeling, testing, and consumer protection for hemp products.

Rule 19(a) / Re-referred to Rules Committee
0
WeVote Research Nonpartisan
Bill Summary · HB 5784

Overview

  • Bill: HB 5784
  • Session: 104th (Illinois)
  • Sponsor: Rep. Will Guzzardi
  • Topic: Illinois Hemp Act (cannabis hemp regulation framework), with emphasis on licensing, product standards, and consumer protections for hemp-derived cannabinoid products; associated amendments to confidentiality, expungement, and related regulatory provisions.

Main purpose and intent

  • Create a comprehensive regulatory regime for hemp and hemp-derived cannabinoid products in Illinois, clarifying definitions, licensing, production, processing, labeling, testing, and enforcement.
  • Establish a clear pathway to determine what constitutes hemp, industrial hemp, and final consumer hemp cannabinoid products, with tight THC limits and specific cannabinoid lists.
  • Integrate enforcement, penalties, recalls, and consumer protection measures to ensure product safety and accurate labeling.
  • Consolidate funds and regulatory authority under a dedicated Illinois Hemp Regulatory Fund and align with federal hemp programs.

Key provisions and changes

  • Definitions (Section 5)

    • Final consumer hemp cannabinoid product: consumable/topical hemp product meeting Section 35 criteria with:
    • No non-natural cannabinoids or externally synthesized cannabinoids.
    • THC total per container capped at 0.4 mg.
    • Hemp: Cannabis sativa L. with total THC (including THCA) ≤ 0.3% dry weight; exclusions for certain seeds, intermediate products, and high-THC intermediates.
    • Lists of cannabinoids (subsections a–b): Department may add/change cannabinoids known to be naturally produced, THC-class cannabinoids, and those with similar effects to THC. Updates posted on the Department’s website.
    • Other terms: hemp cultivation licensee, hemp product manufacturer, intermediate hemp-derived cannabinoid product, and related terms.

  • Prohibitions and licensing (Sections 10, 15)

    • Sale/distribution restrictions: Hemp/cannabis products may only be sold if they qualify as final consumer hemp cannabinoid products or industrial hemp products under Act.
    • Manufacturing restrictions: Industrial hemp processors require registration; hemp product manufacturers require a license; both must comply with licensing rules.

  • Cannabinoid lists and regulatory updates (Section 15)

    • Department can add, change, or remove items from cannabinoid lists via rule.
    • Department must publish updates (including federal additions) on its website.

  • Cultivation and production (Section 20)

    • Hemp cultivation license required to grow hemp/industrial hemp in Illinois.
    • License applications require applicant and land details (including GPS coordinates).
    • Department sets license duration, renewal, and fees; creates a required hemp production plan to coordinate with federal programs.
    • Inspections allowed; department to adopt rules governing testing of THC levels and disposal of excess plant matter; fines up to $10,000 for violations.
    • Existing Industrial Hemp Act licenses automatically convert to this Act with current renewal terms.

  • Processing and manufacturing (Sections 25, 30)

    • Industrial hemp processors must register if handling raw material not intended for human/animal consumption; licenses valid 2 years, $200 fee, mandatory to process only non-cannabinoid industrial hemp products.
    • Hemp product manufacturers must obtain a license; must source hemp from USDA-licensed growers or approved programs; may perform extraction only with Department approval; extraction methods and chemicals must be disclosed and approved; annual professional-engineer inspection required for extraction facilities; licenses valid 2 years, $5,000 fee (waived for public higher education); penalties up to $10,000.

  • Final consumer hemp products (Section 35)

    • Minimum requirements:
    • Product must be a final consumer hemp product; no alcohol, tobacco, or nicotine; not intended for smoking/vaping.
    • GRAS ingredients or approved food additives; prepackaged; sealed, child-resistant containers.
    • Labeling and packaging:
    • Lot testing by an approved lab prior to sale; COA available to Department, retailers, and consumers via QR code/link.
    • Labels must include: product name, net weight/volume, ingredient list, cannabinoids present (above 0.4 mg threshold) per serving and per container, servings per container, batch/lot, manufacturer contact, expiration date, and scannable code to COA.
    • Prohibits misleading labeling and health claims; allows Department to modify labeling rules.

  • Violations and enforcement (Sections 40, 45)

    • Violations of Act or rules subject to penalties (first: up to $500; second: up to $750; third or more: up to $1,000 within 24 months); penalties stack with other remedies.
    • Inspections by multiple agencies; cease-and-desist powers; mandatory recalls; enforcement through Attorney General as unlawful practice if applicable.
    • Civil penalties for noncompliance; recall procedures; authority to compel compliance.

  • Regulatory fund (Section 55)

    • Creation of the Illinois Hemp Regulatory Fund; all fees and fines go into this fund to support administration, enforcement, and implementation.
    • Provides for transfer of remaining balance from the prior Industrial Hemp Regulatory Fund into the new fund (with dissolution of the old fund).

  • Immunity and construction (Sections 60, 65)

    • Immunity for Department employees acting within scope (subject to willful/wanton misconduct).
    • Federal preemption and transportation/building code alignment; home rule limitations on hemp regulation.

  • Confidentiality and amendments to related Acts (Section 100, 105)

    • Confidentiality changes for disciplinary examinations; public records for formal complaints and orders, with specified exceptions.
    • Amendments to Criminal Identification Act and related expungement/sealing provisions (extensive, enabling expungement/sealing of certain cannabis-related records and setting timelines, fees, and procedures).

Who/what would be affected

  • Hemp cultivators and industrial hemp growers: subject to licensing, production plans, inspections, and THC testing.
  • Industrial hemp processors: registrations and regulatory oversight; cannot produce cannabinoid-containing products.
  • Hemp product manufacturers: licensing, facility standards, extraction oversight, and testing; significant compliance obligations.
  • Retailers and distributors: must ensure products are compliant final consumer hemp products; labeling, testing, and packaging requirements apply.
  • Laboratories: must perform required testing and provide COAs accessible to consumers and regulators.
  • State agencies and local governments: new enforcement, recalls, and regulatory responsibilities; inspections may involve multiple agencies.
  • Consumers: protected by labeling, COA accessibility, packaging standards, and product safety requirements.
  • Legal/financial ecosystem: new Illinois Hemp Regulatory Fund funding oversight; potential expungement/sealing implications for cannabis-related records.

Timelines and procedural notes

  • Automatic license conversion: Industrial Hemp Act licensees automatically licensed under this Act upon effective date, retaining renewal periods.
  • Testing and recalls: mandatory testing before sale; recall authority and processes defined.
  • Fee structure: substantial licensing fees ($5,000 for hemp product manufacturers; $200 for industrial hemp processors) and penalties; fee collection and distribution outlined to support ongoing regulatory work.
  • Expungement/sealing provisions: broadened to include certain cannabis-related records with detailed timelines and procedures (not directly tied to hemp licensing but part of broader criminal record reforms).
  • Updates to cannabinoid lists: Department can add/change via rule; publish updates on website.

If you’d like, I can provide a side-by-side comparison with current Illinois hemp/cannabis law to highlight what changes this amendment would implement.

Compiled from official sources — confirm details with the bill’s official record.

Sign in to ask a question.