Illinois Hemp Act (410 ILCS 707/)

Chapter 410 — Public Health

Food and Drugs

This text is maintained by the Legislative Reference Bureau for legislative drafting purposes and is NOT the official text of the Illinois Compiled Statutes; the only official copy is the printed copy maintained by the Secretary of State.

Sec. 1. Short title

(This Section may contain text from a Public Act with a delayed effective date)

Sec. 1. Short title. This Act may be cited as the Illinois Hemp Act.

(Source: P.A. 104-463, eff. 11-12-26.)

Sec. 5. Definitions

(This Section may contain text from a Public Act with a delayed effective date)

Sec. 5. Definitions. As used in this Act:

"Cannabis" has the meaning given to that term in Section 3 of the Cannabis Control Act.

"Container" means the innermost wrapping, packaging, or vessel in direct contact with a final hemp-derived cannabinoid product in which the product is enclosed for retail sale to consumers, such as a jar, bottle, bag, box, packet, can, carton, or cartridge. "Container" includes any additional information and specificity as published by the United States Food and Drug Administration or may be changed by rule by the Department of Agriculture. "Container" does not include bulk shipping containers or outer wrappings that are not essential for the final retail delivery or sale to an end consumer for personal or household use.

"Department" means the Department of Agriculture.

"Director" means the Director of Agriculture.

"Final consumer hemp cannabinoid product" means a consumable or topical hemp-derived cannabinoid product that is permitted to be sold to consumers in the State, that meets the requirements of Section 35 of this Act, and that:

(1) does not contain any cannabinoids that are incapable of being naturally produced by a Cannabis sativa L. plant;

(2) does not contain any cannabinoids that are capable of being naturally produced by a Cannabis sativa L. plant but were synthesized or manufactured outside of the plant; and

(3) does not contain more than a per-container total of 0.4 milligrams of total tetrahydrocannabinols, including tetrahydrocannabinolic acid and any other cannabinoids that have similar effects or are marketed to have similar effects on humans or animals as a tetrahydrocannabinol as established under Section 15 of this Act.

"Hemp" means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a total tetrahydrocannabinol concentration, including tetrahydrocannabinolic acid, of not more than 0.3% on a dry-weight basis. "Hemp" includes industrial hemp. "Hemp" does not include any of the following:

(1) any viable seeds from a Cannabis sativa L. plant that exceeds a total tetrahydrocannabinols concentration, including tetrahydrocannabinolic acid, of 0.3% in the plant on a dry weight basis;

(2) any intermediate hemp-derived cannabinoid product containing any of the following:

(A) cannabinoids that are incapable of being naturally produced by a Cannabis sativa L. plant;

(B) cannabinoids that are capable of being naturally produced by a Cannabis sativa L. plant but were synthesized or manufactured outside the plant;

(C) more than a combined total tetrahydrocannabinol concentration of 0.3%, including tetrahydrocannabinolic acid and any other cannabinoids that have similar effects or are marketed to have similar effects on humans or animals as a tetrahydrocannabinol, as established under Section 15 of this Act;

(3) any intermediate hemp-derived cannabinoid product that is marketed or sold as a final product or marketed or sold directly to an end consumer for personal or household use; or

(4) any final hemp-derived cannabinoid product containing any of the following:

(A) cannabinoids that are incapable of being naturally produced by a Cannabis sativa L. plant;

(B) cannabinoids that are capable of being naturally produced by a Cannabis sativa L. plant and were synthesized or manufactured outside the plant;

(C) more than a per-container total of 0.4 milligrams of total tetrahydrocannabinols, including tetrahydrocannabinolic acid and any other cannabinoids that have similar effects or are marketed to have similar effects on humans or animals as a tetrahydrocannabinol as established under Section 15 of this Act.

"Hemp cultivation licensee" means a person licensed by the Department of Agriculture to cultivate hemp and industrial hemp pursuant to this Act and federal law.

"Hemp-derived cannabinoid product" means any intermediate or final product derived from hemp that contains cannabinoids in any form and is intended for human or animal use through any means of application or administration, including inhalation, ingestion, or topical application.

