410 ILCS 707/5: Definitions.

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

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.