CONSUMABLE HEMP LICENSING

Session: 103rd General Assembly
Year: 2023
Bill #: HB4161
Category: Cannabis
Position: Under Review
Mandate?
Revenue Loss?
Authority Preemption?

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Amends the Industrial Hemp Act. Changes the short title of the Act to the Hemp Act. Permits the wholesale and retail sale of cannabinoids, hemp concentrate, or any other intermediate hemp cannabinoid products. Provides that no person shall offer or sell cannabinoid products, particularly packaged hemp products, to consumers in the State unless the person applies for and holds a hemp retailer license issued by the Department of Financial and Professional Regulation. Provides that no person shall sell ready-to-eat hemp products to end consumers without applying for and holding a hemp food establishment license issued by the Department of Public Health. Provides that no person shall sell cannabinoid product to any person under the age of 21 unless the person is a medical cardholder registered under the Compassionate Use of Medical Cannabis Program Act. Provides that the Department of Agriculture may not limit the number of hemp farm licenses. Provides that no person shall cultivate or grow hemp for commercial purposes unless licensed by the Department of Agriculture and subject to the rules of the Department. Provides that hemp farms may not create hemp extractions without a processor license. Provides that hemp farms may not engage in retail sales without a hemp retailer license. Provides that hemp farms may not create hemp extractions without a processor license. Provides that hemp farms may not engage in retail sales without a hemp retailer license. Creates in the State treasury a special fund known as the Hemp Social Equity Fund. Provides that 25% of all moneys deposited into the Hemp Regulatory Fund shall be transferred into the Hemp Social Equity Fund. Provides that, beginning on July 1, 2024, a tax is imposed upon purchases of all hemp cannabinoid products (hemp cannabinoid products for inhalation, hemp cannabinoid products for ingestion, and ready-to-eat hemp cannabinoid products) at a rate of 5% of the purchase price of the cannabinoid products. Defines terms. Preempts home rule powers. Amends the State Finance Act, Cannabis Regulation and Tax Act, the Illinois Noxious Weed Law, the Cannabis Control Act, the Use Tax Act, the Service Use Tax Act, the Service Occupation Tax Act, and the Retailers' Occupation Tax Act to make conforming changes. Effective immediately.



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