"Hemp product manufacturer" means a facility operated by a person licensed by the Department to obtain hemp or intermediate hemp-derived cannabinoid product to manufacture and produce hemp-derived cannabinoid products.

"Hemp production plan" means a plan submitted by the Department to the Secretary of the United States Department of Agriculture pursuant to the federal Agriculture Improvement Act of 2018, Public Law 115-334, and consistent with the Domestic Hemp Production Program established under 7 CFR Part 990, through which the Department establishes its authority to have primary regulatory authority over the production of hemp.

"Industrial hemp" means:

(1) hemp grown for the use of the stalk of the plant, fiber produced from the stalk, or any other non-cannabinoid derivative, mixture, preparation, or manufacture of the stalk;

(2) hemp grown for the use of the whole grain, oil, cake, nut, hull, or any other non-cannabinoid compound, derivative, mixture, preparation, or manufacture of the seeds of the plant;

(3) hemp grown for the purpose of producing microgreens or other edible hemp leaf products intended for human consumption that are derived from an immature hemp plant grown from seeds that do not exceed 0.3% total tetrahydrocannabinol;

(4) hemp that does not enter the stream of commerce and is intended to support hemp research at an institution of higher education, as defined in Section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001), or at an independent research institute; or

(5) hemp grown for the production of a viable seed of the plant produced solely for the production or manufacture of any material described in paragraphs (1) through (4).

"Industrial hemp product" means a product derived from industrial hemp that does not contain cannabinoids. "Industrial hemp processor" means a facility that processes or handles raw industrial hemp plant material.

"Intermediate hemp-derived cannabinoid product" means a hemp-derived cannabinoid product that:

(1) is not yet in the final form or preparation marketed or intended to be used or consumed by a human or animal; or

(2) is a powder, liquid, tablet, oil, or other product form that is intended or marketed to be mixed, dissolved, formulated, or otherwise added to or prepared with or into any other substance prior to administration or consumption.

An intermediate hemp-derived cannabinoid product shall not contain: (i) cannabinoids that are incapable of being naturally produced by a Cannabis sativa L. plant; (ii) cannabinoids that are capable of being naturally produced by a Cannabis sativa L. plant but were synthesized or manufactured outside of the plant; or (iii) more than a combined total tetrahydrocannabinol concentration of 0.3%, including tetrahydrocannabinolic acid and any other cannabinoids with similar effects on humans or animals as tetrahydrocannabinol.

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

"Person" means any individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, or any other entity.

(Source: P.A. 104-463, eff. 11-12-26.)

Sec. 10. Prohibitions on the sale and distribution of hemp products

(This Section may contain text from a Public Act with a delayed effective date)

Sec. 10. Prohibitions on the sale and distribution of hemp products.

(a) No person may distribute or sell cannabis, hemp, industrial hemp, or any product derived from cannabis, hemp, or industrial hemp in this State, except as authorized under the Cannabis Regulation and Tax Act, the Compassionate Use of Medical Cannabis Act, or this Act, unless the product meets the definition of a "final consumer hemp cannabinoid product" or an "industrial hemp product".

(b) No person may manufacture or produce any product derived from hemp or industrial hemp without first obtaining an industrial hemp processor registration or a hemp product manufacturer license under this Act.

(Source: P.A. 104-463, eff. 11-12-26.)

Sec. 15. Cannabinoid lists

(This Section may contain text from a Public Act with a delayed effective date)

Sec. 15. Cannabinoid lists.

(a) The following lists shall be used to determine what is hemp and what products qualify as a final consumer hemp cannabinoid product under this Act:

(1) Cannabinoids that are considered capable of being naturally produced by a Cannabis sativa L. plant:

(A) Cannabigerol (CBG), which includes, but is not limited to:

(i) CBGA (Cannabigerolic acid);

(ii) CBG (Cannabigerol);

(iii) CBGVA (Cannabigerovarinic acid);

(iv) CBGV (Cannabigerovarin);

(B) Cannabidiol (CBD), which includes, but is not limited to:

(i) CBDA (Cannabidiolic acid);

(ii) CBD (Cannabidiol);

(iii) CBDVA (Cannabidivarinic acid);

