Illinois Industrial Hemp Act amendments receive second notice
Two weeks ago, the Illinois Department of Agriculture (IDOA) announced that proposed amendments involving provisions to the Illinois Industrial Hemp Act had been moved to a Second Notice. Today, the Joint Committee on Administrative Rules (JCAR) posted the wording for the proposed rulemakings for the Second Notice.
The changes to the Industrial Hemp Act were originally proposed on Dec. 26, 2023. The proposed amendments involve provisions for new hemp regulations, licensing, and testing methods for Illinois academic research institutions, government demonstration and research entities, and licensed hemp farmers. The provisions also define or redefine language in the bill, including definitions for Industrial Hemp, Acceptable Hemp THC Level, Total Potential THC, Post Decarboxylation Value, and Remediation. These rulemakings will be considered at the meeting on Nov. 12, 2024, in Springfield.
The new definition for “Total potential THC” means “the value determined after the process of decarboxylation, or the application of a conversion factor if the testing methodology does not include decarboxylation, that expressed the potential total delta-9 tetrahydrocannabinol content derived from the sum of the THC and THCA content and reported on a dry weight basis within the measurement of uncertainty. This post-decarboxylation value of THC can be calculated by using a chromatograph technique using heat, such as gas chromatography, through which THCA is converted from its acid form to its neutral form, THC. Thus, this test calculates the total potential THC in a given sample. The total THC can also be calculated by using high performance liquid chromatography which keeps the THCA intact. This technique requires the use of the following conversion: [Total THC= (0.877 x THCA) + THC] which calculates the potential total THC in a given sample.”
“Post Decarboxylation Value,” in the context of testing methodologies for THC concentration in hemp, means “a value determined after the process of decarboxylation that determines the total potential delta-9 tetrahydrocannabinol (THC) content derived from the sum of the THC and delta-9-tetrahydrocannabinolic acid (THCA) content and reported on a dry weight basis. The post decarboxylation value of THC can be calculated by using a chromatographic technique using heat, gas chromatography, through which THCA is converted from its acid form to its neutral form, THC. Thus, this test calculates the total potential THC in each sample. The post decarboxylation value of THC can also be calculated by using a high-performance liquid chromatography technique, which keeps the THCA intact and requires a conversion calculation of that THCA to calculate total potential THC in a given sample.”
In the amended Inspection, Sampling, and Testing portion, IDOA eliminates that “The Department shall provide a minimum of 5 business days’ notice to the licensee of the inspection. The notification shall inform the licensee of the scope and process by which the inspection will be conducted.” The provision now states, “All licensees and registrants shall be subject to inspections at the discretion of the Department to ensure compliance with the Act. This includes but is not limited to: both scheduled and unannounced annual inspections, random inspections, and inspections for the purposes of auditing.”
The new provisions also provide a different set of testing guidelines for farmers and academic research institutions. For example, academic research institutions “shall notify the Department at least seven business days prior to collection of samples.” In addition, Qualifying academic research institutions shall pay a flat biannual fee of $200 for a license and license renewal. Qualifying government research and demonstration entities shall pay a flat annual fee of $100 for a license and license renewal. The Department is exempt from this fee when registering as a qualifying government research and demonstration entity. The Department may assess a fee of $100-1000 per analysis for hemp testing conducted by the Department. And the Department may assess a fee of up to $500 per sample if the sample is collected by the Department.
Further comments concerning these rulemakings should be addressed to JCAR at jcar@ilga.gov. For more Illinois cannabis industry news, subscribe to Illinois News Joint’s newsletter here.
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