(iv) CBDV (Cannabidivarin);

(C) Delta 9-Tetrahydrocannabinol (THC), which includes, but is not limited to:

(i) THCA (Delta 9-Tetrahydrocannabinolic acid);

(ii) Delta 9-THC (Delta 9-Tetrahydrocannabinol);

(iii) THCVA (Tetrahydrocannabivarinic acid);

(iv) THCV (Tetrahydrocannabivarin);

(v) THCP (Tetrahydrocannabiphorol);

(D) Cannabichromene (CBC), which includes, but is not limited to:

(i) CBCA (Cannabichromenic acid);

(ii) CBC (Cannabichromene);

(iii) CBCVA (Cannabichromevarinic acid);

(iv) CBCV (Cannabichromevarin);

(E) Natural degradation and artifact subclasses, which include, but are not limited to:

(i) CBN (Cannabinol);

(ii) CBNA (Cannabinolic acid);

(iii) CBLA (Cannabicyclolic acid);

(iv) CBL (Cannabicyclol);

(v) CBE (Cannabielsoin);

(vi) CBT (Cannabitriol);

(vii) HHC (Hexahydrocannabinol);

(F) Minor natural isomers and trace compounds, which include, but are not limited to:

(i) Delta-8 THC (Delta 8-Tetrahydrocannabinol);

(ii) Delta-10 THC (Delta 10-Tetrahydrocannabinol);

(iii) exo-THC (Delta 9,11-Tetrahydrocannabinol);

(iv) THCA (Tetrahydrocannabinolic acid);

(v) THC-C1 (Tetrahydrocannabiorcol); and

(G) All cannabinoids that appear on a list of cannabinoids that are known to the federal Food and Drug Administration to be capable of being naturally produced by a Cannabis sativa L. plant, as reflected in peer reviewed literature, and that is published by the federal Food and Drug Administration pursuant to 7 U.S.C. 1639o.

(2) Cannabinoids that are tetrahydrocannabinol class cannabinoids known to be naturally occurring in the Cannabis sativa L. plant:

(A) THCA (Delta 9-Tetrahydrocannabinolic acid);

(B) THC (Delta 9-Tetrahydrocannabinol);

(C) THCV (Tetrahydrocannabivarin);

(D) THCVA (Tetrahydrocannabivarin acid);

(E) THCP (Tetrahydrocannabiphorol); and

(F) All tetrahydrocannabinol class cannabinoids that appear on a list of tetrahydrocannabinol class cannabinoids that are known to the federal Food and Drug Administration to be naturally occurring in the Cannabis sativa L. plant and that are published by the federal Food and Drug Administration pursuant to 7 U.S.C. 1639o.

(3) Cannabinoids that are known to have similar effects to, or marketed to have similar effects to, tetrahydrocannabinol class cannabinoids:

(A) Delta-5 THC (Delta-5 tetrahydrocannabinol);

(B) Delta-6 THC (Delta-6 tetrahydrocannabinol);

(C) Delta-7 THC (Delta 7-Tetrahydrocannabinol);

(D) Delta-8 THC (Delta 8-Tetrahydrocannabinol);

(E) Delta-10 THC (Delta 10-Tetrahydrocannabinol);

(F) Delta-6a10a THC (often sold as Delta-3 THC);

(G) Delta 10a THC (Delta 10-Tetrahydrocannabinol acid);

(H) Delta-11 THC (Delta-11tetrahydrocannabinol)

(I) HHC (Hexahydrocannabinol);

(J) HHCP (Hexahydrocannabiphorol);

(K) HHCH (Hexahydrocannabihexol);

(L) exo-THC (Delta 9,11-Tetrahydrocannabinol);

(M) THCP (Tetrahydrocannabiphorol);

(N) THCB (Tetrahydrocannabutol);

(O) THCH (Tetrahydrocannabihexol);

(P) THC-O-Acetate (Delta-9-Tetrahydrocannabinol acetate, THC-O/ATHC);

(Q) HHC-O-Acetate (Hexahydrocannabinol O acetate, HHC-O);

(R) THCP-O (Delta-9-Tetrahydrocannabiphorol-O-acetate);

(S) THCJD (Tetrahydrocannabioctyl); and

(T) All tetrahydrocannabinol class cannabinoids that appear on a list of cannabinoids that are known to the federal Food and Drug Administration to have similar effects to, or marketed to have similar effects to, tetrahydrocannabinol class cannabinoids and that is published by the federal Food and Drug Administration pursuant to 7 U.S.C. 1639o.

(b) The Department, by rule, may add, change, or remove any of the items included in the lists established in this Section.

(c) The Department shall publish any updates to the list, including any federal additions, on its website.

(Source: P.A. 104-463, eff. 11-12-26.)

Sec. 20. Hemp and industrial hemp cultivation

(This Section may contain text from a Public Act with a delayed effective date)

Sec. 20. Hemp and industrial hemp cultivation.

(a) No person shall cultivate hemp or industrial hemp in this State without a hemp cultivation license issued by the Department.

(b) An application for a cultivation license shall include:

(1) the name and address of the applicant; and

(2) the legal description of the land area to be used to cultivate hemp, including Global Positioning System coordinates.

(c) The Department may determine, by rule, the duration of a cultivation license, applicable license fees, and the requirements for license renewal.

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

(e) The Department may conduct inspections of hemp cultivation licensees at the Department's discretion.

(f) The Department shall adopt rules necessary for the administration and enforcement of this Act in accordance with all applicable State and federal laws and regulations, including rules governing standards and criteria for licensure and registration, payment of applicable fees, required signage, and forms required for the administration of this Act.

(g) The Department shall adopt rules for the testing of hemp THC levels and the disposal of plant matter exceeding lawful THC levels, including an option for a cultivator to request a retest for a minor violation, with the retest threshold determined by the Department and set by rule.

(h) The Department may impose fines, not to exceed $10,000, on hemp cultivation licensees for violations of this Act and rules.

(i) The Department's rules that are related to the cultivation of industrial hemp and adopted under the Industrial Hemp Act shall remain in effect until superseded by rules adopted under this Act. Upon the effective date of this Act, hemp cultivation licensees under the Industrial Hemp Act shall be automatically licensed under this Act subject to the existing renewal period.

(Source: P.A. 104-463, eff. 11-12-26.)

Sec. 25. Industrial hemp processing

(This Section may contain text from a Public Act with a delayed effective date)

Sec. 25. Industrial hemp processing.

(a) Any person that processes or handles raw industrial hemp plant material to create a product not intended for human or animal consumption shall obtain an industrial hemp processor registration. The license application shall be on a form prescribed by the Department and shall contain the name of the licensee, the location of the processing facility, and a list of products to be produced by the industrial hemp processor.

(b) The Department may adopt rules regulating industrial hemp processing. The Department may also inspect industrial hemp processing facilities and, if necessary, collect samples for testing at its discretion.

(c) An industrial hemp processor shall only create products derived from industrial hemp and shall not create any product that contains cannabinoids. The Department may revoke the license of an industrial hemp processor that violates this subsection.

(d) An industrial hemp processor license shall be valid for 2 years and shall be subject to a fee of $200.

(e) Industrial hemp processor registrants under the Industrial Hemp Act shall be required to obtain an industrial hemp processor license or a hemp product manufacturing license under this Act. Industrial hemp processor registrants under the Industrial Hemp Act may request a prorated refund of the registration fee submitted under that Act.

(Source: P.A. 104-463, eff. 11-12-26.)

Sec. 30. Intermediate hemp products and hemp product manufacturing

(This Section may contain text from a Public Act with a delayed effective date)

Sec. 30. Intermediate hemp products and hemp product manufacturing.

(a) Any person that processes or handles hemp (other than industrial hemp) or intermediate hemp-derived cannabinoid products shall obtain a hemp product manufacturer license from the Department.

(b) Hemp product manufacturers shall obtain hemp only from hemp growers licensed by the United States Department of Agriculture or an approved State or tribal hemp program and may only produce products that are permitted to be sold under federal or State law. Hemp product manufacturers shall not sell any products that do not comply with the requirements of the jurisdiction in which they are sold.

(c) A hemp product manufacturer shall only produce products that meet the definition of hemp, intermediate hemp-derived cannabinoid product, or final consumer hemp cannabinoid product. A hemp product manufacturer shall not create artificially derived cannabinoids.

(d) An application for licensure shall be submitted to the Department on a form prescribed by the Department and shall include, but shall not be limited to:

(1) the entity name, address, email address, and telephone number of the applicant;

(2) identification of the facility to be used; separate licenses are required for separate facilities;

(3) a copy of the applicable local zoning ordinance and verification that the facility location is not in an area zoned for residential use and complies with local zoning rules and distance limitations established by the local jurisdiction;

(4) identification of an authorized point of contact for interactions with the Department; and

(5) a list of all operations and processes to be conducted at the facility; licensees shall keep this list current at all times.

(e) The Department shall inspect the facility to assess whether the facility is suitable for operations prior to issuing a license. A license is valid only for the location listed in the application. A new application is required for each new location.

(f) A hemp product manufacturer shall operate under the supervision of a food service sanitation manager certified by the Department of Public Health.

(g) The facility shall be in compliance with the Illinois Food, Drug, and Cosmetic Act, the Sanitary Food Preparation Act, and the Food Handling Regulation Enforcement Act.

(h) A hemp product manufacturer may perform hemp extraction to create hemp concentrate that meets the definition of an intermediate hemp-derived cannabinoid product upon approval by the Department. The hemp product manufacturer shall provide in its application and keep up to date all methods of extraction and concentration that the manufacturer will use and identify the chemicals, if any, that will be used. All extraction methods and chemicals shall be approved by the Department. The Department shall adopt rules regulating hemp extraction, which shall include, at a minimum, an annual inspection by a professional engineer. Extraction equipment and processing sites shall be designed, installed, and maintained in accordance with codes of recognized and generally accepted good engineering practices, such as the National Fire Protection Association (NFPA), International Fire Code (IFC), American Society of Mechanical Engineers (ASME), and Underwriters Laboratories (UL).

(i) A hemp product manufacturer must comply with State and local building, fire, and zoning codes, requirements, and regulations.

(j) The Department may adopt rules that set facility standards and specifications, application requirements, production standards, security requirements, and any other requirements to ensure a safe and compliant facility.

(k) Hemp product manufacturing licenses shall be valid for 2 years and be subject to a license fee of $5,000. The Department shall waive the fee for any public institution of higher education, as defined in the Public Higher Education Act.

(l) The Department may impose fines, not to exceed $10,000, on hemp product manufacturers for violation of this Act and rules.

(Source: P.A. 104-463, eff. 11-12-26.)

Sec. 35. Final consumer hemp products

(This Section may contain text from a Public Act with a delayed effective date)

Sec. 35. Final consumer hemp products.

(a) All final consumer hemp cannabinoid products distributed, sold, or offered for sale in this State shall meet the following minimum requirements:

(1) the product shall meet the definition of "final consumer hemp cannabinoid product";

(2) the product shall not contain liquor, wine, beer, or cider, or otherwise meet the definition of "alcoholic liquor" under the Liquor Control Act of 1934;

(3) the product shall not contain tobacco or nicotine;

(4) the product shall consist of a consumable or topical product, such as an edible food or beverage, and shall not be intended to be smoked or vaped or otherwise meet the definition of electronic cigarette as defined by the Tobacco Products Tax Act of 1995;

(5) the product shall contain only ingredients that are generally recognized as safe (GRAS) for use in food or are approved food additives under the Federal Food, Drug, and Cosmetic Act, unless otherwise authorized by the Department by rule; and

(6) the product shall be prepackaged and shall not be added to food or any other consumable product at the point of sale.

(b) Prior to sale to the public, a representative sample of each lot shall be tested by a laboratory approved by the Department under the Cannabis Regulation and Tax Act. The representative sample shall be tested for all tests required under 8 Ill. Admin. Code 1300.700, or the Department may set alternative testing standards by rule under this Act. The Department may also conduct testing of any product purported to be a final consumer hemp cannabinoid product. A current certificate of analysis shall be made available to the Department, to any retailer carrying the product, and to consumers via a scannable code or link on the product label.

(c) Every hemp-derived product offered for sale shall bear a label containing, at a minimum:

(1) the product name;

(2) the net weight or volume;

(3) a complete and accurate list of all ingredients in descending order of predominance;

(4) the identity and quantity of each cannabinoid present in the product at a level above 0.4 milligrams, expressed in milligrams per serving and per container;

(5) the number of servings per container;

(6) the batch or lot number;

(7) the name, business address, and contact information of the manufacturer or distributor;

(8) an expiration or use by date; and

(9) a quick response (QR) or equivalent scannable code or website linking to the certificate of analysis for the batch.

The Department may make modifications and additions to these requirements by rule.

(d) All final hemp consumer cannabinoid products shall be sold in a container as defined by this Act. Each container shall be individually wrapped or packaged at the original point of preparation. Any product containing hemp shall be packaged in a sealed, child-resistant container that complies with current standards, including the Consumer Product Safety Commission standards referenced in the federal Poison Prevention Packaging Act or any other requirement set by the Department by rule.

(e) Labels and Packaging must not contain information that:

(1) is false or misleading or includes a representation that the product is a cannabis product;

(2) promotes excessive consumption;

(3) includes any image designed or likely to appeal to minors, including cartoons, fruit, toys, animals, or children, or any other likeness to images, characters, or phrases used to advertise to children;

(4) imitates the trade dress, name, or packaging of any commercial non-cannabis or non-hemp food, candy, beverage, or product primarily marketed to children;

(5) contains any seal, flag, crest, coat of arms, or other insignia likely to mislead a purchaser into believing the product has been endorsed, made, or used by the State of Illinois or any of its representatives, except where authorized by this Act;

(6) misstates or omits cannabinoid content or ingredients; or

(7) makes health claims.

(f) Labeling and packaging requirements may be modified by the Department by rule.

(g) The Department may issue a mandatory recall for any product or product line found to be in violation of any provision of this Section.

(Source: P.A. 104-463, eff. 11-12-26.)

Sec. 40. Violations

(This Section may contain text from a Public Act with a delayed effective date)

Sec. 40. Violations.

(a) A person or retailer that sells, offers for sale, distributes, or holds for sale a final consumer hemp cannabinoid product that does not comply with any requirement of this Act or any rule adopted under this Act commits a violation of this Act. Products derived from the plant Cannabis sativa L. that do not meet the definition of hemp or hemp-derived cannabinoid product are considered cannabis as defined by the Cannabis Regulation and Tax Act and Cannabis Control Act. Nothing in this Act limits the authority of any other State agency or unit of local government to inspect a person or retailer subject to this Act or to enforce other applicable laws.

(b) The Department of Agriculture, Department of Financial and Professional Regulation, Department of Public Health, Illinois State Police, Department of Revenue, and the unit of local government where the premises are located may, during ordinary business hours, enter and inspect any premises where hemp-derived cannabinoid products or final consumer hemp cannabinoid products are sold, offered for sale, stored, or distributed. Refusal to permit inspection constitutes a separate violation subject to a fine under Section 45.

(Source: P.A. 104-463, eff. 11-12-26.)

Sec. 45. Penalties

(This Section may contain text from a Public Act with a delayed effective date)

Sec. 45. Penalties. Upon a finding that a person or retailer has violated this Act, the Department may impose fines as follows:

(1) for a first violation within a 24-month period, a fine not to exceed $500;

(2) for a second violation within a 24-month period, a fine not to exceed $750; and

(3) for a third or subsequent violation within a 24-month period, a fine not to exceed $1,000.

Fines imposed under this subsection are in addition to, and not in lieu of, any other civil, criminal, or administrative remedy available under this Act or any other law. All penalties collected shall be deposited into the Illinois Hemp Regulatory Fund.

(Source: P.A. 104-463, eff. 11-12-26.)

Sec. 50. Cease and desist orders; mandatory recalls; consumer fraud

(This Section may contain text from a Public Act with a delayed effective date)

Sec. 50. Cease and desist orders; mandatory recalls; consumer fraud.

(a) The Director may issue a cease and desist order to any person doing business without the required license or when in the opinion of the Director the person is violating or is about to violate any provision of this Act or any rule or requirement imposed in writing by the Department, including the sale of products not in compliance with this Act. The cease and desist order permitted by this Section may be issued before a hearing.

(b) The Director shall serve notice of the Director's action, including, but not limited to, a statement of the reasons for the action, either personally, or by certified mail, or by regular mail. Service by certified or regular mail shall be deemed completed when the notice is deposited in the U.S. Mail.

(c) Within 10 calendar days after service of the cease and desist order, the licensee or other person may request a hearing in writing. The Director shall schedule a hearing within 90 days after the request for a hearing unless otherwise agreed to by the parties.

(d) If it is determined that the Director had the authority to issue the cease and desist order, the Director may issue such orders as may be reasonably necessary to correct, eliminate, or remedy the conduct.

(e) The Director may seek to compel compliance with the Cease and Desist Order in the circuit court through the Attorney General's Office. Any person in violation of a cease and desist order issued by the Department is subject to all penalties provided by law.

(f) The powers vested in the Director by this Section are in addition to any and all other powers and remedies vested in the Director by law, and nothing in this Section shall be construed as requiring that the Director shall employ the power conferred in this Section instead of or as a condition precedent to the exercise of any other power or remedy vested in the Director.

(g) Whenever the Department issues a mandatory recall under this Act, every person or retailer in possession of the recalled product shall, within the time specified in the recall order, remove the product from sale, segregate it from compliant inventory, and either return it to the manufacturer or distributor or hold it for destruction in accordance with Department instructions. A person or retailer that fails to comply with a mandatory recall order is subject to a civil penalty under rules adopted by the Department for each day the violation continues, and each non-compliant product retained in violation of the order constitutes a separate violation.

(h) When a product recalled under this Section has been finally determined by the Department to be non-compliant, the Director may petition the circuit court of the county in which the product is located for an order condemning the product and directing its destruction or other lawful disposition at the expense of the person or retailer in possession.

(i) The Department may adopt rules necessary to administer and enforce this Section, including rules establishing a schedule of presumptive civil penalties, procedures for stop-sale orders and embargoes, standards for manufacturer certifications of compliance, and procedures for mandatory recalls.

(j) The Attorney General may also enforce a violation of this Act as an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act.

(Source: P.A. 104-463, eff. 11-12-26.)

Sec. 55. Illinois Hemp Regulatory Fund

(This Section may contain text from a Public Act with a delayed effective date)

Sec. 55. Illinois Hemp Regulatory Fund. There is created in the State treasury a special fund to be known as the Illinois Hemp Regulatory Fund. All fees and fines collected by the Department under this Act shall be deposited into the Fund. Moneys in the Illinois Hemp Regulatory Fund shall be used by the Department for the purposes of implementing, administering, and enforcing this Act.

Notwithstanding any other provision of law, in addition to any other transfers that may be provided by law, on November 12, 2026, or as soon thereafter as practical, the State Comptroller shall direct and the State Treasurer shall transfer the remaining balance from the Industrial Hemp Regulatory Fund into the Illinois Hemp Regulatory Fund. Upon completion of the transfers, the Industrial Hemp Regulatory Fund is dissolved, and any future deposits due to that Fund and any outstanding obligations or liabilities of that Fund pass to the Illinois Hemp Regulatory Fund.

(Source: P.A. 104-463, eff. 11-12-26.)

Sec. 60. Immunity

(This Section may contain text from a Public Act with a delayed effective date)

Sec. 60. Immunity. Except for willful or wanton misconduct, a person employed by the Department shall not be subject to criminal or civil liability for taking any action under this Act within the scope of his or her employment. Representation and indemnification of Department employees shall be provided as set forth in Section 2 of the State Employee Indemnification Act.

(Source: P.A. 104-463, eff. 11-12-26.)

Sec. 65. Construction

(This Section may contain text from a Public Act with a delayed effective date)

Sec. 65. Construction.

(a) Nothing in this Act shall be construed to authorize any person to violate any federal rule, regulation, or law. If, as of November 13, 2026, this Act conflicts with the statutory text of 7 U.S.C. 1639p, the federal provision, as of November 13, 2026, shall control to the extent of the conflict.

(b) Nothing in this Act shall prohibit the transportation or shipment of hemp or hemp products produced in accordance with subtitle G of the Agricultural Marketing Act of 1946 (7 U.S.C. 1639o et seq.) through the State.

(Source: P.A. 104-463, eff. 11-12-26.)

Sec. 70. Home Rule

(This Section may contain text from a Public Act with a delayed effective date)

Sec. 70. Home Rule. A home rule unit may not regulate hemp in a manner less restrictive than the regulation of hemp under this Act. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.

(Source: P.A. 104-463, eff. 11-12-26.)

Sec. 100.

(Amendatory provisions; text omitted).

(Source: P.A. 104-463, eff. 6-12-26; text omitted.)

Sec. 105.

(Amendatory provisions; text omitted).

(Source: P.A. 104-463, eff. 6-12-26; text omitted.)

Sec. 110.

(Amendatory provisions; text omitted).

(Source: P.A. 104-463, eff. 6-12-26; text omitted.)

Sec. 115.

(Amendatory provisions; text omitted).

(Source: P.A. 104-463, eff. 6-12-26; text omitted.)

Sec. 120.

(Amendatory provisions; text omitted).

(Source: P.A. 104-463, eff. 6-12-26; text omitted.)

Sec. 125.

(Amendatory provisions; text omitted).

(Source: P.A. 104-463, eff. 6-12-26; text omitted.)

Sec. 130.

(Amendatory provisions; text omitted).

(Source: P.A. 104-463, eff. 6-12-26; text omitted.)

Sec. 140.

(Amendatory provisions; text omitted).

(Source: P.A. 104-463, eff. 6-12-26; text omitted.)

Sec. 155.

(Amendatory provisions; text omitted).

(Source: P.A. 104-463, eff. 6-12-26; text omitted.)

Sec. 160.

The Compassionate Use of Medical Cannabis Program Act is amended by repealing Section 115.5.

(Source: P.A. 104-463, eff. 11-12-26.)

Sec. 165.

(Amendatory provisions; text omitted).

(Source: P.A. 104-463, eff. 6-12-26; text omitted.)

Sec. 170.

The Cannabis Regulation and Tax Act is amended by repealing Sections 20-50, 25-45, and 30-50.

(Source: P.A. 104-463, eff. 6-12-26.)

Sec. 175.

(Amendatory provisions; text omitted).

(Source: P.A. 104-463, eff. 6-12-26; text omitted.)

Sec. 180.

The Industrial Hemp Act is repealed on November 12, 2026.

(Source: P.A. 104-463, eff. 6-12-26.)

Sec. 185.

(Amendatory provisions; text omitted).

(Source: P.A. 104-463, eff. 6-12-26; text omitted.)

Sec. 190.

(Amendatory provisions; text omitted).

(Source: P.A. 104-463, eff. 6-12-26; text omitted.)

Sec. 195.

The Cannabis Control Act is amended by repealing Section 15.2.

(Source: P.A. 104-463, eff. 6-12-26.)

Sec. 200.

(Amendatory provisions; text omitted).

(Source: P.A. 104-463, eff. 6-12-26; text omitted.)

Sec. 205.

(Amendatory provisions; text omitted).

(Source: P.A. 104-463, eff. 6-12-26; text omitted.)

Sec. 995. No acceleration or delay

Where this Act makes changes in a statute that is represented in this Act by text that is not yet or no longer in effect (for example, a Section represented by multiple versions), the use of that text does not accelerate or delay the taking effect of (i) the changes made by this Act or (ii) provisions derived from any other Public Act.

(Source: P.A. 104-463, eff. 6-12-26.)

Sec. 997. Severability

The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.

(Source: P.A. 104-463, eff. 6-12-26.)

Sec. 999. Effective date

This Act takes effect upon becoming law, except that Sections 1 through 70 and Section 160 take effect on November 12, 2026.

(Source: P.A. 104-463, eff. 6-12-26.)